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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 gain strength, courage and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, ’I have lived through this horror. I can take the next thing that comes along.’ You must do the thing you think you cannot do.”

— Eleanor Roosevelt 

Amicus Briefs 2009

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Search and Seizure

On May 12, 2009, the Court of Appeals rendered its decision  in People v. Weaver ruling that the police must obtain a warrant before installing a GPS tracking device on an individual’s vehicle.   In assisting NACDL on an amicus brief, NYSACDL served as a strong voice supporting the need for a warrant to track people’s movements via installation of a GPS and in suppressing evidence obtained as a result of this unlawful police activity.

 

Trial

Sixth Amendment Confrontation Rights

People v. Wrotten – Whether it was error to permit the complainant to testify from another state via live two-way television transmission in the absence of statutory authority.

 

Fifth and Fourteenth Amendment Due Process Rights – non-disclosure of exculpatory evidence

People v. Ortiz – Whether a defendant must establish the admissibility of non-disclosed exculpatory evidence in order to satisfy Brady’s materiality standard.

 

Sentencing

Loss Analysis in Fraud Cases under the U.S.S.G

NYSACDL recently joined NACDL and The New York Council of Defense Lawyers in an Amici brief filed on behalf of defendant Ivy Woolf Turk in the U.S. District Court Southern District.  At issue is the loss analysis to be applied under the Sentencing Guidleines in fraud cases. U.S. v. Ivy Woolf Turk.

 

Diversion Courts and Consequences

Ditren v Holder – Voluntary participation in a pre-trial drug court diversion program should not result in a “conviction” for immigrant deportation purposes where the immigrant successfully completes treatment and charges are dismissed.