The Criminal Justice Section held its Fall Meeting in Albany on September 29-30. The meeting began with an Executive Committee meeting on September 29, held in person at the Bar Center with a virtual option. Despite the heavy rainfall, car breakdowns, and traffic jams, a good contingent of CJS stalwarts made it to Albany. The … Continued

By the time this issue hits mailboxes and the internet, we will be nearing the Annual Meeting. I’ve found that gathering to be an inspiration for new ideas for practice and, more importantly, discussion. Browsing the topics of all the section presentations provides insights to new trends and pressing issues. Our section members may focus … Continued

Although the year is winding down, the Criminal Justice Section is revving up. Our committees have been active in addressing legislation, new committees have formed, and the fall CLE was successful despite the obstacles that stood in its way (more about that from the vice chair, David Cohn!). Here is an update on some things … Continued

Introduction The NYSBA Committee on Professional Ethics recently responded to an inquiry about what conflicts may arise if the county’s public defender’s office hires the county’s former district attorney (DA).1 Subject to the restrictions imposed by Rule of Professional Conduct (RPC) 1.11, the Committee did not perceive a barrier to the former DA’s employment in the … Continued

This article contains the annual review of new legislation amending the Penal Law (PL), Criminal Procedure Law (CPL) and related statutes. The discussion that follows will highlight key provisions of the new laws and, as such, the reader should review the legislation for specific details. In some instances, where indicated, legislation enacted by both houses … Continued

On May 2, 2023, Governor Kathy Hochul signed New York’s fiscal year 2024 state budget, which included changes to the state’s bail reform law. Driven by an effort to reduce the number of people held in pretrial detention and address persistent economic and racial disparities1 in New York’s jail population,2 bail reform initially passed in 2019 and … Continued

Introduction Recent media coverage of the political scene shines a spotlight on the crime-fraud exception to the confidentiality protection provided by the attorney-client privilege. Rarely has a rule of evidence achieved such prominence in the public square or prompted such widespread discussion of when lawyers may be required to reveal information provided to them by … Continued

Introduction Plea bargaining has become the norm in the American criminal justice system, with over 90% of criminal cases being resolved through plea agreements rather than trials. While plea bargaining can offer benefits such as reduced sentences and the avoidance of lengthy trials, it is also a process that can be marred by coercion, intimidation, … Continued

My general practice is to discuss a theme in my Message and then move on to deliver a preview of the current issue. This issue, however, is a bit different because I’ve written one of the articles. I’ve taken the time to describe, from at least 30,000 feet, my recent experiences as a Fulbright U.S. … Continued

On January 28, I landed in Tirana, Albania, accompanied by my wife and four substantial pieces of luggage. It was the start of my 120-day stay as a Fulbright U.S. Scholar. That experience was at the same time a professional and personal adventure, beyond the scope of this article to describe in detail. But there … Continued