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Irving Lehman (January 28, 1876 – September 22, 1945) was an American lawyer and politician from
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. He was Chief Judge of the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
from 1940 until his death in 1945.


Biography

He was born on January 28, 1876, in
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to Mayer Lehman (d. 1897) and Babette Newgass and raised
Jewish Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
. Future New York State governor and United States Senator
Herbert H. Lehman Herbert Henry Lehman (March 28, 1878 – December 5, 1963) was an American Democratic Party politician from New York. He served from 1933 until 1942 as the 45th governor of New York and represented New York State in the U.S. Senate from 1949 ...
was his brother. He graduated with an A.B. from Columbia College in 1896 and an LL.B. from
Columbia University Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked ...
in 1898. He was a justice of the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
from 1909 to 1923, elected in 1908 on the Democratic ticket, and re-elected in 1922 on the Democratic and Republican tickets. In 1923, he was elected on the Democratic and Republican tickets to a 14-year term on the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the 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 and confirmed by ...
, and re-elected in
1937 Events January * January 1 – Anastasio Somoza García becomes President of Nicaragua. * January 5 – Water levels begin to rise in the Ohio River in the United States, leading to the Ohio River flood of 1937, which continues into ...
. In
1939 This year also marks the start of the Second World War, the largest and deadliest conflict in human history. Events Below, the events of World War II have the "WWII" prefix. January * January 1 ** Third Reich *** Jews are forbidden to ...
, he was elected Chief Judge of the Court of Appeals on the Democratic, Republican and American Labor tickets, and remained on the bench until his death in office. In 1942 the New York Court of Appeals affirmed the convictions of the notorious Louis Buchalter and his two associates
Emanuel Weiss Emanuel "Mendy" Weiss (June 11, 1906 – March 4, 1944) was an American organized crime figure. He was an associate of the notorious Louis Buchalter and part of Buchalter's criminal organization known as Murder, Inc. during the 1930s and up ...
and Louis Capone under a sharply divided decision of the judges, who filed four opinions. The death sentences were upheld by a vote of 4–3. (People v. Buchalter, 289 N.Y. 181) However, Judge Lehman, who was also affirming the conviction of the three, expressed some doubts in the verdict and stated that the errors and defects in the case were in fact numerous. In 1943 the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
granted Buchalter's petition to review the case and in a full opinion affirmed the conviction, 7–0, with two justices abstaining. (319 U.S. 427 (1943)) Finally, Judge Lehman signed a
show cause order An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before decidin ...
in 1944 because the counsel for the trio had appeared before Governor
Thomas E. Dewey Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer, prosecutor, and politician who served as the 47th governor of New York from 1943 to 1954. He was the Republican candidate for president in 1944 and 1948: although ...
in a clemency plea, and Lehman eventually delayed the execution of the condemned men. Even so, the clemency plea was denied by Governor Dewey. On March 4, 1944, Emanuel Weiss thanked Chief Judge Lehman in his final words before being electrocuted in
Sing Sing Sing Sing Correctional Facility, formerly Ossining Correctional Facility, is a maximum-security prison operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York. It is about north of ...
.


Personal life

On June 26, 1901, he married Sissie Straus, the daughter of Nathan Straus, American merchant and philanthropist who co-owned two of New York City's biggest department stores, R.H. Macy & Company and Abraham & Straus. The couple was childless.HISTORICAL SOCIETY of the NEW YORK COURTS: "IRVING LEHMAN (1876-1945) - Court of Appeals: 1924-1945" by Henry M. Greenberg
retrieved October 28, 2015
Lehman died of a heart ailment on September 22, 1945, at his home on Ridge Street in
Port Chester, New York Port Chester is a village in the U.S. state of New York and the largest part of the town of Rye in Westchester County by population. At the 2010 U.S. census, the village of Port Chester had a population of 28,967 and was the fifth-most po ...
. Services were held at Temple Emanu El in Manhattan. He was buried at the
Cypress Hills Cemetery Cypress Hills Cemetery is non-sectarian/non-denominational cemetery corporation organized in the boroughs of Brooklyn and Queens in New York City, the first of its type in the city. The cemetery is run as a non-profit organization and is loc ...
.


References


Further reading

* Ingalls, Robert P. ''Herbert H. Lehman and New York's Little New Deal'' (1975
online


External links



Nominated to Supreme Court, with short bio, in NYT on October 19, 1908

Listing of Court of Appeals judges, with portrait (gives erroneously death date as September 21, all other sources give September 22) {{DEFAULTSORT:Lehman, Irving 1876 births 1945 deaths American people of German-Jewish descent American Reform Jews Burials at Cypress Hills Cemetery Chief Judges of the New York Court of Appeals Columbia Law School alumni Jewish American people in New York (state) politics Lehman Brothers people New York Supreme Court Justices People from Port Chester, New York Lehman family Columbia College (New York) alumni Straus family