Eugene M. Fahey
[4] Fahey remained in the race as the Conservative Party candidate, but did not actively campaign, and received only a small proportion of the vote in the general election, also won by Masiello.[16] In People v Aleynikov, 31 NY3d 383 [2018], Fahey wrote for the court when it upheld a defendant's criminal conviction for uploading proprietary source code to a computer server without authorization.[17] In People v Wiggins, 31 NY3d 1 [2018], Fahey explained that a delay between a defendant's arrest and plea exceeding six years violated constitutional speedy trial protections.While it may be arguable that a chimpanzee is not a 'person,' there is no doubt that it is not merely a thing.” [19] In Williams v Beemiller, Inc. (33 NY3d 523 [2019] [dissent]), Fahey dissented from the court's decision that New York State courts cannot exercise "long arm" jurisdiction over out-of-state gun merchants who place firearms in the stream of commerce knowing that such weapons will be resold for illegal purposes in this state.[14] In Lindsay Lohan v Take-Two Interactive Software Inc et al [New York Court of Appeals (No 24, pp1-11, 29 March 2018)], Fahey found a computer game’s character “could be construed a portrait” and that “could constitute an invasion of an individual’s privacy” but, on the facts of the case, the likeness was “not sufficiently strong” because the “… artistic renderings are an indistinct, satirical representation of the style, look and persona of a modern, beach-going young woman... that is not recognizable as the plaintiff”.