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Appellate Division - Second Department
Justices of the Court
Associate Justice Steven W. Fisher
Judicial Offices

May 3, 2004 - Present -Associate Justice of the Appellate Division, Second Department

January 1, 1998- May 3, 2004 -Administrative Judge, Supreme Court
11th Judicial District

January 1, 1993 - present -Justice of the Supreme Court of the State of New York, Queens County

January 1, 1990 - December 31, 1992 -Acting Justice of the Supreme Court of the State of New York, Queens County

January 1, 1986 to December 31, 1989 -Acting Justice of the Supreme Court of the State of New York, Kings County

July 14, 1983 to December 31, 1985 -Judge of the Criminal Court of the City of New York

Other
Professional Experience

July 1979 to July 1983 -Principal Law Clerk to Hon. Milton Mollen, Presiding Justice of the Appellate Division

January 1977 to July 1979 -Founding Partner in Law Firm of Rhodes, Baker & Fisher, Esqs.

August 1972 to December 1976 -Assistant District Attorney, Kings County

Admission
to the Bar

Second Judicial Department, January 31, 1973

United States Supreme Court, January 10, 1977

United States Circuit Court of Appeals, Second Circuit, December 9, 1975

United States District Court, Eastern District of New York, May 31, 1974

Education

Brooklyn Law School, J.D., 1972, cum laude

Queens College: B.A. (Physics) 1968; Atomic Energy Commission, Fellowship

Moscow State University (USSR): Certificate, 1966

The National Judicial College (American Bar Association), Phoenix, Arizona, “Handling Capital Cases” Course, Certificate, February 1996

Publications &
Leading Cases

“THE CONTINUING PROBLEM OF JUROR EXPERTISE” - NYLJ 5/7/03 (“Outside Counsel”)

“PLEA BARGAINING IN THE SHADOW OF DEATH” - 69 FORDHAM LAW REVIEW 2313 (2001) (co-authored with Professor Joseph L. Hoffmann and Justice Marcy L. Kahn)

“PATTERN INSTRUCTIONS FOR JURORS IN CRIMINAL CASES SEEK TO EXPLAIN FUNDAMENTAL LEGAL PRINCIPLES” - NEW YORK STATE BAR ASSOCIATION JOURNAL (June 2001 - Vol. 73 - No. 5)

“IMPACT OF ‘HYNES v. TOMEI’ ON CAPITAL LITIGATION” - NYLJ 3/3/99 (“Outside Counsel”)

" 'AYALA': CLOSING THE COURT IN NARCOTICS CASES" - NYLJ 1/23/97 ("Outside Counsel")

"RE-THINKING NEW YORK'S STANDARDS FOR POLICE CONDUCT" - NYLJ 10/25/95 ("Outside Counsel")

" 'PARRIS' CHANGES FELLOW-OFFICER RULE" - NYLJ 7/18/94 ("Outside Counsel")

"RYAN: A VIEW FROM THE BENCH" - NYLJ 2/22/94 ("Outside Counsel")

"PEOPLE v. ANTOMMARCHI: A TRIAL JUDGE'S PERSPECTIVE" - NYLJ 12/10/92 ("Outside Counsel")

"A CRITICAL LOOK AT HEARSAY AT A SUPPRESSION HEARING" - NYLJ 5/5/92 ("Outside Counsel")

"CONFESSIONS IN NEW YORK: PEOPLE v. BING MARKS AN IMPORTANT CHANGE" - Queens County Bar Association Bulletin, November 1991

"DON'T SQUEEZE THAT TRIGGER" - New York Newsday 10/26/90 (Forum Section, "About Crime")

"RACIAL DISCRIMINATION IN JURY SELECTION: A BATSON UPDATE" - NYLJ 7/17/90
("Outside Counsel")

"IN NEW YORK, TOPSY-TURVY JUSTICE" - New York Times 10/6/89 (Op-Ed Page)

"BATSON v. KENTUCKY: PURPOSEFUL DISCRIMINATION IN JURY SELECTION - A TRIAL JUDGE'S PERSPECTIVE" - NYLJ 11/3/88 and NYLJ 11/4/88 ("Outside Counsel")

"FIGHTING THE INEVITABLE - AN IMPORTANT DEVELOPMENT IN THE LAW OF INEVITABLE DISCOVERY" - Kings County Criminal Bar Association Journal, June 1987

"CONFESSIONS IN NEW YORK: AN OVERVIEW" - Kings County Criminal Bar Assn. Journal, June 1986

People v. Thompson, 158 Misc.2d 397, affd 222 AD2d 156, affd 90 NY2d 615 (held that a judge who becomes incapacitated during jury trial may be replaced by another judge of coordinate jurisdiction to complete trial).

People v. Trucchio, 159 Misc.2d 523 (held that ruling of Department of Motor Vehicles on charge contained in summons is without collateral estoppel effect at suppression hearing).

People v. Davis, 161 Misc.2d 533 (held that probation revocation proceeding may be conducted without awaiting resolution of the new criminal charge upon which the violation of probation is based).

People v. Glaspie, 170 Misc.2d 828 (held that defense counsel does not render ineffective assistance by offering suggestions at a lineup to make it more fair).

City of New York v. Wiggles, 178 Misc.2d 1007 (held that a topless club violated the New York City Zoning Resolution because it devoted more than 40% of its customer-accessible floor space to adult uses).

People v. Smelefsky, 182 Misc.2d 11 (held that decision of the Court of Appeals in Matter of Hynes v. Tomei did not present an obstacle to capital defendant’s guilty plea carrying a promised sentence of life without parole).

People v. Taylor, NYLJ 7/27/01, p.20, col.5; 2001 WL 914241, 2001 N.Y. Slip Op. 40070(U) (in first-degree murder case growing out of shootings in Wendy’s restaurant, held that “heightened due process” does not apply at the grand jury stage, even in a potential capital prosecution).

People v. Taylor, 190 Misc.2d 124 (in capital first-degree murder case growing out of shootings in Wendy’s restaurant, held that twenty counts charging murders of five individuals as part of the same criminal transaction were not multiplicitous).

People v. Taylor, NYLJ 3/26/02, p.20 col.6; 2002 WL 465094, 2002 N.Y. Slip Op. 50096(U) (in capital first-degree murder case growing out of shootings in Wendy’s restaurant, held, inter alia, that the defendant’s right to counsel did not indelibly attach when his attorney on a prior unrelated case notified the police that she represented him and that he was not to be questioned).

People v. Taylor, 191 Misc.2d 672 (in capital first-degree murder case growing out of shootings in Wendy’s restaurant, held that the method of selecting grand jurors in Queens County is not unconstitutional).

People v. Taylor, 193 Misc.2d 110 (in capital first-degree murder case growing out of shootings in Wendy’s restaurant, held that considerations of “non-statutory aggravation” do not require a categorical prohibition of evidence of uncharged crimes under the traditional Molineux rule).

Matter of NYP Holdings, Inc., 196 Misc.2d 708 (held that tapes produced through electronic surveillance and submitted to grand jury that indicted Brooklyn judge would not be released to the press).

People v. Garson, 4 Misc.3d 258 (in case involving indicted Brooklyn judge, held that evidence insufficient to establish receiving reward for official misconduct).

Professional &
Civic Activities

REFORM TEMPLE OF FOREST HILLS - Member of Board of Trustees; Former Chair: Constitution Committee, Temple Security Committee, Youth Committee Nominating Committee

BRIARWOOD/JAMAICA LITTLE LEAGUE - Sponsor, Former Member of the Board of Directors; Sergeant-at-Arms; Chair, Rules Committee; Manager

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