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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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“You may be 38 years old as I happen to be, and one day some great opportunity stands before you and calls upon you to stand up for some great principle, some great issue, some great cause--and you refuse to do it because you are afraid; you refuse to do it because you want to live longer; you\'re afraid that you will lose your job, or you\'re afraid that you will be criticized or that you will lose your popularity or you\'re afraid that somebody will stab you or shoot at you or bomb your house, and so you refuse to take the stand. Well you may go on and live until you are 90, but you\'re just as dead at 38 as you would be at 90! And the cessation of breathing in your life is but the belated announcement of an earlier death of the spirit. You died when you refused to stand up for right, you died when you refused to stand up for truth, you died when you refused to stand up for justice.”

— Martin Luther King, Jr. 

Amicus Briefs prior to 2009



Sixth Amendment Right to Jury Trial: Informing Jury of Mandatory Minimums

Does the Sixth Amendment grant a trial court discretion to inform the jury of a mandatory minimum sentence on a conviction for receipt of child pornography? NYSACDL joins NACDL and FAMM as amici. U.S. v. Polouizzi, 2d Cir., 08-1830 – CR

Fifth Amendment Double Jeopardy Clause – Jury Deadlock – Partial Verdict

In the Matter of Enrique Rivera In this Article 78 proceeding, the issue addressed is whether re-trial is barred on a count (here, murder) where the jury indicates it had reached a “not guilty” verdict on that count but the court did not take that verdict and declared a mistrial when the jury indicated it was otherwise deadlocked.



Sixth Amendment Right to Trial by jury

Portalatin v Graham Challenging New York’s persistent felony sentencing scheme which provides for a judge rather than a jury to make factual findings which may result in an increased sentence.



Fifth Amendment Double Jeopardy Clause

Gorghan v DeAngelis – Prosecutorial misconduct so pervaded appellant’s trial as to require reversal.  Whether double jeopardy bars retrial as the proper remedy is at issue.

Procedural Due Process and Sora Registration

People v. Kennedy – This case addresses due process requirements and suggests that the Court of Appeals exercise its supervisory powers to give guidance to lower courts and counsel  where defendant has a military conviction.



Sixth Amendment Confrontation Clause

People v. Pacer – 2005 whether, under Crawford v. Washington, 541 U.S. 36 (2004), it is error to admit an affidavit prepared for the prosecution and relied upon to establish an element of the crime.

Eyewitness Identification – issues pertaining to admissibility

Ledbetter v. Connecticut, Petition for Writ of Certiorari, 05-9500


People v. J. Williams – Whether the exclusionary rule should apply to evidence obtained as the result of an arrest by a “peace officer” who exceeded his authority in making an arrest, interrogating the suspect and seizing evidence.