Event Overview
Incapacitated Defendants and Those Found Not Responsible
Navigating the Proceedings, Examining Medical Experts and Managing the Case from Arraignment to Final Disposition
Wednesday, January 19, 2022
9:00 a.m. – 12:00 p.m.
3.0 MCLE Credits
3.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys including those newly admitted.
Criminal Justice Section Chair
David Louis Cohen, Esq., Law Office of David L. Cohen, Kew Gardens, NY
Program Chair
Tucker C. Stanclift, Esq., Stanclift Law, Glens Falls, NY
Incapacitated Defendants and Those Found Not Responsible: Navigating the Proceedings, Examining Medical Experts and Managing the Case from Arraignment to Final Disposition
Wednesday, January 19, 2022
9:00 a.m. – 12:00 p.m.
3.0 MCLE Credits
3.0 Areas of Professional Practice
This program is transitional and is suitable for all attorneys including those newly admitted.
Criminal Justice Section Chair
David Louis Cohen, Esq., Law Office of David L. Cohen, Kew Gardens, NY
Program Chair
Tucker C. Stanclift, Esq., Stanclift Law, Glens Falls, NY
9:00 a.m. – 9:10 a.m.
Welcome and Section Business Meeting and Election of Officers
Speakers:
Section Chair David Louis Cohen, Esq. Law Office of David L. Cohen Kew Gardens, NY Program Chair Tucker C. Stanclift, Esq. Stanclift Law PLLC Glens Falls, NY Nominating Committee Chair Norman Effman, Esq. Wyoming County Public Defender Warsaw, NY9:10 a.m. – 10:50 a.m.
Fitness to Proceed and Responsibility
This panel will explore CPL Article 730-fitness to proceed: the legal issues, standards and considerations of what is ordinarily a preliminary issue in a case, but may arise later, or repetitively. Dealing with the question of responsibility will also be addressed -- whether a defendant is guilty of the charges, although perhaps mentally ill, or not guilty by reason of mental disease or defect, pursuant to Penal Law 40.15; as well as the limited affirmative defense of Extreme Emotional Disturbance, pursuant to Penal Law 125.25(1)(a)(1), as well as any other psychiatric defense pursuant to CPL 250.10 (1)(c). Panelists will discuss the unique procedures, instructions and considerations, as well as the strategies and tactics involved for all parties.
Speakers:
Dr. Jason Hershberger Chair, Psychiatry Brookdale Hospital and Medical Center and Interfaith Medical Center Brooklyn, NY Hon. Jerald S. Carter (Ret.) Nassau County Court Garden City, NY Michael E. Bongiorno, Esq. Former District Attorney, Rockland County The Law Office Michael E. Bongiorno Bardonia, NY Robert J. Masters, Esq. Special Assistant District Attorney for Rockland County Little Neck, NY 2.0 Credits in Areas of Professional Practice10:50 a.m. – 11:00 a.m.
Break
11:00 a.m. – 12:00 p.m.
Not responsible. Now what?
This panel will explore CPL 330.20, which describes the unique procedure following a verdict or plea of “not responsible by reason of mental disease or defect.”
Moderator:
Robert J. Masters, Esq. Special Assistant District Attorney for Rockland County Little Neck, NYSpeakers:
Sheila E. Shea, Esq. Director, Mental Hygiene Legal Service Third Judicial Department Albany, NY Guy Arcidiacono, Esq. Deputy Bureau Chief, Appeals & Training Bureau Attorney-in-Charge, Psychiatric Litigation Unit Suffolk County District Attorney’s Office Riverhead, NY 1.0 Credit in Areas of Professional Practice
Virtual Programming Pricing
Virtual Meeting General Registration Fee
$25
Required to attend any virtual CLE programs
+plus…
EARLY BIRD REGISTRATION (Before 12/31/21)
$99: Section Member | $130: NYSBA Member | $255: Non-NYSBA Member
REGULAR REGISTRATION (1/1/22 and after)
$140: Section Member | $185: NYSBA Member | $350: Non-NYSBA Member
Speakers coming soon!
Awards coming soon!