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