Issue: 2022 Vol. 20 No. 3

Up Close and Personal

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

Message From the Editor

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

Message From the Chair

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

The First Department Revisits in the Criminal Defense Context the Ethical Rules Prohibiting the Offer and Use of False Evidence

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

Antonyuk and the Future of Gun Carrying

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