COURT OF APPEALS DEVELOPMENTS
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COURT OF APPEALS DEVELOPMENTS The Pataki Court Vincent Martin Bonventre, J.D., Ph.D. Legislative CLE, December 14, 2006. The Current Court (updated Sept. 2006). Judith S. Kaye. Appointed 1983, Cuomo (replaced JF [elect]) First woman on Court From NYC (born in Monticello)

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The Current Court (updated Sept. 2006)

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The current court updated sept 2006

COURT OF APPEALS DEVELOPMENTSThe Pataki CourtVincent Martin Bonventre, J.D., Ph.D.Legislative CLE, December 14, 2006


The current court updated sept 2006

The Current Court(updated Sept. 2006)


Judith s kaye

Judith S. Kaye

  • Appointed 1983, Cuomo

    (replaced JF [elect])

  • First woman on Court

  • From NYC (born in Monticello)

  • Appointed Chief Judge 1993, Cuomo

    (replaced SW [Cuomo])

  • Current term expires March 2007

  • Mandatory age retirement 2008


George bundy smith retired 2006

George Bundy Smith (retired 2006)

  • Appointed 1992, Cuomo

    (replaced FA [Cuomo])

  • From NYC (born New Orleans)

  • Term expired Sept. 2006

  • Denied reappointment by Pataki

  • (mandatory age retirement would have been 2007)


Carmen beauchamp ciparick

Carmen Beauchamp Ciparick

  • Appointed 1994, Cuomo

    (replaced SFH [Cuomo])

  • First Hispanic on Court

  • From NYC

  • Current term expires Jan. 2008

  • Mandatory age retirement 2012


Richard c wesley resigned 2003

Richard C. Wesley (resigned 2003)

  • Appointed 1997, Pataki

    (replaced RDS [Cuomo])

  • From Livonia

    [Rochester area]

    (born Canandaigua, New York)

  • Resigned for 2d Circuit Appointment, 2003


Albert m rosenblatt

Albert M. Rosenblatt

  • Appointed 1998, Pataki

    (replaced VJT [Cuomo])

  • From Dutchess County (born NYC)

  • Mandatory age retirement 2006


Victoria a graffeo

Victoria A. Graffeo

  • Appointed 2000, Pataki

    (replaced JWB [Cuomo])

  • From Guilderland (born Rockville Center)

  • Term expires Nov. 2014

  • Mandatory age retirement 2022


Susan p read

Susan P. Read

  • Appointed 2003, Pataki

    (replaced HL [Cuomo])

  • From Capital Region (born Gallipolis, Ohio)

  • Mandatory age retirement 2017

  • Term expires Jan. 2017


Robert s smith

Robert S. Smith

  • Appointed 2003, Pataki

    (replaced RW [Pataki])

  • From NYC

  • Mandatory age retirement 2014


Hon eugene f pigott jr

Hon. Eugene F. Pigott, Jr.

  • Appointed 2006, Pataki

    (replaced GBS [Cuomo])

  • From Grand Island [Buffalo Metro Area]

    (born Rochester, NY)

  • Mandatory age retirement 2016


The process

The Process

  • Background: Wachtler, Fuchsberg, Breitel, Carey

  • Commission: composition, purpose [evaluate, report, recommend]

  • Applications: notice, solicitation, applicants

  • Interviews: prelim evaluation, in-person meeting

    Vincent M. Bonventre, 12/06


The process cont d

The Process cont’d

  • Voting: ranking/no-ranking, 2/3 support, re-voting & winnowing

  • Findings & Recommendations:

    3-7 candidates

    “report” on “character, temperament, professional aptitude, experience, qualifications and fitness”

    —otherwise entirely confidential

    Vincent M. Bonventre, 12/06


The process cont d1

The Process cont’d

  • Gubernatorial Nomination: limited to list, agenda?

  • Senatorial Advice & Consent: committee hearing, full senate, “advice” or just consent?

    Vincent M. Bonventre, 12/06


The process cont d2

The Process cont’d

  • Election vs “Nonpolitical Merit” Appointment:

    • Pros / Cons

    • Final Product, Comparisons

    • Essentials

      Vincent M. Bonventre, 12/06


Court of appeals making of the pataki court

Court of AppealsMaking of the Pataki Court

Voting and Decisional Patterns in Criminal Cases:

From Cuomo thru Pataki

Vincent Martin Bonventre, J.D., Ph.D.

December 2006


Late wachtler early kaye all cuomo court

Late Wachtler – Early KayeAll Cuomo Court

  • Late Wachtler era

    Pro-prosecution record

    Wachtler/Bellacosa v. Kaye/Titone

  • Post-Wachtler – Early Kaye

    Pro-defendant swing

    Wachtler Court – Kaye Court transition


Emerging kaye court all cuomo court

Emerging Kaye CourtAll Cuomo Court

  • Reprise

    Late Wachtler

    Early Kaye

  • Emerging Kaye Court

    Pro-defendant swing persists

    Kaye/Titone/G.B. Smith/Ciparick “liberal” majority


Cuomo to pataki transition

Cuomo to Pataki Transition

  • Reprise

    Post-Wachtler / Early Kaye

    Emerging Kaye Court

  • Post Court-Bashing

    Pro-prosecution “adjustment”

    Kaye/Ciparick voting shift


Trending pataki court

Trending-Pataki Court

  • Reprise

    Emerging Kaye Court

    Post Court-bashing

  • Pataki’s Increasing Impact

    Kaye/Ciparick shift persists

    Pataki’s appointees:

    Simons to Wesley

    Titone to Rosenblatt

    Bellacosa to Graffeo

    Court’s pro-prosecution record

  • [But] Rosenblatt: the “non” Pataki appointee ?


Pataki s court

Pataki’s Court ?

  • Reprise

    Pataki’s Increasing Impact: “Bashing” + Appointments

    Pataki’s Majority?

    Titone to Rosenblatt, Bellacosa to Graffeo

    Levine to Read, [Simons to] Wesley to R.S. Smith

  • Court Re-Adjustment

    Kaye/Ciparick Re-shift

    Pataki’s Judges: Wesley, Graffeo, Read,

    and (?) R.S. Smith

    “Non” Pataki Judge: Rosenblatt

    Court’s Pro-defendant Swing Back (?)


The 2006 court

The 2006 Court

  • Re-Emerging Pro-defendant Wing

    G.B. Smith, Kaye & Ciparick

  • Solid Pro-prosecution Votes

    Graffeo & Read

  • The Less Predictable R.S. Smith

  • Rosenblatt in the Center

  • An Unmistakable Spectrum

    G.B. Smith/Kaye/Ciparick

    Graffeo/Read

    Rosenblatt/R.S. Smith

    ?? G.B. Smith Replaced by Pigott??


The current court updated sept 20061

The Current Court(updated Sept. 2006)


Future court spitzer s opportunities

Future CourtSpitzer’s Opportunities ?

  • Rosenblatt Replacement, Jan. 2007

  • Kaye Reappointment/Replacement, March 2007

    • Mandatory Retirement, 2008

  • Ciparick Reappoint./Replacement, Jan. 2008

    • Mandatory Retirement, 2012

  • Graffeo Reappoint./Replacement, Nov. 2014

    • Mandatory Retirement, 2022

  • R.S. Smith Mandatory Retirement, 2014

  • Pigott Mandatory Retirement, 2016

  • Read Reappointment/Replacement Jan. 2017

    • Mandatory Retirement, 2017


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