Legal Opinion
MATTER OF JOHNSON v. Pataki
New York Court of Appeals
Decided December 4, 1997PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
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 review the superseder order here would be valid.
*221On March 21, 1996, pursuant to article IV, § 3 of the New York Constitution and Executive Law § 63 (2), Governor Pataki…
2Cases cited17 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Dondi v. JonesNew York Court of Appeals · 1976
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- Gaynor v. RockefellerNew York Court of Appeals · 1965
- Cunningham v. NadjariNew York Court of Appeals · 1976
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- The People v. William FlanaganNew York Court of Appeals · 2017
- E-Z Eating 41 Corp. v. H.E. Newport L.L.C.Appellate Division of the Supreme Court of the State of New York · 2011
- In Re New York City Off-Track Betting Corp.United States Bankruptcy Court, S.D. New York · 2010
- Aramis Donell Ayala, etc. v. Rick Scott, GovernorSupreme Court of Florida · 2017
23 more not listed; retrieve them via the Exa API.