By MATT CHANDLER
Buffalo Law Journal

Hon. Joseph Makowski announced today that he will step down after a decade as a New York State Supreme Court judge amid a probe over statements he made in an affidavit last year.

In a two-sentence resignation letter sent to 8th Judicial District Administrative Judge Hon. Sharon Townsend Feb. 20, Makowski made no mention of the reasons behind his decision to resign, and set March 5 as his last day on the job. Townsend declined to comment on the resignation.

Makowski's troubles began when he submitted an affidavit to the Town of Hamburg Court last fall in support of defense lawyer and former prosecutor Anne Adams, who faced an aggravated DWI charge stemming from a September arrest. Makowski wrote that after spending the evening at a local restaurant with Adams, it was his impression that she was not too impaired to drive. His statements contradicted those of several witnesses, including the officer who pulled Adams over. The former prosecutor had a blood-alcohol content of .19 at the time of her arrest.

Gov. David Paterson will name a replacement for Makowski. Any nominee would have to be approved by the senate and would fill the vacancy only until the election in November.