Each state has to define what constitutes an incapacity to discharge the duties of office. I doubt that includes busted in prostitution sting. Either way, I don't think he has time politically to save himself. It's pretty clear the New York lege has members that will go after him if he doesn't get out.
No matter how good you think Spitzer is, he's not the only one, so his loss is no great loss in the grand scheme of things. Someone as good or better will come along. Maybe Patterson is that someone -- I know very little about him legislatively.
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