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Maxwell Wiley
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2028
Maxwell Wiley is an acting justice for the New York County Supreme Court, Criminal Term in the 1st Judicial District of New York. He was appointed to this position in 2004. He is also a judge of the New York Court of Claims.[1][2]
Education
Wiley received his law degree from the University of Wisconsin Law School.[1]
Career
Wiley was appointed to the New York Court of Claims in 2003 and was reappointed in 2009. Since 2004, he has served as an acting justice of the New York County Supreme Court.[1]
Noteworthy cases
Judge Wiley dismisses charges against Trump's former campaign manager
Judge Maxwell Wiley dismissed fraud charges against Paul Manafort, Donald Trump's former campaign manager.[3] Manafort had been charged in March 2019 with over a dozen felonies, including mortgage fraud.[4]
In his decision, Wiley said that the charges against Manafort were the same ones he had been tried for on an earlier date. New York law states that a person cannot be tried twice for the same crimes. “Basically, the law of double jeopardy in New York State provides a very narrow window for prosecution,” Wiley said.[3]
Cyrus R. Vance Jr., the district attorney, said he planned to challenge the decision. “We will appeal today’s decision and will continue working to ensure that Mr. Manafort is held accountable for the criminal conduct against the people of New York that is alleged in the indictment,” said a spokesman for Vance.[3]
2024 People v Daniel Penny
Wiley was the presiding judge in People v Penny, a 2024 case wherein defendant Daniel Penny was charged with one count of criminally negligent homicide and one count of manslaughter. Penny pleaded not guilty to both charges.[5]
This followed an incident involving Penny and one Jordan Neely on a New York subway train. According to witnesses, Neely had boarded the train acting erratically. Penny attempted to subdue Neely using a chokehold, resulting in Neely’s death.[5][6]
Penny’s lawyers initially lost their bid to have the case dismissed outright. In October 2024, Wiley also rejected their request to prevent jurors from hearing Penny’s statements to police, as well as body camera footage from officers who initially responded. Penny’s attorneys argued that police should have read Penny his Miranda rights sooner and that his questioning at the police station amounted to an illegal arrest. Wiley, in a written ruling, determined that Penny’s statements were admissible. The judge said Penny had waived his rights against self-incrimination in the interrogation room and willingly spoke to officers without a lawyer present.[6]
In December 2024, a Manhattan jury acquitted Penny of criminally negligent homicide. A charge of manslaughter was dismissed after the jury deadlocked.[7]
External links
Footnotes
- ↑ 1.0 1.1 1.2 New York Courts, "Official biography of the Hon. Maxwell Wiley"
- ↑ New York County Supreme Court judicial directory, Criminal Term
- ↑ 3.0 3.1 3.2 The New York Times, "State Charges Against Manafort Dismissed by Judge in New York," December 18, 2019
- ↑ The New York Times, "New York Charges Manafort With 16 Crimes. If He’s Convicted, Trump Can’t Pardon Him." March 13, 2019
- ↑ 5.0 5.1 NBC New York, “Manslaughter charge dropped as Daniel Penny jury deadlocks again. 2nd count in play" accessed December 10, 2024
- ↑ 6.0 6.1 The Associated Press, “Man charged in NYC subway chokehold death set to stand trial" accessed December 10, 2024
- ↑ The Associated Press, “Veteran Daniel Penny is acquitted in NYC subway chokehold case over Jordan Neely’s death" accessed December 10, 2024
