Under the provisions of the New York Constitution of 1894, re-apportioned in 1917, 51 Senators and 150 assemblymen were elected in single-seat districts; senators for a two-year term, assemblymen for a one-year term.

The Assembly districts were made up of contiguous area, all within the same county.

The only statewide elective office up for election was a judgeship on the New York Court of Appeals which was carried by the incumbent Democrat John F. O'Brien who was nominated by the Democrats and endorsed by the Republicans.

Assemblywoman Rhoda Fox Graves (Rep.), of Gouverneur, a former school teacher who after her marriage became active in women's organisations and politics, was re-elected, and remained the only woman legislator.

The Legislature met for the regular session at the State Capitol in Albany on January 4, 1928; and adjourned on March 22.