Frank J. LaBuda is a New York Supreme Court Justice in Sullivan County, New York

Sullivan County, New York

Sullivan County is a county located in the U.S. state of New York. As of the 2010 census, the population was 77,547. The county seat is Monticello. The name is in honor of Major General John Sullivan, who was a hero in the American Revolutionary War...

. He is currently the elected Sullivan County court Judge and Surrogate and has served since 1997.

Biography

In 1967, LaBuda graduated from high school in The Bronx

The Bronx

The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...

. Three and a half years later, he graduated Phi Beta Kappa from City University

City University of New York

The City University of New York is the public university system of New York City, with its administrative offices in Yorkville in Manhattan. It is the largest urban university in the United States, consisting of 23 institutions: 11 senior colleges, six community colleges, the William E...

. He then went on to receive a J.D.

Juris Doctor

Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 from Case Western Reserve University School of Law

Case Western Reserve University School of Law

Case Western Reserve University Franklin Thomas Backus School of Law is the law school at Case Western Reserve University in Cleveland, Ohio. It opened in 1892, making it one of the oldest law schools in the country. It was one of the first schools accredited by the American Bar Association and was...

 in Cleveland, Ohio. In 1978, he became Chief Assistant District Attorney in Sullivan County, New York and stayed at that position until 1989. Subsequently, LaBuda was elected Town Justice in the Town of Mamakating

Mamakating, New York

Mamakating is a town in Sullivan County, New York, United States. The population was 11,002 at the 2000 census.The Town of Mamakating is in the southeast part of the county.- History :...

 in Sullivan County, and served four years.

LaBuda served in the Judge Advocate General's Corps, United States Army in the Gulf War

Gulf War

The Persian Gulf War , commonly referred to as simply the Gulf War, was a war waged by a U.N.-authorized coalition force from 34 nations led by the United States, against Iraq in response to Iraq's invasion and annexation of Kuwait.The war is also known under other names, such as the First Gulf...

, as a Major

Major (United States)

In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...

 in the 301st Logistical Support group. He also served in the 2003 Iraq War. LaBuda is also past President of the Wurtsboro

Wurtsboro, New York

Wurtsboro is a village located on U.S. Route 209 in the town of Mamakating in Sullivan County, New York, United States, near its junction with New York State Route 17...

 Fire Co. #1 and a past President of the Sullivan County Volunteer Fireman's Association.

People v. Carl Colberg

In Colberg, LaBuda held that that "Battered Person Syndrome

Battered person syndrome

Battered person syndrome is a physical and psychological condition that is classified as ICD-9 code "Battered person syndrome" NEC. The condition is the basis for the battered woman defense that has been used in cases of physically and psychologically abused women who have killed their abusers...

" can be used as a defense in criminal cases. Previously, "Batttered Woman's Syndrome" was the only "battered" defense available. In this case, Colberg, who allegedly had a history of alcohol and prescription drug abuse, broke down his parent's bedroom door and moved toward them in an "uncontrollable rage." His father shot and killed his son, and the defense counsel wanted to present the son's history of physical and verbal abuse toward his parents to make out a case that the shooting was justified as self-defense.

People v. Embry

Paul Embry was sentenced to a six year determinate sentence for burglary. At that time, New York hasd passed a law requiring defendants such as Embry to be given an additional term of six months post release supervision (PRS). However, in Embry's case, he was not given the PRS at his sentencing. The Department of Corrections added the PRS to his sentence when he initially began serving his prison sentence.

In another similar case, the New York Court of Appeals held that a term of PRS is invalid if is added to a sentence by DOCS. The Court of Appeals said that a sentence is only valid if is pronounced by a judicial officer, not DOCS.

Subsequent to this Court of Appeals decision, the prosecution filed a motion to have Embry resentenced to term of PRS. Embry argued that a resenticing violates his Double Jeopardy

Double jeopardy

Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...

rights.

People v. Robar

In Robar, LaBuda held that the ban on discriminatory use of peremptory challenges, first announced by the Supreme Court in Batson v. Kentucky, 476 U.S. 79 (1986), applied not only to race or gender (see J.E.B. v. Alabama, 511 U.S. 127 (1994)), but also to the discrete class of "hunters". LaBuda declared, "To systematically exclude that recognized and defined class of people in a jury trial is something that raises the court's attention under Luciano [v. New York]." In Luciano, the New York Court of Appeals defined the scope of Batson as including "race, gender or any other status that implicates equal protection concerns."