ALBANY, N.Y. (NEWS 10)– While New York State’s impeachment process is similar to the federal government’s, it does differ. Here in New York State, there is actually no standard of impeachable conduct.
Similar to the United States Constitution, New York State’s impeachment process begins in lower house of the legislature. Of the 150 Assemblymembers, 76 votes are needed to impeach. If that’s the case, there will then be a trial in the senate.
“So, what would happen is, that trial will be held in what’s called the Court of the Trial of Impeachment,” explained Christopher Bopst, an attorney at Wilder and Linneball. “And that consists of the New York State Senate and the 7 judges of the New York Court of Appeals, which is the state’s highest court.”
Bopst said neither Andrea Stewart-Cousins or Lieutenant Governor, Kathy Hocul, would be able to participate in the trial since they are in the line of succession.
“You would have the other 62 senators and the 7 court of appeals judges would have a trial, and ultimately you need 2/3 of those voting to convict,” said Bopst.
In the history of New York State, there has only ever been one governor impeached and convicted, and that was William Sultzer back in 1913.
However, when it comes to Governor Cuomo—if he resigns or leaves office, the lieutenant governor becomes governor, who then has the power to appoint her own lieutenant governor—- something that’s unique here in New York State.