Makowski resigned from his seat after an investigation into tampering charges involving himself and an attorney.
State Supreme Court Justice Joseph G. Makowski resigned Friday in disgrace, and former prosecutor Anne E. Adams pleaded guilty to three misdemeanors for their roles in trying to clear her in a drunken-driving case.
"They tried to fix a case, and they got caught," District Attorney Frank A. Sedita III said.
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In his affidavit, Makowski stated he had been with Adams from 2 to 5 p. m. Sept. 2 on a professional basis. He then met with her from 5:30 to 7:15 p. m. in Shanghai Red's restaurant to talk about changes Adams was considering for a UB law school program.
While they were at the waterfront restaurant, Adams ordered two glasses of wine and a glass of water with lime, he stated.
Makowski also stated that nothing in her speech, gait or mannerisms had raised his concerns about her ability to drive that evening.
An eyewitness, however, told law enforcement officials that Adams was stumbling as she headed for her car and that the man with her was holding her to keep her from falling.
Also, Makowski said in his signed statement that, "After speaking with Ms. Adams for another five minutes, I told her I had to get on the Skyway to my mother's house. She told me she was heading to her home in Angola on the same route. I drove over the Skyway to South Buffalo with Ms. Adams' vehicle in my continuous presence."
But an eyewitness told authorities Makowski also got into Adams' car, and the two sat inside the car for about 20 minutes. Adams then pulled her convertible into another part of the Shanghai Red's restaurant parking lot, near the marina.
Makowski was trying to help Adams get out of drunk driving charges. His affidavit was found to be false when matched up with witness testimony of what actually happened.