New York
High court rules ethics watchdog constitutional
ALBANY, N.Y. (AP) — New York's top court on Tuesday affirmed the constitutionality of an ethics watchdog created three years ago to stem public corruption, rejecting arguments from former Gov. Andrew Cuomo related to a $5 million book deal.
The Commission on Ethics and Lobbying in Government had been fighting for its survival after Cuomo's lawyers persuaded lower courts that the panel was given unconstitutional enforcement powers. Cuomo contended that the law creating the agency violated the separation of powers mandated under the state constitution, since enforcing ethics laws is a power that belongs to the executive branch.
The Court of Appeals sided with the commission in a 4-3 vote, reversing lower court rulings.
Judge Jenny Rivera wrote in a majority opinion that the law creating the commission gives it narrow powers to avoid having top state officials regulating their own ethics.
"Trust in government is essential to democracy because its erosion leads to apathy, disaffection, and the breakdown of civic institutions," Rivera wrote. "Given the danger of self-regulation, the Legislature and the Governor have determined that there is an urgent need for the robust, impartial enforcement of the State's ethics and lobbying laws."
The commission was formed by the Legislature and Gov. Kathy Hochul as a more independent alternative to a previous ethics panel widely criticized for being overly beholden to top government officials. It debuted in the wake of Cuomo's 2021 resignation in a sexual harassment scandal.
Cuomo was fighting an attempt by the commission that could force him to forfeit $5 million he got for writing a book about his administration's efforts during the COVID-19 pandemic. State officials claim Cuomo hadn't kept a promise not to use any state resources on the book. Cuomo denies those allegations.
A trial court judge sided with Cuomo in 2023, noting that enforcing ethics laws is a power that belongs to the executive branch, yet the governor cannot control ethics commission members, force them to explain their actions or remove them for neglecting their duties, the judge wrote. A mid-level appeals court upheld the judge's ruling in May.
Judge Michael Garcia wrote in a dissent that the law forming the commission violated constitutional "bedrock principles" requiring a separation of powers. He accused the majority of focusing on the individual powers granted to the commission under the statute and pronouncing "each, in turn, not wolf. But step back — it's not grandma; it's a wolf."
"We intend to file for reconsideration — as is our right," Cuomo spokesperson Richard Azzopardi wrote in an email, "but it is disturbing that any judge of NY's highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class."
Cuomo resigned in August 2021 after the attorney general released the results of an investigation that concluded he had sexually harassed at least 11 women. Cuomo has denied those allegations.
Nevada
Trial of suspect in killing of Tupac Shakur postponed until next year
LAS VEGAS (AP) — A Nevada judge on Tuesday postponed the murder trial of the only suspect ever charged in the 1996 killing of rap icon Tupac Shakur for nearly a year, saying she had little choice given new developments presented by his defense attorneys and the need to ensure a fair trial.
The trial of Duane "Keffe D" Davis, previously set for next month in Las Vegas, has been rescheduled for Feb. 9, 2026. The judge ordered prosecutors and the defense to return to court over the summer for a status hearing.
"It looks like there are quite a few things that are left to be done to get this case prepared so that Mr. Davis can have effective assistance of counsel," Clark County District Court Judge Carli Kierny said during a short hearing.
When asked by the judge if he was OK with moving the trial that far out, Davis agreed.
Davis' defense team filed a motion Friday seeking more time, saying critical investigative work had to be done and witnesses needed to be interviewed to ensure he gets a fair trial. The lawyers said a private investigator identified witnesses who can testify that Davis was not at the scene of the shooting.
Attorney Carl Arnold, who is leading the defense, said the case involves decades-old allegations and critical facts have yet to be fully examined.
On the night of Sept. 7, 1996, Shakur was in a BMW being driven by Death Row Records founder Marion "Suge" Knight. They were waiting at a red light when a white Cadillac pulled up next to them and gunfire erupted.
Davis, an ex-gang leader who is accused of orchestrating Shakur's killing near the Las Vegas Strip, has pleaded not guilty to first-degree murder and has been jailed since his September 2023 arrest.
Davis has acknowledged in interviews and in his tell-all memoir that he provided the gun used in the drive-by shooting and that he was in the car. But his court filings say his descriptions in recent years of orchestrating the shooting were "done for entertainment purposes and to make money."
Arnold has argued that Davis never should have been charged because of immunity agreements that Davis says he reached years ago with federal and local prosecutors while living in California.
Prosecutors disagree, saying they have strong evidence against Davis and any immunity agreement was limited.
Defense attorneys also are raising questions about the manner of Shakur's death, saying they have witness information indicating that he was in stable condition after the shooting and died suddenly after being hospitalized for a week. They want to consult medical and forensic experts to evaluate potential alternative causes of death.
High court rules ethics watchdog constitutional
ALBANY, N.Y. (AP) — New York's top court on Tuesday affirmed the constitutionality of an ethics watchdog created three years ago to stem public corruption, rejecting arguments from former Gov. Andrew Cuomo related to a $5 million book deal.
The Commission on Ethics and Lobbying in Government had been fighting for its survival after Cuomo's lawyers persuaded lower courts that the panel was given unconstitutional enforcement powers. Cuomo contended that the law creating the agency violated the separation of powers mandated under the state constitution, since enforcing ethics laws is a power that belongs to the executive branch.
The Court of Appeals sided with the commission in a 4-3 vote, reversing lower court rulings.
Judge Jenny Rivera wrote in a majority opinion that the law creating the commission gives it narrow powers to avoid having top state officials regulating their own ethics.
"Trust in government is essential to democracy because its erosion leads to apathy, disaffection, and the breakdown of civic institutions," Rivera wrote. "Given the danger of self-regulation, the Legislature and the Governor have determined that there is an urgent need for the robust, impartial enforcement of the State's ethics and lobbying laws."
The commission was formed by the Legislature and Gov. Kathy Hochul as a more independent alternative to a previous ethics panel widely criticized for being overly beholden to top government officials. It debuted in the wake of Cuomo's 2021 resignation in a sexual harassment scandal.
Cuomo was fighting an attempt by the commission that could force him to forfeit $5 million he got for writing a book about his administration's efforts during the COVID-19 pandemic. State officials claim Cuomo hadn't kept a promise not to use any state resources on the book. Cuomo denies those allegations.
A trial court judge sided with Cuomo in 2023, noting that enforcing ethics laws is a power that belongs to the executive branch, yet the governor cannot control ethics commission members, force them to explain their actions or remove them for neglecting their duties, the judge wrote. A mid-level appeals court upheld the judge's ruling in May.
Judge Michael Garcia wrote in a dissent that the law forming the commission violated constitutional "bedrock principles" requiring a separation of powers. He accused the majority of focusing on the individual powers granted to the commission under the statute and pronouncing "each, in turn, not wolf. But step back — it's not grandma; it's a wolf."
"We intend to file for reconsideration — as is our right," Cuomo spokesperson Richard Azzopardi wrote in an email, "but it is disturbing that any judge of NY's highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class."
Cuomo resigned in August 2021 after the attorney general released the results of an investigation that concluded he had sexually harassed at least 11 women. Cuomo has denied those allegations.
Nevada
Trial of suspect in killing of Tupac Shakur postponed until next year
LAS VEGAS (AP) — A Nevada judge on Tuesday postponed the murder trial of the only suspect ever charged in the 1996 killing of rap icon Tupac Shakur for nearly a year, saying she had little choice given new developments presented by his defense attorneys and the need to ensure a fair trial.
The trial of Duane "Keffe D" Davis, previously set for next month in Las Vegas, has been rescheduled for Feb. 9, 2026. The judge ordered prosecutors and the defense to return to court over the summer for a status hearing.
"It looks like there are quite a few things that are left to be done to get this case prepared so that Mr. Davis can have effective assistance of counsel," Clark County District Court Judge Carli Kierny said during a short hearing.
When asked by the judge if he was OK with moving the trial that far out, Davis agreed.
Davis' defense team filed a motion Friday seeking more time, saying critical investigative work had to be done and witnesses needed to be interviewed to ensure he gets a fair trial. The lawyers said a private investigator identified witnesses who can testify that Davis was not at the scene of the shooting.
Attorney Carl Arnold, who is leading the defense, said the case involves decades-old allegations and critical facts have yet to be fully examined.
On the night of Sept. 7, 1996, Shakur was in a BMW being driven by Death Row Records founder Marion "Suge" Knight. They were waiting at a red light when a white Cadillac pulled up next to them and gunfire erupted.
Davis, an ex-gang leader who is accused of orchestrating Shakur's killing near the Las Vegas Strip, has pleaded not guilty to first-degree murder and has been jailed since his September 2023 arrest.
Davis has acknowledged in interviews and in his tell-all memoir that he provided the gun used in the drive-by shooting and that he was in the car. But his court filings say his descriptions in recent years of orchestrating the shooting were "done for entertainment purposes and to make money."
Arnold has argued that Davis never should have been charged because of immunity agreements that Davis says he reached years ago with federal and local prosecutors while living in California.
Prosecutors disagree, saying they have strong evidence against Davis and any immunity agreement was limited.
Defense attorneys also are raising questions about the manner of Shakur's death, saying they have witness information indicating that he was in stable condition after the shooting and died suddenly after being hospitalized for a week. They want to consult medical and forensic experts to evaluate potential alternative causes of death.
