Welcome
DAASNY Welcomes New President, Franklin County District Attorney Derek Champagne
On July
10, 2010 Franklin County District Attorney Derek P. Champagne was sworn in as the new President of the District Attorneys Association of the State of New York. DAASNY would like to thank past President, Warren County District Attorney Kathleen B. Hogan for her dedicated service and welcome DA Champagne into his new role.
Posted July 12, 2010
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John R. Justice Loan Solicitation for FY'10 Released
Click on the following link to see the JRJ grant solicitation for details - http://www.ojp.usdoj.gov/BJA/grant/10JohnRJusticeSol.pdf.
DCJS will administer the funding in NYS. All applications are due from the states to BJA by July 27, 2010. For additional details on JRJ, please visit http://www.ojp.usdoj.gov/BJA/grant/johnrjustice.html.
Posted June 2010
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New York State Law Enforcement Agencies Adopt Best Practice Guidelines For Identification Procedures
Members of the law enforcement community stand together after announcing groundbreaking identification procedures.
In a unique collaboration, law enforcement agencies at all levels of government across New York State have agreed upon new statewide guidelines for identification procedures that will enhance law enforcement’s ability to solve crime and protect the rights of the accused. The adopted guidelines build on current lawful procedures and will result in more reliable and fair identifications, while minimizing the potential for misidentification. The safety of victims and witnesses was also a significant consideration in developing the protocols.
This is the first time in the nation that law enforcement agencies have proactively worked statewide to establish best practices for photo array and lineup procedures that determine whether an individual is implicated in a crime. The procedures were developed by the Best Practices Committee of the New York State District Attorneys Association with extensive consultation and input from the New York City Police Department, the New York State Police, the New York State Association of Chiefs of Police, the New York State Sheriffs’ Association, the state Division of Criminal Justice Services and the state Municipal Police Training Council. Representatives from each of those organizations and agencies announced the groundbreaking collaboration at a press conference today in Manhattan.
Individuals contributing to these procedures have years of experience in solving crimes and working with victims. Academic studies and social scientists were also consulted and provided valuable insights and suggestions. No new costs are associated with these procedures.
The guidelines take into account the diversity of police departments around the state, and can be implemented easily by small departments with fewer than 10 officers and large departments with thousands of officers. Eight New York City police precincts have implemented the procedures already, with the remaining precincts, and other municipalities in the state, to follow. The goal is to continue to review and improve the procedures as practical experience is gained and as knowledge in this area develops.
The Division of Criminal Justice Services, in cooperation with the Municipal Police Training Council, is developing a statewide training program on the guidelines for law enforcement. In addition, the New York Prosecutors Training Institute will be conducting training programs for District Attorneys’ Offices and police. Webinars and podcasts are planned to provide easy access to the training for law enforcement officers who are unable to attend training sessions in person.
Highlights of the new guidelines include:
• How to create a fair photo array and live lineup.
• How to invite a witness to an identification procedure.
• How to instruct a witness before the identification procedure in a neutral and unbiased way.
• How to display a photo array or live lineup in a fair and neutral manner.
• How to conduct a “blinded” identification procedure, or, if possible, a “double blind” identification procedure.
• How to document the results of the identification procedure.
• What to do after the identification procedure is concluded.
• The creation of new forms that guide an officer through the new protocols.
• Training on how to conduct a fair, reliable and neutral identification procedure.
Press Release 5/19/10
Photo Identification Procedures
Line-Up Identification Procedures
Posted May 19, 2010
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Child Protection Act of 2010 Introduced
DAASNY has proposed much needed legislation to protect children. New York’s penal laws fail to protect children from many serious, but unfortunately, commonly seen forms abuse. The Child Protection Act of 2010 will strengthen our ability to keep our children safe and will help us to shield them from child abusers.
S7705 / A11035 The Child Protection Act of 2010, introduced by Senator Ruth Hassell-Thompson and Assemblyperson Joseph Lentol
Posted May 10, 2010
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New York State Law Enforcement Council Announces 2010 Legislative Priorities
The New York State Law Enforcement Council has released its 2010 book of legislative priorities. The council’s members represent the
leading law enforcement professionals throughout the state, including the Attorney General of
the State of New York, the District Attorneys Association of the State of New York, the New
York State Association of Chiefs of Police, the New York State Sheriffs’ Association, the New
York City Criminal Justice Coordinator, and the Citizens Crime Commission of New York City.
Since its inception, the council has been an active voice and participant in improving the quality
of justice and in the continuing efforts to provide for a safer New York.
The 2010 priorities are:
Posted March 25, 2010
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District Attorneys Support Anti-Domestic Violence Legislation
DAASNY President and Warren County District Attorney Kathleen Hogan, Brooklyn District Attorney Charles Hynes, and Albany County District Attorney David Soares joined Senator Eric Schneiderman, domestic violence victims, law enforcement officials, legislators, and advocates on March 16 to announce support for the Strangulation Prevention Act of 2010. As DA Hogan noted, "Under the current law, a batterer can choke a victim, even leaving marks on the neck, and the only charge that we can file is a harassment that is not even a misdemeanor. This bill would allow us to hold batterers more accountable and hopefully prevent an escalation of violence. It is a welcomed and much needed change.”
Brooklyn District Attorney Charles Hynes shared his personal experience with domestic violence. "As the surviving child of the nightmare of domestic violence I have spent two decades trying to make sure that no woman suffered the way my mother did and no child has to endure the frustration and helplessness I had while watching my mother regularly beaten, choked and verbally abused by my father, a vicious and controlling batterer. I am grateful that State Senator Schneiderman's leadership in closing this loophole will bring another measure of solace and protection for victims of domestic violence and for their children who are forced to witness this evil.”
Posted March 16, 2010
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Seven Outstanding Prosecutors are Honored at DAASNY Winter Conference
Robert M. Morgenthau Award Winners
Region One Morgenthau Award Winner David O'Keefe with former Manhattan District Attorney Robert Morgenthau and current Manhattan District Attorney Cyrus Vance, Jr.
David O'Keefe, Senior Trial Counsel at the Manhattan District Attorney's Office, has been a prosecutor for 14 years. He is a leader and an innovator in strategies designed to prevent crime. ADA O’Keefe understands that fairness does not happen simply because ours is an adversarial system or because an individual prosecutor is a fair person. A fair system requires a fair result in every case - one that emphasizes safety to the community balanced with the possibility for a defendant’s rehabilitation. And a fair and just result requires effort and work by all assistants to learn about the individuals they prosecute and to understand the defendant’s role, if any, in the violence affecting our communities.
Lois Raff, Counsel to the District Attorney at the Queens County District Attorney's Office, has been a prosecutor for 31 years; she has been DAASNY's Legislative Secretary for 18 years. ADA Raff has fought tirelessly to successfully pass groundbreaking legislation such as the Sexual Assault Reform Act, Course of Sexual Conduct Against a Child, and DNA expansion. In fact, she has worked on virtually every piece of criminal justice legislation that has passed in the last two decades on behalf of DAASNY. ADA Raff's commitment and contributions to DAASNY, as well as the criminal justice system of the State of New York, cannot be measured. She has, and continues, to selflessly fight for the pursuit of justice through reaching out to victims and the community, diligently monitoring legislation, and leading the charge to make New York State a safer place to live.
Philip Mueller, Chief Assistant District Attorney at the Schenectady County District Attorney's Office, has been a prosecutor for 20 years. He was Editor-in-Chief of the Cornell Law Review, clerked for a US District Court Judge in Oregon, and worked for a large Boston law firm before joining the Schenectady DA's Office. ADA Mueller is both an expert trial attorney and an appellate advocate who has served as a Legislative Secretary of DAASNY since 2000. As a leader in prosecutorial ethics, he recently became the chair of DAASNY's Ethics Subcommittee. ADA Mueller has authored numerous opinions that have been adopted by DAASNY. He has shared his expertise through frequent lectures for the New York Prosecutors Training Institute on topics such as uncharged misconduct evidence and hearsay after Crawford. Albany Times Union "Schenectady Prosecutor Honored" February 3, 2010.
(Dominic) Rick Trunfio, First Chief Assistant District Attorney at the Onondaga County District Attorney's Office has been a prosecutor for 19 years. ADA Trunfio joined the Onondaga DA's Office after a career in the US Navy. He has been a leader in the creation of Onondaga's Forensic Science Center, evidence collection practices, and Cold Case Task Force. A national expert, ADA Trunfio has lectured across America on the topic of child physical
and sexual abuse. He has provided extensive assistance to prosecutors statewide through teaching at NYPTI and actively participating in DAASNY, working to help all prosecutors maintain our high standards.
Frank S. Hogan Award
Recently retired Sullivan County District Attorney Stephen Lungen received the Hogan Award for his 28 years of dedicated public service as DA. Lungen is a decorated Vietnam War veteran who was an officer with a helicopter assault unit. Lungen applied lessons from his experience in Vietnam to his position as DA. "As a combat commander, you're the first one in and the last one out, you always take care of the people in your command, you never ask anyone to do anything you wouldn't do yourself, and you lead by example," said Lungen. Upon graduating from Brooklyn Law School, Lungen became an Assistant District Attorney in Sullivan County. He briefly worked at a private firm, during which time he was a Special District Attorney in Sullivan County for two murder cases and the subsequent appeals. In 1982 he became Sullivan County District Attorney, a post he held with integrity and dedication, until his retirement in 2009. Lungen was a dedicated member of DAASNY, serving as Vice President as well as on the Board of Directors. He brought numerous reforms to Sullivan County; he created a Stop DWI program, formed a family violence response team, and initiated rehabilitation rather than incarceration for alcohol and drug abuse cases. Lungen personified the honest, compassionate, and ethical prosecutor. He inspired his colleagues and created public confidence in the fair administration of justice.
Lifetime Service Award
Retired Yates County District Attorney Susan Lindenmuth received
the Lifetime Service Award for her years of dedicated service to DAASNY, to New York State, and to the citizens of Yates County. Lindenmuth began her career in law in private practice in Penn Yan, NY, where she spent much of her time as a law guardian. She then became the Assistant Yates County Attorney for Juvenile Delinquency and People in Need of Supervision (PINS) proceedings. In 1994, she became the First Assistant District Attorney in Yates County, and then was elected District Attorney in 1996. Lindenmuth is a founding member of the Yates County Sexual Abuse Task Group, the Yates PINS Diversion Committee, and the DA's Victim Impact Panel Committee. She has served as a member of numerous boards and committees, including the Domestic Violence Task Group and Stop DWI Committee. Lindenmuth has lectured on the topic of prosecution of sexual assault and domestic violence cases. She plans to continue to work on domestic violence issues in her retirement.
2010 Champion for Children Award from Fight Crime Invest in Kids
Brooklyn District Attorney Charles J. Hynes was presented the 2010 Champion for Children Award from Fight Crime Invest in Kids by Saratoga County District Attorney James A. Murphy, III. DA Hynes has led a number of initiatives and programs to protect children and attempt to keep them out of the criminal justice system. Through alternatives to incarceration, re-entry, and rehabilitation programs, DA Hynes hopes to reduce recidivism and better protect the public. As DA Hynes said, his Youth and Congregations in Partnership program (YCP) "gives [youth] the helping hand they need to get back on the right path." DA Hynes began YCP in 1997, it promotes rehabilitation and the reduction of recidivism among court-involved at-risk youth, who get a second chance with the help of volunteer mentors and comprehensive services such as conflict resolution and career training. He has called for legislation to support funding for programs to decrease the risk of child abuse and neglect, and after school and pre-K tutoring and mentoring programs. Fight Crime Invest in Kids is an anti-crime organization consisting of more than 5,000 police chiefs, sheriffs, prosecutors, attorneys general, law enforcement leaders, and violence survivors, committed to putting dangerous criminals behind bars.
Posted February 3, 2010
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District Attorneys Crack Down on Unemployment Insurance Fraud
District attorneys in Central New York, the Mohawk Valley, and the Southern Tier regions, along with the State Labor Department and dozens of law enforcement agencies, are working to bring unemployment fraudsters to justice. State Labor Commissioner M. Patricia Smith announced 53 arrests in the regions for theft of nearly $250,000 from New York State's Unemployment Insurance trust fund in 2009. To make an anonymous report about fraud against the Unemployment Insurance fund, call the Department of Labor's toll-free hotline (888) 598-2077.
Posted January 14, 2010
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DAASNY Welcomes Six New District Attorneys
On January 1st six new district attorneys took office around the state. DAASNY would like to welcome Cattaraugus County District Attorney Lori Rieman, Essex County District Attorney Kristy Sprague, New York County District Attorney Cyrus Vance, Jr., Seneca County District Attorney Barry Porsch, Sullivan County District Attorney James Farrell, and Yates County District Attorney Jason Cook.
Posted January 4, 2010
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"Leandra's Law" Passes New York State Senate and Assembly, Signed Into Law By Governor Paterson
“Today, our government efficiently worked to protect its people by enacting comprehensive legislation that will enhance penalties for any drunk driver who has a child in the vehicle and requires ignition interlocks for all DWI defendants. The District Attorneys Association commends Governor Paterson for his leadership on this issue and applauds the Senate and the Assembly for recognizing its importance to public safety.”
-Warren County District Attorney Kathleen Hogan, President of DAASNY(11/18/09)
Warren County District Attorney Kathleen Hogan, President of DAASNY (center left) at a press conference for the signing of Leandra's Law with Assembly Speaker Sheldon Silver (left), Governor David Paterson (center right) and Leandra's father, Lenny Rosado (right) on November 18, 2009. Photo courtesy of New York Executive Chamber.
Leandra's Law (pdf)
Governor Paterson's Press Release: Governor Paterson Signs Groundbreaking DWI Legislation Into Law (pdf)
MADD Press Release: MADD Praises Governor, State Legislature for Historic DWI Law (pdf)
Assembly Speaker Silver's Press Release: Silver, Assembly Members Join Lenny Rosado, MADD, District Attorneys To Announce Introduction of Toughest DWI Law In Nation (pdf)
Posted November 18, 2009
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DAASNY Honors Manhattan District Attorney with Creation of the Morgenthau Award
On September 2, 2009 hundreds of prosecutors gathered on the steps of the courthouse in Manhattan to celebrate the centennial of the District Attorneys Association with the creation of the Morgenthau Award. District Attorneys Association of the State of New York President Kate Hogan, of Warren County, said: “Today, the District Attorneys Association celebrates its 100th anniversary. On our centennial, we are pleased to gather our members from across the state to honor our colleague Robert Morgenthau who, for more than one-third of our existence, has served with great distinction as District Attorney for the people of New York County. By his tireless efforts over the last 35 years, he has left an imprint on the community of prosecutors who are here with us today and who serve all over our state, from New York City to Plattsburg and from Albany to Erie. He is truly an inspiration to every attorney past, and present, who has the extraordinary privilege of serving as a prosecutor.”
President Hogan added: “DA Morgenthau’s influence, however, far surpasses the confines of this county. For decades he has been a driving force behind legislative initiatives that protect all the people of our state. By establishing the Law Enforcement Council, DA Morgenthau brought members of the law enforcement community together to share ideas and advance improvements to our criminal justice system. More than any other contribution, DA Morgenthau has long been a beacon of integrity, compassion and humility for every prosecutor to emulate. He has never given less than his all and never in anything less than a dignified manner. DA Morgenthau reminds all of us, by his example, that while we have an ethical obligation to zealously prosecute, our duty is to render justice, not merely secure convictions. It is for this reason that the District Attorneys Association, by unanimous vote, created the Morgenthau Award to be presented to outstanding prosecutors, four from designated regions of the state, who best exemplify that ideal.”
District Attorney Hynes said: “I am proud to be a member of the association that is the voice of the state's innovative prosecutors devoted to public safety and justice for all New Yorkers. Creating this award and naming it for my good friend Robert Morgenthau ensures that future generations of prosecutors will honor his legacy.”
District Attorney Robert Johnson said: “On this 100th anniversary of the New York State District Attorneys Association, I want to express my gratitude to current and former District Attorneys and Assistant District Attorneys from all over the state, whose commitment to justice and public safety has been constant throughout the years. We are also here to thank and recognize the venerable Robert Morgenthau, whose outstanding service has been an example to us all, and whose legacy will continue to inspire prosecutors in times to come.”
District Attorney Richard A. Brown said: “Bob Morgenthau is the undisputed dean of New York State’s prosecutors. His reputation for excellence in the prosecution of criminal conduct and the investigation of criminal activity is legendary. It is therefore only fitting that in celebrating the centennial year of the District Attorneys Association, we also recognize Bob for his many years of service to the people of New York. For it is he who has set the standard for all of us for professionalism and for making certain that justice is done.”
District Attorney Daniel Donovan, a former prosecutor under Mr. Morgenthau, said:
“Like thousands of young attorneys across the country, I had the opportunity to begin my career as a prosecutor under DA Morgenthau in 1989. Such is the bond of the alumni of his office that many of us still deferentially call him “Boss." I was grateful for his wise counsel when I was a young prosecutor and also many years later when I was able to call upon him as a fellow District Attorney. As our Association celebrates its 100th anniversary it is fitting and proper to recognize Robert Morgenthau, who provided inspiration for generations who saw no greater calling than doing justice in the name of the people.”
District Attorney Morgenthau said: “I am honored that these awards are made in my name. I think it is important to recognize outstanding Assistant District Attorneys throughout the State who live up to the credo of protecting the public and administering the laws fairly without fear or favor.”
Additional photos of the event.
Posted September 2, 1009
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