The Great Dissents of the NYS Court of Appeals

By Jennifer Andrus

The Great Dissents of the NYS Court of Appeals

10.31.2022

By Jennifer Andrus

judith kaye

On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State’s highest court.

The 30-minute podcast covers issue that still resonate today such as the freedom to marry, the rights of patients and the rules of police interrogations.  Bonventre says a dissenting opinion has a big impact because the judge is making a public statement in opposition to the majority opinion of the court.

“They are extremely revealing. Why? Because the dissenter is announcing to the public. ‘My colleagues are wrong  I’ve lost! I’m expending judicial capital. I am probably hurting feelings Right? I’m the loser in this case. But I’m hoping that the public, the legislature, maybe the court in the future will correct what my colleagues have done today.'”

Listen to the lively discussion and check out the full article The Great Dissents at nysba.org.

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