Practice Area: Criminal Law

The Year in Criminal Justice Legislation: Bail, Discovery, Police Reform

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In the midst of an historic pandemic, the legislature enacted changes in two critical areas of the criminal justice system. It enacted changes to the bail and discovery laws it passed last year and, in addition, it passed an expansive package of police reform bills. At the same time, the New York City Council enacted a series of new laws that will have a significant impact on members of the New York City Police Department.

Bail Reform: New York’s Legislative Labyrinth

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Holistically, the legislation was intended to eliminate pre-trial detention of persons unable to afford modest bail for offenses that will eventually be resolved in non-incarceratory (e.g., probation, community service, rehabilitation programs or fines) or negligible jail sentences because extended incarceration jeopardizes employment, housing and other life circumstances

New York State Bar Association Calls for Public Disclosure of Law Enforcement Disciplinary Records

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The New York State Bar Association’s (NYSBA) Executive Committee today approved repealing Civil Rights Law 50-a to allow for the public disclosure of law enforcement personnel disciplinary records. “Disclosing all records pertaining to police misconduct and discipline will help stem the tide of repeated and senseless incidents of police brutality that are all too frequently … Continued

The Unified Court System’s Guide to New York Evidence

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There now exists for the benefit of the bench and bar a new resource, the Guide to New York Evidence, published by New York’s Unified Court System at http://www.nycourts.gov/JUDGES/evidence/, with a “rule” set forth in black letter and a “note” explaining the decisional or statutory derivation of the rule and any decisional nuances on the meaning … Continued