My general practice has been to use this column to address issues that are not the focus of the message from our Section’s chair. Over the years, I’ve had the pleasure to work with some terrific chairs and I tend to avoid their subject matter turf. The idea is to cover more ground and avoid … Continued
The criminal legal system is at the forefront of the issues being raised in political campaigns and legislative proposals. We are all being bombarded with television campaign commercials railing against “bail reform,” showing excerpts of violent street or subway crimes (Willie Horton all over again); or alternatively, telling us what legislative accomplishments a particular incumbent … Continued
Introduction This article focuses on the ethics standards applicable to counsel whose criminal defense client intends to testify falsely at trial. While ethics standards also address truth-defeating witness conduct in other contexts, attention here is on the criminal defense lawyer who might be said to “know” that her client intends to testify falsely at trial. … Continued
This is a tightly written book by Alexandra Shapiro, an active lawyer who practices the art and craft of criminal defense representation. She enjoys an outstanding career reputation built on building blocks as a federal prosecutor and law clerk to Justice Ruth Bader Ginsburg. Those experiences add a realistic and multi-dimensional perspective to her fictional … Continued
Antonyuk v. Hochul1 may be the next chapter in the unfolding tale of the right to carry concealed weapons in public places. Ivan Antonyuk and other gun owners have brought a wide-ranging Second Amendment challenge to the 2022 Concealed Carry Improvement Act (CCIA), New York’s expansive gun control regulations. The district court enjoined enforcement of several regulations concerning … Continued
As I read Judge Brunetti’s scholarly article, several thoughts came to mind. Initially, how accurate his observation is regarding the dearth of appellate decisions from our high courts discussing the propriety of investigators using deception during interrogations. Then, I wondered why that is. After all, in my own experience, I had tried several cases in … Continued
This issue’s column, at least the majority of it, is not an official statement of the Criminal Justice Section. But it is a statement that I must make. Like most former prosecutors, I have a wonderful collection of shirts from different law enforcement agencies and branches of the NYPD. My favorite, hands down, is a … Continued
I am writing this message at the beginning of June, which is when the New York State Bar Association begins its operational year. I would like to thank my fellow officers, Leah Nowotarski, Ben Ostrer, David Cohn and Immediate Past Chair Robert Masters for all their hard work on behalf of the Section. Thanks as … Continued
Neither the United States Supreme Court1 nor the New York Court of Appeals has ever ruled that deception of a suspect undergoing a custodial interrogation to which Miranda applies is permitted. The two cases often cited to support a claim to the contrary in relation to the Supreme Court2 are Frazier v. Cupp,3 to which Miranda did not apply,4 and Oregon v. Mathiason,5 … Continued
Amid the intense debate over bail and discovery reform in the legislative session that has just ended, the Legislature enacted a third iteration of changes to the bail and discovery statutes. Although certain political leaders called for substantial revisions of these laws, the changes were not transformative but do present a mixed bag for prosecutors … Continued