August 1998 Defender News

from NYSDA's Public Defense Backup Center REPORT

Immigration Manual Published
Sample copies of Representing Noncitizen Criminal Defendant in New York State and its author, Manuel D. Vargas, were the focus of attention during the Information Exchange at NYSDA's Annual Meeting and Conference at the end of July. The manual, which is in ring-binder form, was prepared as part of NYSDA's Criminal Defense Immigration Project. It is intended to assist New York State criminal defense lawyers in determining the potential immigration consequences of a criminal case for a noncitizen client and strategies to pursue in trying to avoid those consequences. With the U.S. census reporting that nearly 20% of the residents of New York State are foreign-born-many of them not naturalized citizens-the manual fills an obvious need. When accused of a crime, foreign-born individuals who are not U.S. citizens face possible consequences, such as deportation, that other criminal defendants do not.

Preparation of the manual was funded by two foundations of the Open Society Institute-the Emma Lazarus Fund and the Center on Crime, Communities and Culture. As part of the grants, one copy of the manual has been sent to each pubic defense organization in the state, without charge. Copies of the manual can be purchased through the Backup Center for $25 (less for bulk purchases).

Depressing News, Refreshing Company: The 31st Annual Conference
Public defense lawyers and others who came to Corning, NY for the Annual Meeting and Conference July 31 to August 2 were exposed to a wide variety of information in addition to the immigration manual. Formal training sessions and the materials available for inspection and ordering at the Information Exchange were supplemented by informal opportunities for attendees to discuss common (and uncommon) problems and issues. The collegial community of the conference was a welcome contrast to the besieged position in which many public defense providers find themselves day to day. Current attacks on indigent criminal defense was a topical theme, but one that strengthened, rather than dampened, conferees' commitment to their work.
DWI, ID, SORA, DNA: Training on These Acronyms and More
During the conference, 11.5 hours of approved MCLE training were presented. Peter Gerstenzang, author of Handling the DWI Case in New York, offered information and strategies on drinking and driving defenses in "Hot Topics in DWI Defense." Miriam Hibel, whose recently-published book, New York Identification Law: The Wade Hearing-The Trial, was also on view at the Information Exchange, talked about "The Identification Case: New, Noteworthy and Novel." Susan Hendricks, who has been litigating SORA issues as head of the Special Litigation Unit of The Legal Aid Society of the City of New York, brought participants up to date on the "Sex Offender Registration Act After Doe v. Pataki." Alan Hudson, a molecular biologist, made a difficult subject intelligible in "DNA Evidence: What Can It Tell You and What Are Its Limitations?" Other presentations included: Edward Nowak, "Recent Developments in Criminal Law and Procedure; " Al O'Connor, "1998 Legislative Review" [see p. 4]; Barbara Wolf, "Forensic Pathology: New Tools for the Defense;" David Lewis, "Bullet Proof Cross;" and Andrea Lyon, "Voir Dire on `Difficult Issues." The conference materials are available from the Backup Center for $25.

Cheers Amid Lamentation: The 1998 Awards
In a banquet ceremony that reflected the character of the whole conference-dedication in the face of adversity - several awards were presented on Saturday, August 1. Singled out from the many individuals and programs who have advocated for poor people in the state of New York were three recipients of Special Recognition Awards: Leonard Noisette, Neighborhood Defender Service of Harlem; David Leven, Prisoners' Legal Services; and Anne Erickson, Greater Upstate Law Project. Honoring these individuals, and their programs whose budgets were vetoed by the governor for this fiscal year, NYSDA pledged to continue to stand with them, and with their clients-our clients-in the days ahead.
The 1998 Service of Justice Award was bestowed upon John Dunne, Senior Counsel at Whiteman Osterman & Hanna and a former state senator. Respect for Dunne in the client community was demonstrated as long ago as the Attica uprising, when he was requested by the prisoners as a negotiator. That his work on behalf of poor people mired in the criminal justice system continues is shown by his memberships on the boards of directors for Prisoners' Legal Services and the Capital Defender Office, and by other public interest work. While Dunne was unable to accept his award in person due to family commitments, his letter, read by David Leven, contributed to the spirit of the evening, as did the banquet keynote remarks by NYSDA board member David Lewis.

4th Department Amends Rules
The 4th Department has amended its rules of practice (22 NYCRR part 1000 and part 1022), effective on September 1, 1998. Among the changes: Appellants in criminal cases represented by assigned counsel may file and serve a pro se supplemental brief without first filing a motion for permission to do so. Physical exhibits in criminal appeals need not be filed with the court-a stipulation identifying exhibits and the party having custody and control (and providing that the exhibits will be delivered to the court at its request) will suffice. On a motion to extend the time to take an appeal, a defendant must provide proof of service on trial counsel. On a motion to be relieved of assignment under People v Crawford, counsel must submit the papers that would otherwise constitute the record on appeal. When counsel must file notice of appeal in a criminal matter, proof of service of the notice must also be filed. Other amendments concern the procedures for CPLR article 78 proceedings, signing of papers submitted in civil matters, and proceedings to which Family Court 1121 applies. A copy of the court's notice concerning these amendments is available from the Backup Center.