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New York Criminal Law Newsletter a Publication of the Criminal Justice Section of the New York State Bar Association 2021 | VOL. 19 | NO. 2 New York Criminal Law Newsletter A publication of the Criminal Justice Section of the New York State Bar Association Section Viewpoint: Looking Cause of Death in Back, Going Forward Vehicular Homicides Criminal Justice Section AwardsNominate a colleague! Submission Deadline: October 2021 NYSBA.ORG/CRIMAWARDS New York Contents Criminal Law Features Newsletter 2021 | Vol. 19 | No. 2 Section Viewpoint: 6 Looking Back, Going Forward Regulars Cause of Death in Vehicular Homicides Message From the 10 Marc Gann 3 Past Chair Robert J. Masters Message From the Chair 4 David Louis Cohen Message From 5 the Editor Jay Shapiro Section Committees 12 and Chairs New York Criminal Criminal Justice Section Law Newsletter Section Officers Chair Editor David Louis Cohen Jay Shapiro Law Office of David L. Cohen White and Williams LLP 12510 Queens Blvd Ste 12 Times Square Tower Kew Gardens, NY 11415 7 Times Square [email protected] New York, NY 10036 [email protected] Vice-Chair Leah Rene Nowotarski Publication and Editorial Policy Wyoming County Public Defender 18 Linwood Ave Persons interested in writing for this Newsletter Warsaw, NY 14569-1116 are welcomed and encouraged to submit their articles [email protected] for consideration. Your ideas and comments about the Newsletter are appreciated as are letters to the Editor. Secretary All articles should be e-mailed to: Jay Shapiro at Benjamin Ostrer [email protected]. Ostrer & Associates, P.C. PO Box 509 Submitted articles must include a cover letter giv- 111 Main Street ing permission for publication in this Newsletter. We Chester, NY 10918-0509 will assume your submission is for the exclusive use [email protected] of this Newsletter unless you advise to the con trary in your letter. Authors are encouraged to include a brief Treasurer biography with their submissions. David M. Cohn New York County DA’s Office Editorial Policy: The articles in this Newsletter rep re- 1 Hogan Pl Fl 8 sent the authors’ viewpoints and research and not that New York, NY 10013-4311 of the Newsletter Editor or Section Officers. The accu- [email protected] racy of the sources used and the cases cited in submis- sions is the responsibility of the author. NYSBA.ORG/CRIMINAL Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against in- dividuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact the Bar Center at 518-463-3200. Publication Date: August 2021 Copyright 2021 by the New York State Bar As so ci a tion. ISSN 1549-4063 (print) ISSN 1933-8600 (online) 2 NYSBA New York Criminal Law Newsletter | 2021 | Vol. 19 | No. 2 Message From the Past Chair Mid-morning on Tuesday, June 1, 2021, I received a the promise of finding text from my friend and past chair of our Section, Tucker an enduring criminal Stanclift. It simply read, “Welcome to the Club!” That was justice system that the Tucker’s clever way of noting that my tenure as the Sec- most elusive of com- tion’s chair had concluded at the stroke of midnight and I, modities—justice—for too, had joined the roster of our Section’s past chairs. Over everyone, those ac- the following few days, our new chair, my friend from our cused, victims—ev- shared home county of Queens, David Cohen, was imme- eryone—regardless of diately called to answer many requests, make prompt de- race, creed or social cisions and respond to an endless array of email threads. station. In one of my replies to such an email thread, I concluded with a wise-guy postscript, simply advising David that he Our editor and my had only 725 days ahead of him as chair of our Section. All friend, Jay Shapiro, joking aside, I am certain that David will provide inspired has been kind enough leadership for us—those who labor in the vineyards, prac- to permit me this op- ticing our chosen specialty—criminal law. portunity to address the Section as a past David assumes his position at the most delicate and chair, and what I wish Robert J. Masters difficult of times. His kind words about my tenure not- to express, above all, withstanding, serving as chair while we return from our apart from my heartfelt congratulations to David and the COVID-19 hiatus will prove daunting. It will be in the other officers upon their ascent, is my gratitude for having coming months that we will see the true impact of the bail had the experience of serving on the officers’ ladder in the and discovery reforms that were implemented on January Section, culminating with my term as chair. The importance 1, 2020, but have had no genuine opportunity to become of what we—the subject matter experts—of the criminal ingrained into our daily practice. Moreover, the reforms law can provide to our community cannot be underesti- enacted last year in the wake of events in Minneapolis only mated. It was a privilege to have participated in that. And, became effective a few short weeks ago and the latest legis- I promise, that, like Tucker, I will contribute to our common lative session promises to provide additional sea changes to cause in the future, while reserving the right to tease future our routine practice—all of which will test David’s tenure. chairs, as the occasion may present. Although the challenges are daunting, David’s remarkable wisdom, pragmatism and experience will guide the Section Thank you. to adapt to our new post-COVID-19 world and provide leadership to the courts and the Legislature in ensuring RJM Lawyer Assistance Program Lawyer Assistance Program Confidential Helpline 1-800-255-0569 NYSBA’s Lawyer Assistance Program offers no-cost confidential services to help you or a loved one suffering from a mental health struggle or alcohol or substance use problem. Call the helpline at 1-800-255-0569 or email the LAP Director, Stacey Whiteley at [email protected], to find support. Information shared with the LAP is confidential and covered under Judiciary Law Section 499. You are not alone. There is help available. For self-assessment tools and additional resources go to NYSBA.ORG/LAP NYSBA New York Criminal Law Newsletter | 2021 | Vol. 19 | No. 2 3 Message From the Chair Following Bob Masters as chair is a daunting task. and modifications that Not only is he a good lawyer and a better person, he is a are being considered wonderful writer and his Messages From the Chair have by the Legislature and been interesting and informative. On behalf of the Section, the court system. We I want to express our thanks and appreciation for a job well can and should be the done. “experts” who provid- ed in-depth analysis Bob led us through the pandemic. Realizing that input as to the practical im- from those who actually work in the system would be most plications and the real beneficial, he created a Best Practices Working Group to world impact of such serve as a resource to court administrators as they devel- proposals. oped new protocols for the “virtual practice.” Bob, along with the officers of the Section, continued to do whatever To this end, my they could to improve the practice during this most diffi- main goal as chair will cult period for our members. be to revitalize the Sec- tion’s committees. We Every new leader comes into office with myriad theo- have a wealth of talent ries as to how to improve the organization. Having served on our committees that David Louis Cohen as a county bar president, I learned rather quickly that the is underutilized. Com- best practice is to focus on one or two areas, rather than to mittee members have an expertise that we should enlist to try and reinvent the wheel. draft legislative proposals to improve their specific area of This Section is composed of some of the best and expertise. Committee members can write articles for our brightest lawyers who practice as both prosecutors and newsletter to inform us about issues of interest. By meeting defense counsel in the criminal courts of our state and regularly, committees can discuss issues in their practice country, as well as judges who preside or have presided area and create CLE programs. All of these efforts will not over cases in those courts. Especially in today’s times when only benefit our Section, but the NYSBA as a whole. there is a clarion call for “reform” in all aspects of the crimi- nal legal system, this diversity makes our Section uniquely qualified to evaluate, analyze and educate on the changes David Louis Cohen NEW YORK STATE BAR ASSOCIATION If you have written an article you would like considered for publication, or have an idea for one, please contact New York Criminal Law Newsletter Editor: Jay Shapiro [email protected] Articles should be submitted in electronic document format (pdfs are NOT acceptable), along with biographical information. REQUEST FOR ARTICLES 4 NYSBA New York Criminal Law Newsletter | 2021 | Vol. 19 | No. 2 Message From the Editor The question is, “Are we almost there?” That inquiry is Now the reins are far better than, “Will we ever get out of here?” Of course, in the hands of David what comes next is, “Now what?” Louis Cohen, who, like Bob, will be a thought- We are full of questions about where we’ve been, how ful leader.
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