Steven W. Fisher
Encyclopedia
Steven William Fisher was an American attorney who served on the New York Supreme Court, Appellate Division
and had presided over the trial in the Wendy's massacre
while serving on New York State Supreme Court in which the defendant was the last to be assessed the death penalty
.
Fisher was born in Manhattan
on May 19, 1946, and attended Stuyvesant High School
. Encouraged by his father to pursue a career in engineering, Fisher attended Queens College, City University of New York
, graduating in 1968 with a degree in physics
. With the aid of a scholarship from the United States Atomic Energy Commission
, he earned a degree in nuclear engineering
from the University of Florida
. Arriving at the conclusion that he was not set out for a career as an engineer, he enrolled at Brooklyn Law School
, and recalled that "I knew I was home" from the moment that he attended his first class.
After graduating from law school, Fisher worked in Brooklyn
for four years as an assistant district attorney before going to practice on his own at the firm of Rhodes, Baker & Fisher. Starting in 1979, he spent four years as a law clerk
for Judge Milton Mollen of the Second Department. He was appointed to serve on New York City Criminal Court
by Mayor Ed Koch
in 1983 and was elected to New York State Supreme Court in 1993. In 2004, Governor of New York
George Pataki
appointed him to serve on the Appellate Division, where he served until his death.
In the case of People v. Taylor, Fisher presided over the trial of John B. Taylor, who was charged with the first degree murder of five employees at a Wendy's
restaurant in Queens that became known as the "Wendy's massacre". Fisher instructed the jury that he would most likely sentence Taylor to a sentence of 175 years in prison if the jury did not return a unanimous verdict on the death penalty. The jury convicted Taylor of murder and Fisher became the last New York State court judge to assess the death penalty after the New York Court of Appeals
ended the imposition of capital punishment in New York in 2004, ruling in Taylor's appeal that "The death penalty statute is unconstitutional on its face, and it is not within our power to save the statute."
A resident of Queens
, New York
, Fisher died due to cancer
at his home there at the age of 64 on December 18, 2010. He was survived by his wife, Judy, as well as by a daughter, a son and three grandchildren.
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
and had presided over the trial in the Wendy's massacre
Wendy's Massacre
The Wendy's Massacre was a shooting spree that took place in a Wendy's fast-food restaurant at 40-12 Main Street in Flushing, Queens, New York City, New York, on May 24, 2000.-Robbery and killing of employees:...
while serving on New York State Supreme Court in which the defendant was the last to be assessed the death penalty
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
.
Fisher was born in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
on May 19, 1946, and attended Stuyvesant High School
Stuyvesant High School
Stuyvesant High School , commonly referred to as Stuy , is a New York City public high school that specializes in mathematics and science. The school opened in 1904 on Manhattan's East Side and moved to a new building in Battery Park City in 1992. Stuyvesant is noted for its strong academic...
. Encouraged by his father to pursue a career in engineering, Fisher attended Queens College, City University of New York
Queens College, City University of New York
Queens College, located in Flushing, Queens, New York City, is one of the senior colleges of the City University of New York. It is also the fifth oldest of the City University's twenty-three institutions of higher learning. The college's seventy seven acre campus is located in the heart of the...
, graduating in 1968 with a degree in physics
Physics
Physics is a natural science that involves the study of matter and its motion through spacetime, along with related concepts such as energy and force. More broadly, it is the general analysis of nature, conducted in order to understand how the universe behaves.Physics is one of the oldest academic...
. With the aid of a scholarship from the United States Atomic Energy Commission
United States Atomic Energy Commission
The United States Atomic Energy Commission was an agency of the United States government established after World War II by Congress to foster and control the peace time development of atomic science and technology. President Harry S...
, he earned a degree in nuclear engineering
Nuclear engineering
Nuclear engineering is the branch of engineering concerned with the application of the breakdown as well as the fusion of atomic nuclei and/or the application of other sub-atomic physics, based on the principles of nuclear physics...
from the University of Florida
University of Florida
The University of Florida is an American public land-grant, sea-grant, and space-grant research university located on a campus in Gainesville, Florida. The university traces its historical origins to 1853, and has operated continuously on its present Gainesville campus since September 1906...
. Arriving at the conclusion that he was not set out for a career as an engineer, he enrolled at Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
, and recalled that "I knew I was home" from the moment that he attended his first class.
After graduating from law school, Fisher worked in Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
for four years as an assistant district attorney before going to practice on his own at the firm of Rhodes, Baker & Fisher. Starting in 1979, he spent four years as a law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
for Judge Milton Mollen of the Second Department. He was appointed to serve on New York City Criminal Court
New York City Criminal Court
The New York City Criminal Court is the general term describing the entry-level court for criminal cases in the five boroughs of New York City....
by Mayor Ed Koch
Ed Koch
Edward Irving "Ed" Koch is an American lawyer, politician, and political commentator. He served in the United States House of Representatives from 1969 to 1977 and three terms as mayor of New York City from 1978 to 1989...
in 1983 and was elected to New York State Supreme Court in 1993. In 2004, Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...
appointed him to serve on the Appellate Division, where he served until his death.
In the case of People v. Taylor, Fisher presided over the trial of John B. Taylor, who was charged with the first degree murder of five employees at a Wendy's
Wendy's
Wendy's is an international fast food chain restaurant founded by Dave Thomas on November 15, 1969, in Columbus, Ohio, United States. The company decided to move its headquarters to Dublin, Ohio, on January 29, 2006. It has been owned by Triarc since 2008...
restaurant in Queens that became known as the "Wendy's massacre". Fisher instructed the jury that he would most likely sentence Taylor to a sentence of 175 years in prison if the jury did not return a unanimous verdict on the death penalty. The jury convicted Taylor of murder and Fisher became the last New York State court judge to assess the death penalty after the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
ended the imposition of capital punishment in New York in 2004, ruling in Taylor's appeal that "The death penalty statute is unconstitutional on its face, and it is not within our power to save the statute."
A resident of Queens
Queens
Queens is the easternmost of the five boroughs of New York City. The largest borough in area and the second-largest in population, it is coextensive with Queens County, an administrative division of New York state, in the United States....
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Fisher died due to cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
at his home there at the age of 64 on December 18, 2010. He was survived by his wife, Judy, as well as by a daughter, a son and three grandchildren.