The combination of Molinari's remarks, a strong national Republican showing, and the win of George Pataki in the governor's race, led to Vacco narrowly defeating Burstein.
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Vacco brought national attention through a series of prosecutions brought against ISPs, including Dreamscape Online for distributing child pornography.
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One week before the election, Staten Island Borough President Guy Molinari announced that Burstein was not qualified to serve as attorney general because she was a lesbian.
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As Attorney General, Vacco also argued the landmark assisted suicide case Vacco v. Quill before the United States Supreme Court.
At the time, public understanding of the role of ISPs was not well understood, so New York State Attorney General Dennis Vacco believed he could end internet child pornography by shutting down local ISPs services.
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On January 1, 1995, she was appointed Solicitor General for the State of New York by Attorney General Dennis C. Vacco and served in that capacity until appointed, in September 1996, by Governor George E. Pataki to fill a vacancy in the State Supreme Court, Third Judicial District.