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