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2015 Distinguished Pro Bono Service Award Recipients Presented by the Volunteer Lawyers Project of Onondaga County

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2015 Distinguished Pro Bono Service Award Recipients Presented by the Volunteer Lawyers Project of Onondaga County ONONDAGA COUNTY BAR ASSOCIATION VOLUME 60 NUMBER 5 | May 2015 CNY Philanthropy Center | 431 East Fayette St. | Syracuse, NY 13202 | Phone: 315-471-2667 2015 Distinguished Pro Bono Service Award Recipients Presented by the Volunteer Lawyers Project of Onondaga County Sally Curran, Esq. Executive Director, From left to right: Briana Fundalinski, Esq., Marion Hancock Fish, Anthony Marrone, Esq., and Volunteer Lawyers Project with Leslie Esq., Joseph Bergh, Esq., Nolan Lafler, Esq., Karla Corpus, Esq., Samantha Aguam, Esq., OnVLP Staff Bowser, Esq. Sharon Ames, Esq., Hon. George Lowe, Alex Davidson, Esq. and Attorney Brian LaClair, Esq. This year’s recipients and the area for which they were The Volunteer Lawyers Project of Onondaga County honored are: recognized the work of eleven outstanding volunteer attorneys and one law firm at the organization’s Volunteer Sharon Ames Immigration Law Appreciation and Recognition Party. The awards were Joseph Bergh Eviction & Most Overall Hours presented on Wednesday, June 3 at the CNY Philanthropy Leslie Bowser Talk to a Lawyer Clinic Center. Karla Corpus Family Law Additionally, OnVLP recognized Emilee Lawson-Hatch, who Alex Davidson Veteran Law received the NYSBA President’s Pro Bono Service Award for the Marion Hancock Fish Nonprofit Law 5th Judicial district in May. Briana Fundalinski Nonprofit Law These generous attorneys work tirelessly to ensure that those in need receive legal representation, information and assistance. Anthony Marrone Surrogate’s Court We salute their dedication and spirit of community. Matthew VanBeveren Medical Legal Clinic The mission of the Volunteer Lawyers Project of Onondaga Brian LaClair Unemployment Insurance County, Inc. is to expand access to justice by identifying and Nolan Lafler Unemployment Insurance meeting the unmet civil legal services needs of low income Bond, Schoeneck & King Law Firm w/ Most Overall Hours people in Onondaga County through increasing the pro bono More information about the organization, its volunteers and participation of the legal community. services can be found at www.onvlp.org. UPCOMING JUNE EVENTS: MISSION : To maintain the honor and dignity of YLS Reception at Small Plates Thursday | June 18 the profession of law, to cultivate social Enhanced Earnings CLE Friday | June 19 discourse among its members, and to increase its significance in Animal Advocates CLE Tuesday | June 23 promoting the due administration of Jury Selection CLE Thursday | June 25 Justice. From the President: Dear Friends, This past month, we had the pleasure of honoring newly appointed Court of Appeals Justices Leslie E. Stein and Eugene M. Fahey at a wonderful event held at the Woodcliff Hotel in Fairport, New York on May 20, 2015. What made this event special was that it was co-hosted by the Onondaga, Erie and Monroe Bar Associations as well as the New York State Academy of Trial Lawyers. It was a great opportunity to meet our colleagues from across Upstate New York and make new connections. Later that evening, I attended a dinner honoring Chief Judge Jonathan Lippman, who will be retiring at the end of this year. While addressing his guests, Judge Lippman talked about his long and stellar career and his experiences in the court system. It was clear those experiences are why Judge Lippman has been a leading advocate in the pursuit for access to justice for both criminal and civil cases. We certainly wish him well as as he nears the end of his term. Later this month, the New York State Bar Association will be holding its House of Delegates annual meeting in Cooperstown, New York on Saturday, June 20, 2015. On the agenda for the meeting is the installation of David P. Miranda, Esq. as the new president as well as several committee reports, including the Committee on Re-Entry and Committee on Women in the Law. Another report that will be presented is “Social Media Ethics Guidelines”, which was developed by the Commercial and Federal Litigation Section. All three are relevant and current topics that I look forward to hearing more about. If you would like a copy of any of these reports, please contact the OCBA office. Looking forward, we have some great events planned in the upcoming months. The Young Lawyers Section will be hosting a reception at Small Plates on Thursday, June 18, 2015. Please make a note on your calendar to stop by and meet the energetic members of this section. On July 7, 2015 they will also be hosting a CLE and reception on the Loggia located on the second floor of the CNY Philanthropy Center. With the warmer weather, what better way to spend a couple of hours and earn those CLE credits! Last, OCBA is always looking for unique and exciting CLE presentations and presenters. Do you have special knowledge in a particular area of law? Would you like to share that knowledge and earn CLE credits at the same time? If so, please contact our CLE Coordinator, Chele Stirpe at (315)579-2578. As we start our summer here in Central New York, I wish you health and happiness! Regards, Jean Marie Jean Marie Westlake | OCBA President [email protected] Telephone: (315) 479-9000 2015 OCBA BOARD OF DIRECTORS President Immediate Past President Romana A. Lavalas Jean Marie Westlake Nicholas J. DeMartino Scott A. Lickstein Hon. James P. Murphy President-Elect Executive Director Frank B. Pelosi Anne Burak Dotzler Jeffrey A. Unaitis Wendy S. Reese Aaron J. Ryder Vice President Directors James M. Williams Blaine T. Bettinger David M. Snyder Kimberly M. Zimmer Treasurer Bruce R. Bryan John T. McCann Joseph J. Bufano Ex Officio Sam Elbadawi Dean Hannah R. Arterian Secretary Paula Mallory Engel Mark W. Wasmund Deborah Sundquist O’Malley Danielle M. Fogel Stuart J. LaRose 2 VIEW FROM THE BENCH: A Sandoval Victory Lost and a Good Faith Basis Hon. John J. Brunetti There is an objection based upon the Sandoval ruling and the rule that, by taking the stand at trial, a criminal defendant Note: While the first part of this does not put his character in issue so as to allow proof of bad article is devoted to a criminal law character by the People3. issue, the second part is devoted to The correct ruling on these two arguments is “Overruled”! an issue that arises in both civil and Why? criminal cases. The defendant became his own character witness and thereby Most lawyers have either been opened the door to questioning that might otherwise have taught or intuitively concluded been precluded a result of his successful Sandoval motion. that accrediting a witness in the Who says so? The Third Department—twice—once for a beginning of direct examination is a bad act and once for a conviction. fundamental tenet of trial advocacy. Indeed, an article published by the Association of Trial In People v. Morehouse, the Court ruled that “[d]uring Lawyers of America asserts: “Always accredit your witness. defendant’s testimony, he attested to his good character by In addition to name and address, you may inquire into submitting his military service record. Therefore, he opened educational background; work history; health history; the the door to questioning concerning the prior bad act.” 4 names, ages, and school or work locations of family members; The Court cited People v. Jones,5 where “[a]fter a favorable military service; and club and organization memberships.” pretrial ruling on his Sandoval motion, the defendant took When it comes to a criminal defendant that has won a the witness stand and testified that while in the Marine favorable Sandoval ruling1, that would be bad advice. Corps, serving in Vietnam, he received [a variety of awards]”. Assume John Smith is on trial for burglary. At a pretrial The Court ruled that since the only purpose of the military meeting, the People express the intent to ask him about testimony was “evidence of good character,” the question by a criminal conviction for forgery in the third degree and the People, about the previously precluded conviction, was a prior bad act of beating his wife that did not result in an proper. 2 arrest. The court rules, pursuant toPeople v. Sandoval , that Proceedings in People v. Smith continue. the probative weight as to both topics is outweighed by its prejudicial effect. The court precludes their use during cross- “Counsel: Alright, judge, but I have another objection. examination of the accused. Court: Yes? When Mr. Smith takes the stand, assume that after he Counsel: There is no good faith basis for the question provides name, address, occupation, and family background, about the axe attack. the following ensues: Court: Very interesting!” Q. Have you ever served in the military? A witness in any civil or criminal case, whether a party or A. Yes. not, does not expose himself to cross-examination about a 6 Q. What branch? prior bad act unless the cross-examiner has a good faith basis7 to ask about it. The rule statement begs the question: A. Marine Corp. exactly what constitutes a “good faith basis” for asking a Q. What type of discharge did your get? prior bad act question on cross-examination? A. Honorable. The Court of Appeals tells us that the cross-examiner must have “some reasonable basis for believing the truth of During the middle of cross-examination, the prosecutor asks things [s/he is] asking about”,8 and that the judge makes the following question: that determination by ascertaining whether “the question Q. Isn’t it a fact that on April 30, 2015, you struck your pertains to an actual occurrence”.9 Examples of good faith wife with an axe? Continued on page 8 1People v. Sandoval, 34 N.Y.2d 371 (1974). 2People v. Sandoval, 34 N.Y.2d 371 (1974).
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