In the Matter of Robert T. Johnson, as District Attorney of Bronx County, Appellant,
v.
George E. Pataki, as Governor of the State of New York, et al., Respondents.
In the Matter of Rafael Martinez et al., Appellants,
v.
George E. Pataki, as Governor of the State of New York, et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 21, 1997
Decided December 4, 1997.
Attorney(s) appearing for the Case
Robert T. Johnson, District Attorney of Bronx County, Bronx (Anthony J. Girese, Joseph N. Ferdenzi, Peter D. Coddington, Stephen Muller and Jean Joyce of counsel), appellant pro se in the first above-entitled proceeding.
Arthur Eisenberg, New York City, Christopher Dunn, Norman Siegel, Edna Wells Handy, Bruce Johnson, Anthony G. Amsterdam, Eric M. Freedman and Andrew I. Schepard for appellants in the second above-entitled proceeding.
White & Case, New York City (Richard J. Holwell, Dwight A. Healy and Daniel P. Goldberg of counsel), for George E. Pataki, respondent in the first and second above-entitled proceedings.
Dennis C. Vacco, Attorney-General, New York City (Edward D. Saslaw, Christopher G. Quinn, Susan Watson, Michael S. Buskus, Steven Connolly, Michael Hueston and Jill Gross Marks of counsel), respondent pro se in the first and second above-entitled proceedings.
Richard A. Brown, District Attorney of Queens County, Kew Gardens, Roseann B. MacKechnie, Brooklyn, Victor Barall, Ann Bordley and Leonard Joblove for New York State District Attorneys Association, amicus curiae
Judges BELLACOSA, LEVINE and WESLEY concur with Chief Judge KAYE; Judge TITONE dissents and votes to reverse in a separate opinion; Judge SMITH dissents and votes to dismiss as moot in another opinion in which Judge CIPARICK concurs.
Court of Appeals of the State of New York.
Chief Judge KAYE.
By this appeal we are asked to determine whether Governor George E. Pataki had the legal authority to supersede Bronx County District Attorney Robert T. Johnson in a potential death penalty prosecution involving a slain police officer. We hold that the Governor acted lawfully under constitutional and statutory authority, and that even if the rationale for his action were subject to judicial...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
