An amendment of the New York State Constitution is necessary to prevent manipulation of judicial appointments by the executive branch in order to win court cases for that branch

New York State Constitution, Article VI, Section 2(e) provides that judges of the New York State Court of Appeals are appointed by the governor, with advice and consent of the Senate, from nominees recommended by the Judicial Nominating Commission.

At the same time, the Governor and his agencies appear in front of judges who the Governor nominates, as parties, which provides a unique opportunity to influence and manipulate judges deciding cases for the Executive branch of the New York State government.

Moreover, as the case of Governor Cuomo's nomination of Judge Leslie Stein shows, see here and here, the Governor can use his power to manipulate independence of judges who are about to make decisions about the Governor's agencies, by dangling in front of them nominations to higher offices with no need to run for re-election, expend the judge's own money for the re-election campaign, and with higher prestige and salaries.

If the judiciary considered it necessary to suggest an amendment of the New York State Constitution simply because they wanted to retain their benches past 70 years of age, manipulation by the Governor of judicial appointments in cases where the Governor's agencies appear in front of judges should justify an amendment to the New York State Constitution changing appointments to the New York State Court of Appeals to elections.