On Jan. 12, 2022, the New York State Senate confirmed Gov. Kathy Hochul's nomination of the Hon. Shirley Troutman, and Judge Troutman took the oath of office as an Associate Judge of the Court of Appeals. Judge Troutman is the second Black woman to serve on the Court. She fills the vacancy created by Judge Eugene Fahey, who left the bench at the end of 2021 after reaching the mandatory retirement age of 70.

Prior to Judge Troutman's confirmation, in People v. Wilkins, the Court of Appeals considered whether a defendant can retroactively waive his right to be present at a sidebar conference where the trial court questions a prospective juror concerning issues of potential bias or hostility. In a majority opinion written by Chief Judge Janet DiFiore and joined by Judges Garcia, Singas and Cannatoro, the court affirmed the Appellate Division, Fourth Department's refusal to grant the defendant a new trial on the grounds that the defendant had not been present at the sidebar conference in violation of his rights pursuant to People v. Antommarchi, 80 N.Y.2d 247 (1992). The majority rejected the defendant's attempt to raise an objection on appeal where the defendant failed to object before the trial court and was present during later voir dire of the prospective juror without objection.