"Researchers found that 212 state judges across [NY] allowed evidence to be used that appellate courts decided was gathered unlawfully. Appellate courts overturned the decisions of nearly 100 judges more than once. More than two dozen of those judges are still on the bench in [NY] state courts."
The analysis underscores the power judges hold as they preside over cases that are sometimes rooted in questionable evidence.
Judges sometimes get flipped on appeal? Is this really a revelation? That's why we have appellate courts.
Actual codified rules of evidence would help. NY still doesn't have them, it's all common law. Virginia was the same until relatively recently and actually getting the rules codified helped a lot. Judges feel a lot more free to do things different from other judges than they do "Rule 4.2"