2. For the second time in 8 months, it ruled that former Gov. George Pataki erred when he invoked a provision in the state’s mental hygiene law to keep sex offenders locked up even after they’ve completed their criminal sentences. However, in the interim, Gov. Spitzer and lawmakers have enacted a law that provides for so-called ``civil confinement.’’

3. It threw out the conviction of a Binghamton-area Boy Scout leader accused of ``forcibly touching’’ a teenage boy he had taken into his home. Essentially, the court said the local DA had used such a broad, vague time range to describe the alleged acts that it undermined Stephen Sedlock’s ability to present a defense.

The prime sponsor is a freshman, Sen. Joe Griffo, R-Rome, but the measures have the blessing of Senate Majority Leader Joe Bruno, who has served in his post for 13 years.

When the bills were introduced in April, the 78-year-old Bruno acknowledged such a change wouldn’t impact him: ``Term limits doesn’t mean much to me at this stage of my life. So it’s not hard to say `sure.’‘’

Bruno’s counterpart, Assembly Speaker Sheldon Silver, D-Manhattan, has expressed no interest in either bill.

In a roughly 45-minute address and a follow up Q-and-A period, the judge did not make news. But he kept the crowd of about 100 entertained with his explanation of why the Constitution revolves around one word: democracy. He used two case examples—his vote to say government can regulate campaign contributions and his vote to protect affirmative action programs.

In fact, Senate Majority Leader Bruno, R-Rensselaer County, again was critical of the governor when asked how things were going. Asked if the governor has, in Bruno’s view, sufficiently pushed the Democrat-led Assembly on key issues, the senator said: ``No. I haven’t seen it.’’

Assembly Speaker Silver, D-Manhattan, said the two houses will probably have to go to conference committees (a bipartisan panel of Senate and Assembly members) if they are to resolve their differences on a DNA crime database bill. The Assembly wants to allow criminal defendants more access to DNA evidence than Bruno or Spitzer.

The tribe would give up its claim to 64,000 acres in Seneca and Cayuga counties and instead take just 10,000 acres. The two counties would get up to $15.3 million annually as a share of revenue from the casino.

The proposal must obtain approvals from both counties, the federal government and Gov. Eliot Spitzer and the state Legislature. If all that goes smoothly and quickly, a lawyer for the Cayugas said the casino could be up and running in two years.

Take your pick of what’s the most intriguing finding:

In an unrelated note, two weeks ago hundreds of bikers jammed downtown Rochester to protest the acquittal of a former Monroe County sheriff’s deputy on manslaughter charges in the death of a local biker. The deputy was convicted of two DWI-related misdemeanors.

A former court clerk in Syracuse alleged she was ousted because she refused to participate in a conspiracy to discredit a judicial candidate.

U.S. Supreme Court Justice Stephen Breyer will deliver a lecture at the Court of Appeals in Albany.

The tribe said it won’t harass motorists but will bill the state beginning Friday. It said it would erect signs notifying drivers they are entering Indian territory and alerting them to the fee.

The action comes in the wake of Gov. Eliot Spitzer saying he wants to enforce a law that says tribes must collect sales taxes on gasoline, cigarettes and other goods sold on reservations to non-Indians.

New York Mayor Michael Bloomberg didn’t wait for the question to be asked at a news conference this afternoon. He jumped right in, cutting off the political speculation, while answering a question about his plan for congestion pricing cars entering NYC.

Bloomberg was giving his assessment of his meetings today with legislators and whether Albany sounded amenable to the plan.

``Given that I have 965 days left on the job (pause) ... and I am not running for governor and I am not running for president,’’ Bloomberg began. Later when pressed about Senate Majority Leader Joseph Bruno touting Bloomberg as gubernatorial material, the mayor said: ``I think Senator Bruno was joking about it. I am not running for governor. Never—I have the greatest job in the world …’’

 SPITZER:

 —Campaign-finance reform.

 —Overhaul and shrink public authorities.

 —Streamlined guidelines for siting and building power plants.

 —Wicks Law reform (public construction contracts).

 —Restrictions on violent video games.

   —Money to expand Sematech, the computer-chip manufacturer consortium facility in Albany.

 —A ``healthy schools’’ act to improve nutrition.

  —New crackdown and penalties for human trafficking.

 —Wider use of DNA database and DNA evidence by law enforcement and defense attorneys.

  

SEN. JOE BRUNO, R-Brunswick.

  —Death penalty for cop killers.

 —Billions of dollars for capital projects around the state.

 —Property-tax rebates for senior citizens.

 —High-speed rail.

  —Broadband Internet access for underserved upstate areas.

  —A new operator for the state’s 3 thoroughbred horse racing tracks.

  —New laws for redeveloping ``brownfields.’’

  —Revisit ramifications of hospital closing commission.

   ASSEMBLY SPEAKER SHELDON SILVER, D-Manhattan.

  —Reform of the ``Empire Zones’’ tax-break program.

  —Renewal of ``Power for Jobs’’ tax-break program.

  —Further gun restrictions.

  —Loft law renewal (for NYC).

  SEN. MALCOLM SMITH, D-Queens.

  —Renewal of ``Mitchell-Lama’’ affordable housing program.

  —Crackdown on predatory lending.

  —Strengthen abortion rights.

   ASSEMBLYMAN JIM TEDISCO, R-Schenectady.

  —Streamline guidelines for siting and building power plants.

  —Create ``alternative fuel fund’’ to encourage new power sources.

  —Cap school spending.

   —Death penalty for cop killers.

   —Provide planning experts and financial incentives for local government consolidation.

   —A new ``chronic criminal’’ act. 

  

But it is very significant. And it means the intense targeting of GOP incumbents on Long Island and in Rochester in the next round of elections.

For years, the National Abortion Rights Action League and other groups have been on friendly-if-not-cozy terms with Senate Republicans because some of its more liberal members (especially Nick Spano of Yonkers) had the clout in the GOP-controlled chamber to get some bills through.

But Spano lost last fall. And Democrats won a special election to fill a Long Island vacny in February, cutting the GOP’s edge in the Senate to 33-29—putting the majority in question for the 2008 elections. Further, from NARAL’s view, no Republican has picked up the reins from Spano.

So now, NARAL and other abortion-rights groups are flocking to the Senate Democrats—and will target Republicans in Democratic-leaning districts. The immediate list: Kemp Hannon, Carl Marcellino and Cesar Trunzo of Long Island and Joe Robach whose districts covers the bulk of Rochester and some of its suburbs.

``We intend to have their offices flooded with phone calls, asking where does the senator stand?’’ said Kelli Conlin, director of NARAL’s N.Y. chapter.

 Asked when was the last time NARAL stood up with Senate Democrats at a news conference, Conlin said ``um’’ a couple of times, searched around with her eyes and replied: ``I can’t recall.’‘

The state Senate will pass a bill today to reschedule the contests to the third Tuesday of September, rather than the customary second Tuesday, for this year only, making primary day Sept. 18. Assembly Speaker Sheldon Silver has already introduced a similar measure in his house, making its approval appear certain. Here is what Senate Majority Leader Joseph Bruno had to say:

  “The New York State primaries are an important symbol of the democratic process which was attacked on that horrible day. However it would be unfitting to hold any event which would distract from the mourning process we undergo each year in honor of those who gave their
lives on 9/11.’‘

The Republican-led state Senate is scheduled to vote on such a bill sometime this week—maybe later today. A group that included the brother of the Unabomber, the son of a 9/11 victim, the mother of a murder victim and a Catholic bishop led a press conference against the bill.

Deskovic, as you recall, was a 16-year-old Peekskill High student when he was convicted for a 1989 rape and murder of a classmate. His DNA didn’t match that found on the victim, but he wasn’t released until 2006. Just last Wednesday, the real killer was sentenced for the crime.

Deskovic spent his time at the mic talking about the consequences of wrongful convictions and the lack of protections.

``What kind of message is it sending to say don’t care if innocent people are executed,’’ said the 34-year-old who now lives in Dobbs Ferry. 

A handful of Democrats today introduced a series of bills to make it easier for convicted criminals to use DNA evidence to try to prove their innocence.

Among the measures, one would force the state to test DNA evidence even if the defendant pleaded guilty in the case (as opposed to being convicted by a jury). Some judges have interpreted the law to deny access to DNA in plea-bargained cases, activists say.

Others would increase standards for evidence preservation. Joining the legislators was Barry Scheck, co-director of the Innoncence Project. The news conference was held at a NYPD storage facility in Queens, which has come under scrutiny.

In the first case,  People v. Arthur Bryant, the Court of Appeals vacated Bryant’s guilty plea and ordered him a new trial because lower courts unfairly quashed his attempt to suppress a witness’s statement against him. Bryant, accused of stabbing a man to death in 2003, was told that a witness identified him from a photograph.

His lawyer had asked for a hearing to determine, essentially, the credibility of the witness. A county court denied the motion and he eventually agreed to a plea bargain. This was the second time this week the Court of Appeals has ordered a new trial for a criminal defendant. In the previous case, it said a court improperly dismissed a juror.

In the adoption case, Ross v. Louise Wise Services, Arthur Ross and his wife said the agency lied about the family history of a boy they adopted in 1961. According to court documents, the Rosses claimed Louise Wise knew the history of “Anthony,’’ but misrepresented it and concealed it from them until 1999 “despite the agency’s knowledge of Anthony’s increasing mental and emotional problems, his descent into schizophrenia and the break-up of the Rosses’ marriage and careers.’’

The court ruled the Rosses could sue only for compensatory damages, essentially the out of pocket costs for raising Anthony until age 21. They cannot sue for punitive damages. Further, the court dismissed claims of negligence and breach of fiduciary duty, ruling that the statutes of limitations had expired.

Greg Ball, R-Carmel: No.

Adam Bradley, D-White Plains: (absent, excused).

Richard Brodsky, D-Greenburgh: yes.

Nancy Calhoun, R-Blooming Grove: no.

Sandra Galef, D-Ossining: yes.

Ellen Jaffee, D-Suffern: yes.

George Latimer, D-Rye: yes.

Amy Paulin, D-Scarsdale: (absent, excused).

James Gary Pretlow, D-Mt. Vernon: yes.

Annie Rabbitt, R-Greenwood Lake: no.

Mike Spano, R-Yonkers: yes.

The resolution passed, 94-34.

The case, People v. Alfonso Dukes, centered on the Schenectady resident’s appeal of reckless endangerment charges for allegedly firing two shots at a man romantically involved with his girlfriend. But the legal issue for the Court of Appeals hinged on whether a local court properly dismissed a juror who said she may have worked with the other man, Marcel Davis, at a nursing center for a time and might have heard that Davis in an incident ``involving a gun.’’ The juror told the Schenectady judge, however, she was ``100 percent sure’’ she could be impartial.

The high court said the dismissal of the juror was improper—a serious enough error to order Dukes a new trial. In a 7-0 decision, the court said: “The (Schenectady) court failed to determine that juror number three was grossly unqualified—or indeed, unqualified at all.”

Democrats were on board Friday. But backed out Monday—Republicans said they were bullied by Gov. Spitzer—saying any deal had to include a campaign-finance overhaul.

``What did we find out? You can’t be trusted,’’ Sen. Bill Larkin, R-New Windsor, Orange County. ``You’re saying: we have no self-respect. I will do what the governor wants.’’

  ``Don’t be mice!’’ said Sen. Dean Skelos, R-Long Island.

  In a humorous moment, one Democrat said he was voting no—but was not sure why. Sen. Martin Connor, D-Brooklyn, left the impression he was asked (or told) to vote no, even though he didn’t want to.

``I can’t explain it,’’ Connor said. ``I look around the room and I think my boyhood dream came true. At age 10, I wanted to run away and join the circus …”

Without naming anyone specifically, Spitzer, a death penalty supporter, criticized their timing:
“There are a lot of politicians who I think, in almost a grotesque example of playing politics with a horrific event, seize an event like this to start putting out press releases. That’s wrong.�

Those remarks came after an event at an Albany middle school. Later, at ``Law Day’’ at the Court of Appeals, the governor added: ``I don’t like to link (the) debate to an individual incident.”

The Democrat-led chamber is supposed to take up the resolution early in the session, which is set to begin at 3 p.m. No word yet on how Republicans will react.

Rochester-area Sen. Joe Robach will serve as emcee for the event at the local branch of Jillian’s, about three blocks down the hill from the Capitol. Besides contestants, there will be a performance of the ``Budget Blues Boys,’’ a recurring Assembly ensemble which these days include Richard Brodsky, D-Westchester, Bill Parment, D-North Harmony, Joe Saladino, R-Massapequa, and Dennis Gabryszak, D-Cheektowaga.

Benefits for the May 29 extravaganza will go to an Alzheimer’s association and a children’s fund.

The Senate majority leader says apparently there won’t be an agreement (today, maybe longer) on a campaign finance overhaul.

``While we made significant progress on a number of fronts, we could not reach a resolution or agreement on a proposal,’’ said Bruno, R-Brunswick, Rensselaer County, in a statement. ``The governor’s campaign finance proposal would ensure that only the wealthy and elite could compete in our electoral process and ensure that millionaires who self-finance their campaigns would have (a) built-in advantage over others seeking office.’‘

The measure was prompted by the death this year of Jonathan Carey, a 13-year-old who was in care at a state-run facility in Schenectady. His parents say they were routinely denied access to Jonathan’s records at various facilities. The bill’s sponsor is Sen. Tom Morahan, R-New City, Rockland County, who has a 22-year-old granddaughter living in a developmental center in Sullivan County. 

The Assembly appears poised to back the measure also. But it’s unclear whether Gov. Spitzer will. Earlier this year, administration officials expressed a concern about workers’ privacy and about the possible chilling effect on reporting incidents of abuse.

 The probe was triggered by allegations by rank-and-file troopers that top brass botched the manhunt.

Politics. More specifically, the lack of Republican in the GOP-controlled Senate meant that Westchester effectively was bypassed while other New York metro counties gobbled up large chunks of supplementary aid. For instance, more->

Nassau County, which ranked No. 2 on the national tax survey, got $31 million in ``high-tax aid’’ for its schools. Suffolk got $39.5 million. Westchester got $1.6 million.

That paled in comparison to even some neighboring, less-populated counties: Putnam ($2.5 million), Orange ($10 million) Dutchess ($4 million). (Rockland received $922,000).

Legislators, even Democrats, said it was clear that when Westchester’s lone Republican seantor, Nick Spano of Yonkers, lost last year to Andrea Stewart Cousins the county lost clout in the partisan Senate.

``I think it’s fair to say that when you look at where the `high-tax aid’ went … that having a Republican senator was tremendously important,’’ said Assemblyman Adam Bradley, D-White Plains.

The entire Westcheser Assembly delegation voted against the education portion of the budget. The Democrats fired off a letter to Gov. Spitzer asking for a meeting to discuss ``immediate remedies’’ to what they called a ``bizarre and unfair outcome.’‘