Gary Sharpe (New York)

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Gary L. Sharpe was a federal judge on the United States District Court for the Northern District of New York. He joined the court in 2004 after being nominated by President George W. Bush. He was chief judge from 2011 to 2015. He assumed senior status on January 1, 2016. His service ended on February 12, 2024, upon his death.^[1]

Biography

Education

Sharpe graduated from the University of Buffalo, New York, with his bachelor's degree in 1971 and later graduated from Cornell Law School with his J.D. degree in 1974.^[1]

Professional career

2004-2016: Judge, United States District Court for the Northern District of New York
- 2016-2024: Senior judge
- 2011-2015: Chief judge
1994-1997: Senior litigation counsel, Northern District of New York
1992-1994: Interim U.S. attorney for the Northern District of New York
1982-1992: Supervising assistant U.S. attorney, Northern District of New York
1981-1982: Special assistant attorney general, New York State Attorney General's Office
1978-1982: Adjunct professor, Binghamton University and Broome Community College
1974-1981: Senior assistant district attorney, Broome County, New York^[1]

Judicial career

Northern District of New York

Sharpe was nominated by former President George W. Bush on April 28, 2003, to a seat vacated by Judge Thomas McAvoy as McAvoy assumed senior status.^[2] Sharpe was confirmed by the U.S. Senate on January 28, 2004, and received commission on January 29, 2004.^[2] He became chief judge in 2011 and served in that capacity until 2015. He assumed senior status on January 1, 2016.^[1]

Noteworthy cases

New York 2012 primary date (2012)

On June 27, 2012, Sharpe delivered a ruling establishing the date of the New York congressional primary as June 26, 2012, 35 days prior to the deadline for sending absentee ballots overseas. New York originally intended on holding its primary early in September, but the judge found that the original primary date was too late to get up to date ballots overseas. Sharpe wrote in his opinion, "Nothing is more critical to a vibrant democratic society than citizen participation in government through the act of voting. It is unconscionable to send men and women overseas to preserve our democracy while simultaneously disenfranchising them while they are gone. To some extent, that is precisely what New York has done. Having had ample opportunity to correct the problem, it has failed to find the political will to do so." However, many have criticized the early date, claiming that it will cause problems for New York's delayed redistricting process. The presidential primary was be held separately on April 24.^[3]

Joseph Bruno case (2009)

Judge Sharpe presided in the case of former New York Senate Majority Leader Joseph Bruno. Bruno was charged with corruption in an attempt to use his public office for personal gain.

On August 21, 2009, Judge Sharpe rejected a motion from Bruno's defense team asking the grand jury indictment to be tossed out over claims that federal prosecutors were not explicit enough in its findings to indict the former Senator.^[4]

Bruno's trial began on November 2, 2009 as Bruno was tried on eight counts of federal corruption charges.^[5] The trial concluded on December 7, 2009, when a jury of seven women and five men convicted the former State Senator on two of eight corruption counts. The deliberations took at least one week.^[6]

The sentencing for the former Senate leader was originally scheduled for March 31, 2010^[6], but got delayed until May 6, 2010 on a judge's order issued on February 24, 2010.^[7] On the same day, the judge denied a request by Bruno's attorneys for a new trial.^[7] Judge Sharpe said Bruno's attorneys failed to prove evidence beyond a reasonable doubt to warrant a new trial.^[7]

Former New York Governor George Pataki made a plea to Judge Sharpe on May 4, 2010, to look at what Bruno has done during his career before rendering his sentence. Despite Pataki does not condone the actions that Bruno was convicted of, he felt that the offenses Bruno was convicted of is inconsistent with his character. Bruno's attorneys also asked the judge to not consider a prison sentence over health issues the former Senator is facing.^[8]

On May 6, 2010, Judge Sharpe sentenced former State Senator Bruno to two years in federal prison. However, Bruno will not have to report to prison immediately pending a Supreme Court of the United States decision on the honest services statute. If the Supreme Court strikes down the law which prosecutors convicted Bruno with, then his conviction would be thrown out.^[9]

External links

Footnotes

Political offices
Preceded by -	United States District Court for the Northern District of New York 2016-2024	Succeeded by -
Preceded by Thomas McAvoy	United States District Court for the Northern District of New York 2004-2016	Succeeded by Anne M. Nardacci