Monday, January 26, 2026

Echoes from the Minority: The Power of Judge Rivera’s Dissent on New York’s Highest Court

By Alessia Tumminelli
Alessia Tumminelli, a December 2025 graduate of Albany Law School, did her undergraduate work at SUNY Brockport. At the Honors College there, she earned a B.S. in Psychology with a minor in Legal Studies, graduating summa cum laude with Dean’s List recognition every semester. Her undergraduate honors thesis examined wrongful convictions in the American criminal justice system, with an emphasis on deceptive psychological tactics used by law enforcement, the fallibility of memory-reliant evidence, and the influence of socially conditioned associations on jurors and legal actors.
Alessia’s legal experience includes internships with the Monroe County Supreme Court, the Office of the Federal Public Defender, the Monroe County Public Defender’s Office, and Tumminelli Law, as well as serving as a criminal law research assistant during her first summer of law school.



This paper examines the judicial philosophy and impact of New York Court of Appeals Judge Jenny Rivera, with a particular focus on her powerful dissents. Although Rivera’s dissents may not carry the force of law with them, they nonetheless serve as powerful interventions that prioritize humanity alongside legal doctrine and challenge conventional narratives within the legal system.

Drawing from her unique professional background rooted in advocacy, public interest, and civil rights, Rivera brings a perspective to the table that contrasts with many of her colleagues whose careers were rooted in prosecution or corporate practice. By analyzing her writing style and recurring themes throughout her dissents, this paper argues that Rivera’s dissents function not only as rigorous legal reasoning, but also as an invitation for courts, scholars, and practitioners to reconsider preconditioned ideas of justice, fairness, and the voices that have been historically excluded from mainstream jurisprudence.
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To read the paper, open HERE.