2nd honker
July 19, 2017
News Picks from NYSDA Staff
News Picks
New Pattern Jury Instruction on Photo IDs. The Committee on Criminal Jury Instructions issued a pattern Limiting Instruction on Identification by Photograph , addressing new legislative changes to CPL 60.25 and 60.30 which, effective July 1, 2017, "under certain circumstances, permit a witness to testify to an identification of the defendant by 'pictorial, photographic, electronic, filmed or video recorded reproduction.'" The recent changes to these sections of the CPL, which make photographic identification evidence admissible for the first time in New York, were discussed in the Apr. 20, 2017 issue of News Picks, which also included a Practice Advisory by John Schoeffel, Staff Attorney with The Legal Aid Society's Special Litigation and Training Units.
Defense counsel may request this instruction at the time of identification testimony or during final jury instructions and may wish to propose a more detailed instruction, see e.g., the New Jersey pattern instruction on identification by photograph . Defenders should also be aware of the Identification Procedures: Photo Arrays and Line-ups, Municipal Police Training Council Model Policy, and Identification Procedures Protocol and Forms promulgated by DCJS (June 2017). 

CLE Requirements to Include "Diversity, Inclusion, and Elimination of Bias." Effective Jan. 1, 2018, the categories of continuing legal education (CLE) will expand to include " Diversity, Inclusion and Elimination of Bias ." Under an addition to 22 NYCRR 1500.22 , at least one credit hour of the minimum 24 credit hours experienced attorneys are required to complete each biennial reporting cycle must be in this new category. Attorneys due to re-register on or after July 1, 2018 must meet this requirement. Courses, programs, and activities in this category "must relate to the practice of law" and may include "implicit and explicit bias, equal access to justice, serving a diverse population, diversity and inclusion initiatives in the legal profession, and sensitivity to cultural and other differences when interacting with members of the public, judges, jurors, litigants, attorneys and court personnel."
As an accredited provider of CLE, NYSDA will work to ensure that public defense lawyers have access to affordable, high-quality training that meets both the intent and the specifics of the new requirement. NYSDA was among those responding to the Dec. 14, 2016 Request for Public Comment on the proposal to make this change. 

Department of Health Seeks Input on DOCCS Policies and Practices Regarding HIV/AIDS and Hepatitis C Prevention and Treatment. Pursuant to Public Health Law 206(26), the New York State Department of Health (DOH) is conducting a review of the policies and practices of Department of Corrections and Community Supervision (DOCCS) facilities regarding HIV/AIDS and hepatitis C prevention and treatment. As part of that review, DOH is seeking relevant information from the public, including patients, their families, and advocates. This information may be submitted in writing by email to doccsreview@health.ny.gov or by mail to DOCCS Review, P.O. Box 2112, Empire Plaza Station, Albany, NY 12220. Information must be received no later than August 18, 2017 in order to be considered in the DOH review. 

Association News
New Issue of NYSDA's Backup Center REPORT. The Apr-June 2017 issue of the Public Defense Backup Center REPORT is now available on NYSDA's website; NYSDA members will receive a print version in the upcoming weeks. If you have any questions, please contact the Backup Center at 518-465-3524. 


NYSDA Statewide Public Defense Training Calendar. NYSDA's website now features a comprehensive NY Statewide Public Defense Calendar that includes criminal and family law training programs offered by various organizations, including NYSDA. Additional information about each program, including sponsors and registration information, can be accessed by clicking the program name. This is a great resource for both new and experienced attorneys looking to keep up-to-date with available defender training. If you are interested in having a program placed on the calendar, please contact Ziadanne Lewis at zlewis@nysda.org.  

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