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

It is exciting and intimidating to follow David Cohen as chair of this section. His extensive legislative experience and legal knowledge promoted our efforts to discuss and debate various criminal justice matters. He had the insight and ability to round up various opinions to find common ground and reach consensus where it almost seemed impossible. … Continued

Reviewed by Roger Bennet Adler If the life and times of mob boss Vito Genovese were a film, it would likely be viewed in black and white, consistent with the times in which he pursued his criminal activities. However, as an old school Mafioso, Genovese undertook to avoid publicity. Judge (ret.) John Gleeson’s book The Gotti … Continued

For the first time since the pandemic, the New York State Bar Association’s Annual Meeting had a four-day in-person component. The Criminal Justice Section had its CLE on Saturday morning followed by our awards luncheon. Jury selection was the topic of the CLE. The program consisted of three panels focusing on implicit bias, Batson and best practices. … Continued

It is not uncommon for suspects left alone in an interrogation room to talk to themselves out loud, or, if they have a cell phone, to call others. Depending upon the circumstances, the defendant may seek suppression of those statements on Miranda grounds, right to counsel grounds, privacy grounds, CPL 60.45(3) (DCJS Standards for Video-recording of Interrogations) … Continued

New York now has its Rules of Evidence in code form, i.e. a summary Rule set out in bold face lettering, followed by a Note that cites and explains in detail the decisional or statutory law from whence the rule is derived and any applicable nuances. Known as The Guide to New York Evidence (“Guide”), it is … Continued

Should New York Require Counsel To Tell Clients About the Exceptions to the Confidentiality Protection Stated in Rule 1.6 of the Rules of Professional Conduct? Explaining Confidentiality The 10th anniversary of the adoption of the New York Statement of Client Rights1 is a great opportunity for the legal profession to ask whether the bar’s current approach … Continued

In this issue of the Newsletter, David Louis Cohen, our outgoing chair who served so professionally and diligently, says his goodbyes. I am confident that the feeling I have about working with David is universally held: he has been a patient, understated leader who endeavored throughout his tenure to garner consensus and hear every voice. David … Continued

I want to thank the members of the Criminal Justice Section for giving me the opportunity to lead such an amazing group of lawyers during my tenure as chair. Our Section is unique in that it is comprised of all stakeholders in the criminal legal system. Whether prosecutors, defenders or members of the judiciary, one … Continued

For the first time since the pandemic, the Criminal Justice Section’s Fall Meeting and Awards Dinner was held in person at 1 Elk Street, NYSBA’s bar center building. The awards dinner was not as well attended as we would have liked, and those of you who did not attend missed a wonderful event. The bar … Continued