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MATTER OF NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ASSN v. KAYE

269 A.D.2d 14 (2000)

710 N.Y.S.2d 146

In the Matter of NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS et al., Appellants, v. JUDITH S. KAYE, as Chief Judge of the New York State Court of Appeals, et al., Respondents.

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

June 22, 2000.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Jay Cohen of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Alicia R. Ouellette of counsel), for respondents.

SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

OPINION OF THE COURT

CREW III, J. P.

In 1995, the Legislature reinstated the death penalty and, in conjunction therewith, enacted Judiciary Law § 35-b to provide a mechanism by which indigent defendants subject to the death penalty would be afforded representation by qualified counsel. In order to ensure that qualified attorneys were available, the legislation provided for a screening panel in each Judicial Department consisting of four members (

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