nysacdl.org

NY Criminal Bar Association Annual Meeting Special Opportunity for NYSACDL members

Staff NYSACDL — Thu, 04 Apr 2013 16:51:10 +0000

Special Opportunity for NYSACDL Members:

New York Criminal Bar Association
Annual Meeting and
Second Circuit Update
Presented by Richard Ware Levitt
Thursday, April 11, 2013 @ 5:30 p.m.
Ceremonial Courtroom, 500 Pearl Street, 9th Floor, New York, NY
NYSACDL MEMBERS ARE INVITED TO ATTEND THIS EVENT FREE OF CHARGE
The New York Criminal Bar Association invites the members of NYSACDL to its annual meeting, which will take place next week, on Thursday, April 11, 2013, at 5:30 p.m., at the Ceremonial Courtroom on the 9th Floor (Worth St. entrance) of 500 Pearl Street (U.S. Courthouse). As it does every year, the New York Criminal Bar Association’s annual meeting will include a presentation by Richard Ware Levitt of his annual Second Circuit Update CLE. The CLE is free to New York Criminal Bar members, as well as to members of the Legal Aid Society and the Federal Defenders. This year, members of NYSACDL are invited to attend for free as well.

NYSACDL thanks
Michael K. Bachrach
President, New York Criminal Bar Association
for making this excellent opportunity available to NYSACDL members.

Accountability for Prosecutors who violate Brady

Staff NYSACDL — Wed, 03 Apr 2013 22:28:15 +0000

Prosecutorial misconduct, particularly in the form of failing to disclose favorable information to the defense, is a leading cause of wrongful convictions. Yet, despite reversals of convictions, admonitions, even excoriation by appellate courts, seldom is the individual prosecutor or the office held accountable. Former NYSACDL president joins the dialogue arguing that public disclosure of prosecutorial wrongdoing and sanctions are needed to help deter future misconduct. ”We understand the need to protect attorneys from scurrilous complaints, of course, but we don’t think these rules should apply to public officials like judges or prosecutors,” Willstatter said. “If the information is brought to the attention of the public, then it is more likely that there will be pressure to make the system fairer.” Read further in ProPublica: Who Polices Prosecutors Who Abuse Their Authority? Usually Nobody

Queens DA’s Interrogation Program Violates Miranda

Staff NYSACDL — Mon, 04 Feb 2013 17:46:35 +0000

January 30, 2013 – In an appeal challenging the Queens District Attorney’s practice of interviewing arrestees immediately prior to arraignment, a panel of the Appellate Division, 2d Department ruled that a video-taped statement obtained in one such interview should have been suppressed. People v. Jermaine Dunbar, 2010-04786. Specifically, the Court found that the “preamble” read to the arrested individual prior to advising him of his Miranda warnings obfuscates the meaning of those warnings and prevents them from effectively conveying to the arrestee in unequivocal terms his constitutional rights. Under the program, which NYSACDL has opposed, an assistant district attorney routinely interviews arrestees immediately prior to arraignment – i.e., before the right to counsel indelibly attaches. The person is read a “preamble” informing him or her that this is the opportunity to divulge any information which may help him such as alibi. The person is told, among other things, ” [I]f there is something you need us to investigate about this case you have to tell us now so we can look into it.” After the preamble is read, the arrestee is then read his Miranda warnings. The Court found this preamble undermined the efficacy of the Miranda warnings and required suppression of the video-taped statement. The error was not harmless; reversal of the conviction was required. Because the Court decided the matter on constitutional grounds, it did not reach the ethical questions which the program raises. NYSACDL joined the ACLU, the New York Civil Liberties Union, the New York State Defenders Association and others as amici curiae.

NYSACDL Foundation Annual Dinner and Awards Ceremony

Staff NYSACDL — Fri, 01 Feb 2013 21:39:23 +0000

The NYSACDL Foundation Annual Dinner and Awards Ceremony was held on January 24, 2013 at the Prince George Ballroom in Manhattan. A capacity crowd was on hand as Benjamin Ostrer was sworn in as NYSACDL’s 26th President and as we honored Judge Jeffrey Berry, Susan Necheles, and Ken Burns, Sarah Burns and David McMahon. Read more information and view the 2013 Dinner Journal.

NYSACDL Opposes Mandatory Minimums

Staff NYSACDL — Mon, 24 Dec 2012 17:04:35 +0000

The national debate on mandatory minimum sentences, often imposed on non-violent, first time drug offenders was brought to the fore in a recent New York Times Article, For Lesser Crimes, Rethinking Life Behind Bars, NYT, 12/11/2012, John Tierney. NYSACDL continues to oppose these sentences as unjust as explained by NYSACDL President Richard Willstatter in his Letter to the Editor:

To the Editor:

Laws requiring mandatory minimum periods of imprisonment, a result of politicians’ wish to appear tough on crime, often result in unfair and unduly harsh sentences.

Across our country, people are serving lengthy sentences that are altogether disproportionate to their crimes and circumstances. The judiciary should have the responsibility of weighing the goals of sentencing to find the length of imprisonment that is just and appropriate for individual offenders.

While there have been some reforms, mandatory minimum sentences often cause the imprisonment of offenders for far longer than is sufficient or necessary. Taxpayers bear some of the financial costs, but the offenders, their families and their communities also suffer under the weight of these unjust laws.

RICHARD D. WILLSTATTER

President, New York State Association

of Criminal Defense Lawyers

White Plains, Dec. 12, 2012

Additional Letters to the New York Times on the topic

New York Court of Appeals Judge Theodore Jones Jr Memorial

Staff NYSACDL — Mon, 19 Nov 2012 21:40:11 +0000

It is with sadness that we observe the passing of Judge Jones, New York Court of Appeals Judge, a Brooklyn native who was appointed to the Court in 2007 by former governor Elliot Spitzer. Judge Jones was a criminal defense attorney with The Legal Aid Society and then in private practice before being elected to New York State Supreme Court in Brooklyn. He was known and respected for his courage, his fairness, and his intellect. NYSACDL President Richard Willstatter describes Judge Jones as “courageous and unafraid to vindicate defendants’ rights, but also very collegial and thoughtful. This is a very sad time for the bench and the bar in New York, and we have to look to the governor to try to find somebody who could be his equal, but it will be tough,” he said. NY Court of Appeals Judge Jones dies at 68, Thomson Reuters News & Insights.

Those wishing to may make contributions to a fund established at St. John’s Law School to honor Judge Jones:

THe Judge Theodore Jones, Jr. Memorial Fund

St. Johns School of Law

8000 Utopia Parkway

Queens, NY 11439

Additional information on the Memorial Fund is available on the St. John’s website

NACDL 8th Annual White Collar Crime Seminar November 15-16

Staff NYSACDL — Wed, 14 Nov 2012 18:41:30 +0000

The National Association of Criminal Defense Lawyers presents it’s 8th Annual White Collar Crime Seminar November 15- 16, 2012 at Fordham Law School in Manhattan. The Seminar, produced in partnership by NACDL and the Louis Stein Center for Law & Ethics, Fordham University Law School, is the nation’s premiere White Collar CLE program for networking and getting the inside scoop on the biggest, most current cases we are facing today. Many of the panels will have participants from the government as well as the defense bar and the judiciary. This is an excellent opportunity for practitioners to keep up with the increasing complexity of the issues and handling intense press coverage by sharing experiences with each other.

NEW YORK LAWYERS RECEIVE REDUCED RATES FOR NEW YORK LAWYERS!

FACULTY – renouned criminal defense practitioners from across the nation
AGENDA
REGISTER - NOTE DISCOUNTED RATE FOR NEW YORK LAWYERS!
SCHOLARSHIP INFORMATION FOR NACDL MEMBERS

Cross To Kill Seminar a Big Success

Staff NYSACDL — Mon, 12 Nov 2012 18:40:11 +0000

Buffalo, New York – NYSACDL’s Cross To Kill Seminar was held on November 9, 2012 and featured an all-star cast of international criminal defense trial attorneys who gave dynamic presentations to the more than 100 criminal defense lawyers in attendance.

In welcoming the lawyers present, NYSACDL President Richard D. Willstatter pointed to NYSACDL’s response to the Erie County District Attorney’s recent intemperate op-ed column in the Buffalo News and urged those who were not members to join the Association as we continue to press for discovery reform and other important criminal justice initiatives.

Benjamin Brafman

John Rosen

Benjamin Brafman of Manhattan, recently in the news for his defense of Dominique Strauss-Kahn and Plaxico Burress, among others, presented on cross examining cooperating witnesses.

John Rosen of Toronto who has defended the most murder trials in Ontario’s history, including serial killer Paul Bernardo, gave insights into trying difficult cases.

Richard Convertino

Richard Convertino, a tough former federal prosecutor from Detroit, demonstrated how he successfully mounted a defense pro bono and obtained a not guilty by reason of insanity verdict for an indigent woman accused of murdering her baby. Mr. Convertino showed those in attendance the means by which he dismantled a prosecution psychologist’s opinion evidence.

Terrence Connors

Terrence Connors, partner in the Buffalo firm of Connors & Vilardo, LLP, gave a terrific lecture on the cross-examination of expert witnesses.

And Samuel E. Adam, Jr. of Chicago reviewed his successful trial techniques including events from his defense of former Illinois Governor Rod Blagojevich.

Tim Hoover, Samuel Adam, Jr., and Jim Grable

NYSACDL thanks our generous Sponsors:

PETER M. VITO & ASSOCIATES, LLP

a private investigation firm licensed in New York State and the Commonwealth of Pennsylvania

DOPKINS & COMPANY, LLP,

Certified Public Accountants and Consultants

LEXISNEXIS

and

AVALON DOCUMENT SERVICES

NYSACDL Directors Timothy Hoover of Phillips Lytle, LLP and James W. Grable, Jr. of Connors & Vilardo, LLP developed the program together and joined in the panel discussion along NYSACDL Vice President Andre Vitale of the Monroe County Public Defender’s Office in Rochester.

The Central Park Five

Staff NYSACDL — Tue, 30 Oct 2012 17:56:24 +0000

Set to be released in November, the Central Park Five, a documentary by Ken Burns, daughter Sarah Burns, and her husband David McMahon, revisits not only a horrendous crime, prosecution and wrongful conviction of 5 teens, but also the “civic turmoil of the period and the symbolic role that the young suspects played.” When Mass Hysteria Convicted 5 Teenagers, Brent Staples, NYT October 27, 2012 Editorial. The controversy surrounding the case continues as the young men, all of whom served their time before finally being exonerated after the true perpetrator – a serial rapist who had committed similar crimes – finally came forward, are suing New York City for the wrongful convictions. NYSACDL will honor filmmakers Ken and Sarah Burns and David McMahon with the Justice Through the Arts Award at the NYSACDL Foundation Annual Dinner on January 24, 2013.

Domestic Violence Bill Becomes Law

Staff NYSACDL — Tue, 30 Oct 2012 17:25:43 +0000

October 25, 2012: Governor Cuomo signed into law a domestic violence bill: chapter 491 (S.7638/A.10624). Among other things, the law creates a new domestic Violence Court serving parolees in the 5 boroughs of New York City with the goals of victim safety (particularly for children), and monitoring and accountability of offenders/parolees. The specialized court is a joint initiative of the NYS Board of Parole and Department of Corrections and Community Supervision. Two Administrative Law Judges will hear domestic violence cases and provide judicial oversight through the parole violation process. Parole revocation specialists will work with victim advocates and other law enforcement agencies to contact the victim quickly after the incident, develop a safety plan for the victim(s) and coordinate treatment services.

Part D of the bill includes the following:

Second-degree aggravated harassment (PL 240.30): adds a new subdivision 4- effective 12/24/2012
CPL 510.30(2)(a): adds new criteria for bail in family offense matters- effective 12/24/2012
Aggravated family offense (PL 240.75): new offense [class E felony]- effective 1/23/2013
New CPL 200.63: special information for the charge of aggravated family offense- effective 1/23/2013

Governor Cuomo’s Press Release describes the reasoning behind the move to strengthen New York’s domestic violence laws.

More information including a summary of Part D can be found in NYSDA’s Report on the State Defender Association’s website.