Overview: ‘A Duty of Loyalty’ Almost 40 years ago, the United States Supreme Court acknowledged that a criminal defense counsel’s duty to represent a client is not without limits. The court wrote, “that duty is limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth.”1 Nevertheless, this position … Continued

This issue of the Reporter is about fairness and justice. Yes, on the surface that is an odd statement in light of our section name: the Criminal Justice Section. But still, sometimes we do not focus on issues of fairness and justice the way in which we do in the following pages. First, we have … Continued

Criminal practitioners are accustomed to adapting their practice to where they appear. Good lawyers tailor their practice from one judge to another for the benefit of their clients. Some might find it ineffective to fail to do so. Just as there are differences from one court to another, there also are disparities between upstate and … Continued

In the summer of 1980, Jimmy Carter was president and campaigning against Ronald Reagan, who would win the November election. Later that year, John Lennon would be murdered outside of his apartment building on the Upper West Side. In 1981, the New York Times reported that 1980 was the worst year for crime in New … Continued

The recent trial of Donald Trump in New York City has regenerated the reoccurring debate of whether cameras should be allowed to telecast judicial proceedings. Some ask why; others, why not. Searching for an answer, the Sixth Amendment to the United States Constitution might be the place to begin. “In all criminal prosecutions, the accused … Continued

In a split decision, the Court of Appeals in People v Debellis, 40 N.Y.3d 431, 202 N.Y.S.3d 740, 225 N.E.3d 859 (2023), held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the “defense of voluntary surrender” of a firearm pursuant to Penal Law § 265.20(a)(1)(f). In doing … Continued

Ed. Note: The opinions expressed in this article do not represent the policy or position of the New York State Bar Association or any of its sections or committees. The U.S. Supreme Court’s decision on gun carrying rights,1 NYS Rifle v. Bruen, has required major revisions in New York’s venerable licensing law for carrying concealed firearms in … Continued

On a Saturday morning in January, as the Association’s Annual Meeting neared its close, the Criminal Justice Section placed a spotlight on myriad issues surrounding mental health. The discussions served to educate the attendees on the significant strides our courts are making to improve the mental well-being of justice involved individuals. The World Health Organization … Continued

In the fall of 2003, the first issue of the Association’s New York Criminal Law Newsletter was published. The Newsletter was the immediate predecessor to our NY Criminal Justice Section Reporter. The editor, my immediate predecessor, was Spiros Tsimbinos, who passed away on January 10 of this year. This issue is dedicated to Spiros, who would have been 81 years … Continued

The practice of criminal law has changed dramatically over the past several years. A combination of the COVID-19 pandemic mixed with the complexity of criminal cases has shifted the practice of law away from in-person, collegial, court-centered exhilaration to mundane, time-crunched, expansive, administrative priorities. The thrill and adrenaline of practicing criminal law has waned, discouraging … Continued