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MATTER OF JOHNSON v. PATAKI

229 A.D.2d 242 (1997)

655 N.Y.S.2d 463

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

Appellate Division of the Supreme Court of the State of New York, First Department.

March 20, 1997

Attorney(s) appearing for the Case

Anthony J. Girese of counsel, Bronx (Joseph N. Ferdenzi, Peter D. Coddington and Stephen Muller on the brief; Robert T. Johnson, District Attorney of Bronx County), appellant pro se.

Arthur N. Eisenberg of counsel, New York City (Anthony G. Amsterdam, Eric M. Freedman and Andrew I. Schepard on the brief; Norman Siegel, Christopher Dunn and Beth Haroules, and Edna Wells Handy and Bruce Johnson, attorneys), for Rafael Martinez and others, appellants.

Richard J. Holwell of counsel, New York City (Dwight A. Healy and Daniel P. Goldberg on the brief; White & Case, attorneys), for George E. Pataki, respondent.

Edward D. Saslaw of counsel, New York City (Christopher G. Quinn, Susan Watson, Michael S. Buskus, David Monachino, Steven Connolly and Michael Hueston on the brief; Dennis C. Vacco, Attorney-General), respondent pro se.

ELLERIN, J. P., NARDELLI, WILLIAMS and MAZZARELLI, JJ., concur.

WALLACH, J.

On March 7, 1995, the Governor approved the first legislative enactment of his term in office, designated as chapter 1 of the Laws of 1995. Included in this legislation, most of which was to become effective the following September 1st, was a return to the death penalty as a permissible sentence (Penal Law § 60.06), for an expanded list of crimes characterized as murder in the first degree ...

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