Associate Teaching Professor and Director of the Criminal Law Clinic Thomas Leith spoke with Newsday for the article “New NYS Court of Appeals hears more cases; prosecutors win fewer of them, data shows.” The article looks at data from the first year of the NY State Court of Appeals under Chief Judge Rowan Wilson which shows more judgments in favor of defendants.
“There’s a feeling now within the defense bar that, under Judge Wilson, you have a shot,” said Leith. “The feeling under Judge DiFiore was that your chances of winning or even getting your case to the top court were never very good.”
There is also a trend in which the court is hearing more cases under Judge Wilson. “The big uptick in cases heard under Judge Wilson is really important,” Leith said. “I think everybody should be happy that more cases are being decided” because the top court can clarify statutes and settle instances where mid-level courts issued differing opinions on a legal issue.”
The article may be behind a paywall.