Top decisions of the decade

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In the first decade of the new millennium, the New York State Court of Appeals issued historic decisions in several arenas.
Asked to identify the most significant cases of the past 10 years, Rochester-area attorneys and judges named several decisions handed down by the state’s highest court, as well as some local cases that made big headlines.
1. People v. LaValle,
3 NY3d 88 (2004)
The Court of Appeals held that the state’s capital punishment statute was unconstitutional, ending the death penalty in New York.
While upholding Stephen LaValle’s murder conviction, the court determined New York Criminal Procedure Law §400.27(10) [2] violated the Due Process Clause of the state Constitution. That statutory section could have had a coercive effect on jurors because it allowed the judge to institute a 20-year sentence if the jury deadlocked, the court ruled.
LaValle was prosecuted by the Suffolk County District Attorney’s Office. Defense attorney Susan H. Saloman was credited for the strategy that has overturned his death sentence.
2. Hernandez v. Robles,
7 NY3d 338 (2006)
The Court of Appeals upheld the New York County Court’s ruling that existing state law excludes same-sex marriages, throwing the issue back to the Legislature.
“This still is a very active issue and still does color the lives of many people who feel very passionately about the issue, on both sides,” attorney Carolyn Nussbaum, a partner in the Rochester office of Nixon & Peabody LLP, said.
The Court of Appeals declined to review a decision by the Appellate Division, Fourth Department holding that same-sex marriages lawfully entered in another jurisdiction will be recognized by the state.
The Appellate Division, Fourth Department cited Robles in its decision in Martinez v. County of Monroe, 2008 Slip Op. 00909 (Fourth Dept. 2008).
Attorney Jeffrey Wicks represented the plaintiff, and County Attorney Daniel DeLaus represented the county.
3. People v. Sparber,
10 NY3d 457, (2008)
The Court of Appeals ruled it was unconstitutional for the state’s Department of Corrections to administratively impose post-release supervision on individuals who hadn’t been sentenced to it by a judge.
Daniel Sparber had pleaded guilty to first-degree assault in exchange for a negotiated prison term of 15 years. As a second violent felony offender, he also faced a mandatory five-year post-release supervision term — but the court did not mention the PRS when he was sentenced. The Court of Appeals said that failure violated his rights under Criminal Procedure Law §380.20 and §380.40
Attorney David J. Klem represented the appellant, and David M. Cohn prosecuted the case.
“Many individuals were taken off post-release supervision almost immediately,” attorney Jon Getz of Muldoon & Getz said. of the decision’s impact.
Getz said Sparber also tacitly affirmed the authority of the judiciary in sentencing matters.
4. People v. Robinson,
97 NY2d 341 (2001)
The Court of Appeals held that police may lawfully stop a vehicle if the officer has probable cause to believe the driver committed a traffic violation.
The court was not persuaded by Frank Robinson’s argument that the officer’s primary motivation in stopping his vehicle was to conduct an investigation other than for a valid traffic infraction.
On appeal, attorney Abigail Everett represented Robinson and prosecutor Cheryl D. Harris represented the People.
The case ultimately made it easier for police to stop and search a vehicle in New York, Getz said.
5. McLean v. City of New York,
12 NY3d 194 (2009)
The Court of Appeals held that “[g]overnment action, if discretionary, may not be a basis for liability, while ministerial actions may be, but only if they violate a special duty owed to the plaintiff apart from any duty owed to the public in general.”
The case involved a home daycare facility in New York City. An employee of the Administration for Children’s Services incorrectly told McLean the facility was inspected routinely and there were no complaints against it. Based on those assurances, McLean enrolled her infant daughter, who fell off of a bed and suffered brain injury. Even so, the city was not liable, the court held.
Attorney John J. Appell represented McLean. Edward F. X. Hart, of counsel to the City of New York, represented the city.
Read “to its broadest extent,” the case “could give the state and government agencies virtually unlimited immunity,” Getz said.
6. Jiovon Anonymous v. City of Rochester, 2009 Slip Op 04697
The Court of Appeals affirmed an Appellate Division, Fourth Department decision striking down the City of Rochester’s youth curfew.
The case invalidated a Rochester law that minors could not be in any public place between the hours of 11 p.m. and 5 a.m. The Fourth Department and the Court of Appeals both found that the law violated the federal and state Constitutions.
The law was enacted as a means to reduce juvenile crime and prevent juveniles from becoming crime victims. But Rochester crime statistics did not support the curfew’s objective, and the curfew violated parents’ substantive due process rights, the Court of Appeals determined.
Attorney Jeffrey Eichner represented the City of Rochester and Michael Burger represented Jiovon Anonymous.
7. Cayuga Indian Nation of New York v. Cayuga County Sheriff David S. Gould, et. al, 66 AD3d 100 (2009)
Pending review by the Court of Appeals is a case involving Indian Reservations and their ability to sell untaxed cigarettes. In this case, the Appellate Division, Fourth Department reversed a lower court’s order that the Cayuga Indian Nation could not sell untaxed cigarettes on the reservation.
“It will have a major, significant impact on the relationship between the state and the various Indian nations throughout the state,” Judge Thomas Van Strydonck predicted.
Attorneys Philip Spellane and Karl L. Sleight of Harris Beach PLLC represent the Cayuga and Seneca County sheriffs. Ian Heath Gershengorn of Jenner & Block LLP and French-Alcott PLLC represent the Cayuga Indian Nation.
8. Donna Fordham-Coleman v. National Fuel Gas Distribution Corp., 42 Ad3d 106 (2007)
The Appellate Division, Fourth Department determined the defendant electric company was liable for damages after a woman froze to death because it failed to turn on her electricity. A lower court had dismissed the case and sealed the record.
9. U.S. v. Nicolo, 05-CR-6161
In this federal case, Town of Greece Appraiser John Nicolo and former Eastman Kodak Co. executive David Finnman were convicted after trial of multiple counts involving conspiracy, mail and wire fraud, and money laundering. Western District Judge David Larimer entered a judgment of $9.7 million against Nicolo, noting it was “clear and quite straightforward” that Nicolo fraudulently received millions of dollars from criminal activities over a period of years.
Chad D. Seigel of Tacopina & Seigel PC represented Nicolo, and Assistant U.S. Attorney Richard A. Resnick prosecuted the case.
10. Police shootings
Asked about the most significant cases of the decade, two longtime prosecutors, Monroe County District Attorney Michael C. Green and former U.S. Attorney Terrance Flynn both cited cases involving violence against police officers.
In People v. Rivera, Sup.Ct., Monroe County, Valentino, J. (2009), Tyquan Rivera, 15, was charged with shooting 24-year-old Rochester Police Officer Anthony DiPonzio, who suffered serious brain damage. Rivera received the maximum sentence of up to 10 years in prison on Oct. 16, 2009.
“Up until that time, we hadn’t had a [Rochester] police officer shot in a long time,” Green said.
Flynn cited the case involving the death of state Trooper Andrew Sperr, who was shot by bank robbers while on patrol in Chemung County.
“That was a sad case,” Flynn said. “That’s the one that probably, for prosecutors and law enforcement, hits hard.”
Sperr, a native of Hilton, had stopped a car for a traffic violation when two people inside opened fire. Both suspects were charged with aggravated murder and first-degree murder, and one was sentenced to life in prison without parole.
After Sperr’s shooting, state police transitioned to a larger caliber sidearm, the Glock 37 .45 GAP, according to the Officer Down Memorial Page Web site.
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