MATTER OF BLACKBURNE


7 N.Y.3d 213 (2006)

851 N.E.2d 1175

818 N.Y.S.2d 824

In the Matter of LAURA D. BLACKBURNE, a Justice of the Supreme Court, Queens County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Court of Appeals of New York.

Decided June 13, 2006.


Attorney(s) appearing for the Case

Godosky & Gentile, P.C., New York City (David M. Godosky and Richard Godosky of counsel), for petitioner.

Robert H. Tembeckjian, New York City, and Alan W. Friedberg for respondent.

Mayer, Brown, Rowe & Maw LLP, Chicago, Illinois (Jeffrey W. Sarles of counsel, admitted pro hac vice), for National Association for the Advancement of Colored People, amicus curiae.

Joseph F. DeFelice, Kew Gardens, and Cheree A. Buggs for Queens County Bar Association and others, amici curiae.

Hinman Straub P.C., Albany (David W. Novak of counsel), for Association of Justices of the Supreme Court of the State of New York, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur in per curiam opinion; Judge G.B. SMITH dissents and votes to impose the sanction of censure in a separate opinion in which Judge R.S. SMITH concurs.


OPINION OF THE COURT

Per Curiam.

In June 2004, petitioner was presiding over the Queens Treatment Court, a specialized court in which nonviolent felons with a history of addiction can avoid incarceration by undergoing drug treatment. During the course of their treatment regimen, defendants must appear frequently before the court for supervision and monitoring. Among the cases on petitioner's June 10 calendar was that of defendant Derek Sterling, who was...

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