Amicus Update

Since September of last year, the Association filed amicus briefs in connection with five appeals; three to the New York State Court of Appeals, one to the Supreme Court of the United States, and one to the United States Court of Appeals for the Second Circuit.  In the Court of Appeals, we filed an amicus brief, authored by Westchester Assistant District Attorneys Tony Servino and Steve Bender, in People v. Tara Gravino which presented the question of whether a plea court must advise a defendant of the obligation, upon his conviction, to register as a sex offender under SORA.   We also filed an amicus brief, authored by Richmond County Assistant District Attorney Morrie I. Kleinbart in Hurrell-Harring v. State of New York.  Our brief addressed the impact which a declaration that indigent criminal defendants receive constitutionally ineffective assistance of counsel would have on the criminal practice in the course of a demand for injunctive relief requiring the state to provide a system of public defense that cures this inadequacy.  Finally, in that same Court, Westchester County Assistant District Attorneys Tony Servino and John Carmody filed an amicus brief in Cayuga Indian Nation v. Cayuga County Sheriff.  Our brief addressed the propriety of the institution of a collateral civil action for declaratory relief by potential criminal defendants once a criminal proceeding had commenced in connection with the defendants’ criminal activities. 

More recently, New York County Assistant District Attorneys Alan Gadlin and Christopher Marinelli filed an amicus brief prior to the en banc review of the Second Circuit’s ruling in Besser v. Walsh, which held that New York’s Persistent Felony Offender Sentencing Framework (Penal Law Section 70.10) was unconstitutional.  Westchester County Assistant District Attorneys Tony Servino and Steve Bender also filed an amicus brief in the Supreme Court of the United States in Connick v. Thompson.  At issue in Connick is whether imposing failure-to-train liability on a District Attorney’s office for a single Brady violation contravenes the rigorous culpability and causation standards announced in the relevant cases where there is no history of similar Brady violations.

We appreciate the assistance provided by the various assistants who authored the amicus briefs, often under very tight deadlines.  We are particularly grateful to the District Attorneys who have allowed their assistants to spend time on these matters of such importance to the Association.

Finally, and most importantly, if you have an issue pending in an appellate court for which an amicus brief would be helpful or if you believe the issue is one of such significance that the Association ought to be heard, please do not hesitate to reach out to the Amicus Subcommittee of the Legislative Committee. 

Amicus Briefs Filed by DAASNY

06-3550, 07-1599, 07-3588 William Phillips v. Dale Artus and Andrew M. Cuomo; Carlos Portalatin v. Harold Graham; Vance Morris v. Dale Artus and Andrew M. Cuomo - Filed by New York County Assistant District Attorneys Hilary Hassler, Alan Gadlin, and Christopher Marinelli, Richmond County Assistant District Attorney Morrie Kleinbart, and DAASNY President, Warren County District Attorney Kathleen Hogan re: persistent felony offenders.

09-571 Harry F. Connick, et al., v. John Thompson - Filed by Westchester Assistant District Attorneys Anthony Servino and Steven Bender, Queens Assistant District Attorney Edward Saslaw, and DAASNY President Warren District Attorney Kathleen Hogan re: Brady and prosecutors.

People of the State of New York, ex rel., Anthony Gill v. Gary Greene - Filed by NYPTI and DAASNY President, Warren County District Attorney Kathleen Hogan with assistance from the Richmond County District Attorney's Office and the Bronx District Attorney's Office. Penal Law Section 70.25(2-a) – must a court explicitly impose the consecutive sentence mandatory on a conviction for a crime committed while the defendant was subject to a previously imposed but undischarged sentence?

Kimberly Hurrell-Harring, et al. v. The State of New York, et al. - Filed by Richmond County Assistant District Attorney Morrie Kleinbart and DAASNY President, Warren County District Attorney Kathleen Hogan re: the propriety of litigating in a civil class action a claim of systemic ineffective assistance of counsel provided by appointed counsel.

People of the State of New York v. Tara Gravino - Filed by Westchester Assistant District Attorneys Steven Bender and Anthony Servino and DAASNY President, Warren County District Attorney Kathleen Hogan. Does plea court have to advise defendant, pleading guilty to a SORA eligible offense, that she will be subject to SORA registration on pain of vacatur of the plea as unknowing?