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December 05, 2019 | New York Law Journal

Advocates of New NY Criminal Justice Laws Push Back on Prosecutors' Objections

Nicole Triplett, an attorney with the New York Civil Liberties Union, said the cost argument, in her view, has been used by prosecutors to shield their outright opposition to the changes.
8 minute read
December 04, 2019 | New York Law Journal

Assembly Speaker Says There's No Appetite to Delay NY Criminal Justice Laws Amid Cost Concerns

Heastie was responding to a question from the Law Journal about efforts from prosecutors and members of law enforcement to convince the Legislature they aren't ready to implement the new laws on their scheduled start date of Jan. 1.
6 minute read
December 02, 2019 | New York Law Journal

NY Criminal Defense Lawyers Press for Marijuana Legalization, Halt to ICE Courthouse Arrests

The attorneys delivered that message in a letter Monday as the Democratic majority began to gather in Albany to plot strategy for the 2020 session, which is set to open in January.
7 minute read
November 15, 2019 | New York Law Journal

New Law Ends Disparity in Appellate Representation

In a momentous development for criminal defendants in New York, the gap has been closed.
5 minute read
November 06, 2019 | New York Law Journal

Democrat Singas Wins 2nd Term as Nassau County DA, Katz Elected Queens Top Prosecutor

Singas, a career prosecutor, was the county's acting district attorney before she was elected to the office in 2015. Katz, who has promised to end cash bail, speed up trials and refuse to prosecute low-level marijuana offenses, served in the state assembly and on New York City Council and worked in private practice at Greenberg Traurig before taking office as borough president in 2014.
3 minute read
October 28, 2019 | New York Law Journal

NY AG's Office Calls for More Funding to Comply With New Criminal Procedure Requirements

A representative for New York Attorney General Letitia James testified before state lawmakers that her office will need $10.2 million in new funding to comply with the laws.
7 minute read
October 16, 2019 | New York Law Journal

City Bar Argues in Favor of Plan to Close Rikers

"Ultimately, the imperative to close Rikers demands that this plan pass; anything less will doom the effort to close Rikers for a generation or more," the bar association said in a public statement.
4 minute read
September 09, 2019 | New York Law Journal

Prosecutors Warn of Rough Transition to New Discovery Laws Without More Funding

"The idea is that the system is supposed to be fair," Hoovler said. "I don't see how it's going to be fair if we're forced to do this on such short notice with a lack of funding."
7 minute read
August 02, 2019 | New York Law Journal

New York Eliminates a Criminal Defense: A Due Process Violation?

On June 30th, New York became the seventh state to ban what is referred to as the “gay and trans panic defense”—a defendant is now precluded from raising the defense of extreme emotional disturbance upon discovering a victim’s sexual orientation, sex or gender. The defense had been used to mitigate a defendant’s culpability in a murder case by reducing the crime to manslaughter in the first degree. A number of defense organizations have opposed the law on the ground that it violates a defendant’s right to due process by preventing an individual from raising a defense at trial or for purposes of plea bargaining. In his Criminal Law and Procedure column, Barry Kamins explores the new law and the legal challenges it may face.
9 minute read
July 29, 2019 | New York Law Journal

NY Marijuana Decriminalization Bill Is Signed Into Law by Cuomo

The measure was this year's compromise among Democrats in New York who couldn't coalesce around a measure to legalize the drug before the end of the legislative session in June.
6 minute read

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