Conviction of Criminal Defendant Reversed Despite Unexplained Delay in Filing Indictment

The Commission on Judicial Nomination submitted another slate of seven candidates to Gov. Kathy Hochul to consider for appointment as Chief Judge of the Court of Appeals after the Senate declined to approve the governor’s appointment of Second Department Presiding Justice Hector LaSalle earlier this year. From that slate, Gov. Hochul nominated current Court of Appeals Associate Judge Rowan D. Wilson and announced her intention to nominate Caitlin Halligan of Selendy Gay Elsberg to fill the associate judge vacancy that will be created by Judge Wilson’s elevation to chief judge. Wilson has served as an associate judge of the Court of Appeals since 2017 and, if he is confirmed by the Senate, he will be the first Black chief judge in the history of New York state. Before joining Selendy Gay as a partner, Halligan served as, inter alia, Solicitor General for the state of New York and general xounsel to the New York County District Attorney’s Office. The Senate now has 30 days in which to confirm or reject the governor’s nomination of Judge Wilson as chief judge.

In the meantime, the six-member Court of Appeals continues to hear argument and issue decisions, including a recent 4-2 decision written by Judge Wilson and joined by Acting Chief Judge Cannataro and Judges Rivera and Troutman, in which the court reversed the conviction of a criminal defendant in light of the People’s largely unexplained four-year delay in filing an indictment.