Criminal Justice Section Spring 2026 Meeting

1:00 p.m. – 1:10 p.m.

Introduction

David Cohn, Esq., Criminal Justice Section Chair

1:10 p.m. – 2:25 p.m.

What Does Prosecutorial Discretion Mean Today?

Prosecutors have a duty to enforce the law in a just and fair manner. In the exercise of that duty, prosecutors have discretion to do justice in the individual case through charging decisions, plea bargaining, and utilizing diversion and treatment programs, among others. This all-star panel will discuss what prosecutorial discretion means in practice, how it is exercised, and what today's landscape means for the effective exercise of prosecutorial discretion.

Panelists:

Lee Kindlon, District Attorney, Albany County

John Choi, Ramsey County Attorney, St. Paul, MN

Prof. Leslie Levin, University of Connecticut School of Law

Moderator:

Prof. Ellen Yaroshefsky, Maurice A. Deane School of Law, Hofstra University

1.5 Credits in Areas of Professional Practice

2:25 p.m. – 2:35 p.m.

Break

2:35 p.m. – 3:50 p.m.

Taking Control - CPL 730: Beyond the Basics

This CLE examines how judges, defense lawyers, and prosecutors deal with the intricacies of proceeding in a criminal case when it is believed a defendant suffers from mental illness or cognitive defect. The program will highlight recent developments and ethical issues, as well as the procedural hurdles for assessing a defendant’s mental capacity. The panel will review the process in both misdemeanors and felonies, the Court’s discretion in ordering an examination, and the practical considerations faced by attorneys charged with the responsibilities of representing such clients before a 730 exam is even requested or ordered.

Panelists:

N. Scott Banks, Attorney in Chief of Legal Aid Society of Nassau County

Michael S. Deal, Legal Director of the Criminal Defense Unit of the Legal Aid Bureau of Buffalo

Hon. Tim Franczyk, Deputy for Legal Education of Erie County Assigned Counsel Program

Moderator:

Norman Effman, Esq., Executive Director of Attica Legal Aid

1.5 Credits in Areas of Professional Practice

3:50 p.m. – 4:00 p.m.

Closing

4:30 p.m.

Reception at the Renaissance Bar