The Appellate Division justices say videotape, testimony and a prison misbehavior report provide substantial evidence that Colin Ferguson threatened violence and conspired to riot.
Saturday marked 20 years since the Long Island Rail Road massacre, which left 16 people dead and more than a dozen wounded when a gunman opened fire inside a train full of passengers.
On Dec. 7, 1993, a gunman opened fire on a train car filled with commuters leaving New York City. By the time passengers tackled Colin Ferguson, his fusillade had left six people dead and 19 wounded.
Former Nassau County District Attorney Denis Dillon, who in more than three decades on the job prosecuted Long Island Lolita Amy Fisher and the gunman in the 1993 Long Island Rail Road massacre, has died.