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New York Criminal Law Newsletter a Publication of the Criminal Justice Section of the New York State Bar Association

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New York Criminal Law Newsletter a Publication of the Criminal Justice Section of the New York State Bar Association NYSBA SPRING 2010 | VOL. 8 | NO. 2 New York Criminal Law Newsletter A publication of the Criminal Justice Section of the New York State Bar Association Inside Message from the Chair ..................................................................... 3 Illegal Immigration Undergoes Sharp Decline ...........................27 (James P. Subjack) New York Law Firms Experience Profi t Decline .........................28 Message from the Editor .................................................................... 4 Economic Decline Increases Food Stamp Recipients ..................28 (Spiros A. Tsimbinos) Value of Homes Has Experienced Signifi cant Decline ...............28 Feature Articles Isolationism Increases in U.S. .........................................................28 Recent Developments in Eyewitness Identifi cation OCA Chief Counsel Michael Colodner Retires ............................28 Expert Testimony ................................................................................5 Minority Representation Continues to Rise in New York (Peter Dunne) Law Firms ..........................................................................................28 In the Area of Eyewitness Identifi cation Expert Testimony, Americans Recouping Their Net Worth .......................................28 LeGrand Should Be Revisited ............................................................8 China Assumes World Leadership in Automobile Sales ............29 (Paul Shechtman) U.S. Prison Population Continues to Rise, New Trends in the Area of Criminal Appeals ..............................10 but at a Slower Rate .........................................................................29 (Spiros A. Tsimbinos) Number of Foreign-Born Workers in U.S. New York Court of Appeals Review ...........................................11 Continues to Grow ...........................................................................29 Offi ce of Court Administration Requests Increase Recent United States Supreme Court Decisions Dealing in Its Judicial Budget .......................................................................29 With Criminal Law and Recent Supreme Court News ............16 Drunken Driving Fatalities Decrease ............................................30 U.S. Supreme Court Announces Assignment of Justices During the October 2009 Term .....................................................18 Despite Recession, Crime Rates Drop ...........................................30 Bar Pass Rates at New York Law Schools Experience Scenes from the Annual Meeting ................................................20 Slight Decline ....................................................................................30 Cases of Interest in the Appellate Divisions .............................22 New York Ranks Last in Happiness Study ..................................30 Letter to the Editor from Professor Monroe H. Freedman, Census Bureau Revises Future Population Projections ..............30 With Response from Paul Shechtman ........................................25 As Overall Employment Drops, Government For Your Information Employment Rises ...........................................................................31 Population Growth in South and West Substantially Judges to Receive Allowance Increase ..........................................26 Slows, and Youth Population Shifts ..............................................31 Judge Denny Chin Appointed to U.S. Court of Appeals for Not Unexpectedly, New York State Ranks as a High the Second Circuit ............................................................................26 Property Tax State ............................................................................31 Key District Attorney Races Decided by Voters at Part-Time Lawyers ...........................................................................31 November Election ..........................................................................26 Court of Appeals Hears Cases Regarding Judicial Legal Positions Experience Sharp Decline ...................................26 Pay Increases .....................................................................................31 Some Workers Face Reduction in Minimum Wage .....................26 Misdemeanor Backlog Continues to Grow in New York City Is It Time to Raise School Time for the Nation’s Students? .......27 Criminal Courts ........................................................................................ 32 Governor Paterson Signs Legislative Bill to Close Governor Paterson Names New Appellate Division Justice .....32 Sentencing Loophole .......................................................................27 About Our Section and Members ................................................33 Increase in Drunk Driving Penalty .................................................27 From the NYSBA Book Store The Practice of Criminal Law under the CPLR and Related Civil Procedure Statutes Fifth Edition Many attorneys whose practices consist solely of criminal matters are unfa- miliar with the precise rules that apply to civil actions. Moreover, many of those rules are scattered throughout New York’s Penal Law, Criminal Procedure Law and other statutes, and are difficult to find without the aid of an organizational reference. The Practice of Criminal Law Under the CPLR and Related Civil Procedure Statutes, Fifth Edition, written by Judge Edward Davidowitz, solves this prob- lem. This book pulls together in an orderly, logical way the rules and provisions of law concerning jurisdiction, evidence, motion practice, contempt proceed- ings and article 78 and habeas corpus applications, none of which is covered in the CPL or the Penal Law. AUTHOR Hon. Edward M. Davidowitz Additionally, some rules that have evolved through judicial precedent—for Bronx County Supreme Court example, the parent-child privilege and other common law privileges, or the provisions of relevant civil case and statute law to rules of evidence in criminal PRODUCT INFO AND PRICES trials and proceedings—are included and discussed. This edition features greatly 2009 / 206 pp., loose-leaf expanded discussions of case law and the relevant statutes. PN: 40698 NYSBA Members $45 Contents Contempt Provisions and Sanctions Non-members $55 Service of Process Rules of Evidence Fifth Edition update (available to past purchasers only) Motion Practice Rules Relating Generally to the Competency, Qualifications, PN: 50698 Procedures for the Disclosure and Release of Documents and Nature and Status of Witnesses NYSBA Members $35 Records of Courts and and Judicial Notice Non-members $45 Government Agencies Special Proceedings Free shipping and handling within the continental Rules for Disclosure of Evidence in U.S. The cost for shipping and handling outside the Civil Actions continental U.S. will be added to your order. Prices do not include applicable sales tax. Get the Information Edge NEW YORK STATE BAR ASSOCIATION 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB0724 Message from the Chair The Executive Committee of The Annual Meeting was truly a success, including the Criminal Justice Section has our Awards Luncheon honoring a particularly worthy been unusually busy confronting group of recipients for their service in the improvement a fl urry of sensitive and pressing of the criminal justice system. All offi cers elected in 2009 issues. were re-elected to their respective offi ces commencing June 1, 2010 and running through May 31, 2011. District A spate of legislation has Representatives for each of the judicial districts were also been proposed/pending on a elected. number of topics. At our Annual Meeting in New York City on As a fi nal thought, it is important to note the passing January 28, 2010, we discussed of Section and Executive Committee member, Jack Lit- and made recommendations on man. Jack, as you know, was an outstanding litigator and a number of issues, including fully engaged in fully protecting the interests of all those wrongful convictions, videotap- he represented. His tireless devotion to the law and his in- ing of confessions, amending existing laws regarding novative thinking not only produced outstanding results Brady material, creation of the Offi ce of Indigent Ser- for his clients, but also established increased respect and vices with the Division of Criminal Justice Services, and understanding of the law and the legal profession. The authorization for counties to create an offi ce of confl ict Executive Committee has named a scholarship for him at defender as part of a plan to provide representation for the Young Lawyers Section Trial Academy, and is work- indigent defendants. A report has already been created ing with the New York State Bar Association Foundation and submitted to the Executive Committee of the New to produce a suitable memorial to him. He will be truly York State Bar Association regarding the fi rst three top- missed and our thoughts go out to his family. ics mentioned. As the year progresses, we intend to more fully develop our positions on each already under con- James P. Subjack sideration and to tackle other issues as they arise. NEW YORK STATE BAR ASSOCIATION Quick, convenient, time and money-saving Best practices to… resources for solo and small fi rm practitioners… SAVE TIME with NYSBA’s Web site—www.nysba.org. ENHANCE YOUR SOLO/ The NYSBA Web site offers intuitive navigation, site maps and search tools, targeted resource centers, and a customizable interface to bring you the content you
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