2nd honker
June 19, 2017
News Picks from NYSDA Staff
News Picks
June 2017 Edition of Speedy Trial Manual Available. The June 2017 edition of the Criminal Procedure Law Section 30.30(1) Manual by Drew R. DuBrin, Special Assistant Public Defender in Monroe County, is available now. The manual provides a comprehensive breakdown of New York's speedy trial statute. The previous edition of this manual, as well as other speedy trial resources, appeared in the Nov. 17, 2016 edition of News Picks. NYSDA and the many who benefit from this publication wish to thank its author for making it available.

New Online Guides on Intersection of Immigration Law and the NYS Family Court Act. The Fund for Modern Courts and numerous contributing partners, including the Immigrant Defense Project, have launched a new website that features online guides regarding the intersection of federal immigration laws and family court proceedings in New York. The legal reference guides are divided into 12 categories, including individual articles of the Family Court Act, orders of protection, contempt and incarceration, and immigration law overview. Family Court Act article 6 (Custody and Visitation) is not specifically detailed in the Matrimonial and Domestic Violence section. But, in general, what applies for immigration purposes in all the other sections also applies to those cases, e.g., if an admission is made on the record about behavior that is in any way a crime or an indication of anything but "good moral character," an individual may be denied immigration protections and relief. Attorneys providing public defense representation who need assistance in representing a non-citizen client in Family Court should contact their local Regional Immigration Assistance Center .

ABA Releases Trauma Information for Child Welfare Attorneys . In collaboration with the National Child Trauma Stress Network's Justice Consortium Attorney Work Group, the ABA Center on Children and the Law recently released  Trauma: What Child Welfare Attorneys Should Know . This resource is meant to "strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment" by advancing the policy of trauma-informed practice. Practice tips include suggestions for targeted advocacy in response to a client's exposure to traumatic events. Additionally, information regarding secondary traumatic stress is provided to prevent or address this issue for those who work in the child welfare system.

Free NACDL Webinar: Defending Women Charged with Crimes in Relationship to Pregnancy. On Tuesday, June 20 the National Association of Criminal Defense Lawyers (NACDL) is offering a free webinar, presented by the National Advocates for Pregnant Women, for defense attorneys representing women facing criminal charges or other punishment in relation to pregnancy. The webinar will cover strategies for effectively representing mothers where it is alleged the mother created a risk of harm for the fetus or is facing charges in relation to the outcome of her pregnancy (i.e., homicide, feticide, still birth, infant death). Click here to learn more and register .

Denial of CPL 160.58 Conditional Sealing Motions Are Appealable Under the CPLR - Third Department Affirmatively Grants Relief. Enacted as part of the 2009 Drug Law Reform Act, CPL 160.58 authorizes a court to conditionally seal drug, marijuana, and certain non-violent convictions (see CPL 410.91), and up to three additional drug or marijuana misdemeanor convictions. To be eligible, a defendant must have completed a "judicially sanctioned" drug treatment program and served the underlying sentence. In People v Jihan QQ. (2017 NY Slip Op 04524 [6/8/2017]), the Third Department held the trial court failed to properly weigh the statutory criteria for relief: 1. the circumstances and seriousness of the offenses; 2. the character of the defendant; 3. the defendant's criminal history; and 4. "the impact of sealing the defendant's records upon his or her rehabilitation and ... successful and productive reentry and reintegration into society; and on public safety." Agreeing with the Fourth Department that the denial of a conditional sealing application is appealable under CPLR 5701(a)(2)(v), the panel affirmatively granted the application, citing the defendant's uncontested rehabilitation. Mark Mishler, Alan Rosenthal, and NYSDA's Al O'Connor represented Jihan QQ.

State Bar Committee Recognizes Defenders, Others. At its annual CLE event for public defense lawyers, the New York State Bar Committee on Mandated Representation presented several awards recognizing quality representation and leadership in promoting excellence in mandated representation. Those receiving 2017 Promoting Excellence in Mandated Representation Awards included Annie Constanzo and Thomas Klein of The Legal Aid Society in New York City. Annie and Tom's long list of achievements includes providing outstanding training at NYSDA CLE events. Others receiving awards for promoting excellence in public defense are also well known here: The Indigent Legal Services Office, with which NYSDA works on many issues, and legislators Patricia Fahy and John DeFranciso, who received 2016 Service of Justice Awards at NYSDA's Annual Meeting last year for their sponsorship of important public defense reform legislation.
The State Bar's 2017 Denison Ray awards went to Monroe County Public Defender Timothy P. Donaher, Supervising Attorney Nancy J. Farrell and Assistant Supervisor Amanda M. McHenry of the Family Court Program of the Frank H. Hiscock Legal Aid Society in Syracuse, and Peter Wolk of New York County Defender Services. NYSDA congratulates all these deserving recipients!

Association News
Register Now for NYSDA's 50th Annual Meeting & Conference. NYSDA's 50th Annual Meeting & Conference will be held at the Gideon Putman Hotel & Conference Center in Saratoga Springs, NY from July 23-25. Attendees will hear from top state and national presenters on a wide range of criminal defense topics including developments in New York criminal law and procedure, recent Supreme Court decisions, the raise the age law, the photo ID and interrogation laws, and other relevant topics. Registration forms and additional information about the Annual Conference are available here. The registration deadline is July 12.

NYSDA Releases 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. The calendar will be updated on a regular basis. If you are interested in having a program placed on the calendar, please contact Ziadanne Lewis at zlewis@nysda.org .  

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