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38 Nassau Law. 1 (1990)

handle is hein.barjournals/nassau0038 and id is 1 raw text is: (D NASSAU LAWYER iJanuary, 199O TIIIJOURNAL OFTUIRI BAR ASSOCIATION OP NASMSU COUNTY, N.Y., INC. SERVING THE LEGAL PROFESSION AND THE PUBLIC SINCE 1899. Constitutional Law Panel Highlights Defendants' Rights fly Michael A. Clana, Esq. OnSatuday. Dec 2,1989.aCosmtinaI Law Conferelnel wls held at Hfaosr Law School, which focused on the Conslitu. lotnri rights or crininal defendans, rie monlnsesslon wasdevoled to an update bylHtm LawlProfessors Ieon riedman andi David lellinofrecent fedrialand New york Stale Court declsons respectlin the 41h, 51hand 611 Antendmensnnd ttneluw iet',ectslt claims or ineffective assistance orcounsil. Rseeatyenlreled Supreme Court Justice Marvin F. Segal. Newly.leclcd Supreme Court Justice Mtarvin. Segalha.shdover 36yearsofin. leniive experience In the legal professlon. After receiving his law degree from the Untveet yofMiamniln 1952, tesasndmlt. led to theFlorida Bar. Ilethen served as a Captain In the Judge Advocate teneral's Department orthe 1.. Air Fore. Follow. Ilnglslulthasge trm the Air force, Judge Segal joined the firm of Standard, Wehbe, liechetlngand Rosow, where for 29yeals. as an ansocate and then patner, heaspecitalized Inlhe trialo fAdmirilyand By Ianey s, etvnson, Fsq, No one gues to tial Although perhaps anoverstatenten, the fact h that 95 percent of all defendants in criminal cases give up their right to trial and instead plead guiltly. In mnst Instances, derense counsel have negollaredanduced plea on behalfort heir clientS.Suce sful plea negtialtingisa skill often needed, bitl rrquenlly neglected. Continuinglegal education clsseshave cred all aspects of criminal litigation. flowccr, to date, there is a dearth ofpro. graroson what criminal attorneys do mast: plea brgain, On March 3, 1990, the Academy of Law wlliuffer40awy rs the unqueopporunty n paiticipa tein slmulated plea negotiations and allocullns, Prior to attending the seminar each lawyer will be given a file to study and review, livery participant will The cufereuc materials Wncanded lists of cases now pending before the United Slates Supreme Couil Involving 4th. 51h and 6thAmendment riglhts and adiscusslon orNew York Staecaselaw, which, invse Instances, provides for broader Conslitu. oal prolection under our Slate Censtie tiones Rellance upon the provisiaisofourSlate Constitution h.sbecome Increa higly tin- portaatrtarinolnadeeaseadvct Pm- ressor Frledman explained thai the United lsurance cases In all of the local, federal und appellnccourts. JudeSe galwsanar- bitrator for the American Arhlralloll Assoclatlon for t0 ears, and in 19fiserv- d n1 as Master In Civil Court, New Urk County, prdesiingover tort andcmncral litigation. He Is co.athor oftilc phblica. lion The Rioht of Mnvinae Repohrncn tosa ' rawrthyS hrel. OnFehrnary21, 191). JudgeSglao was appointed to Ih Nassau County District Court bench, andlater that year, was elected to a full ter. In 1999, Judge Segal was elected President of the Naslsau County District Coat Judges' Association. tIe also served as Acting Supervising Judge of the District Court. ActinS County Court Judge for Nianssa County, and ActinirCrilmnalCourt Judge in theCity of New York. Judgo egal ita memberofthe American BarAssocoltion, New York State Bar Association, Nassau CountyllarAsoclation, Jewis h Lawyers of NasmuCounly, Florida Baruand Marilme Law Association of the United Slates JudgeSegal hasaaoserovds a member of the Nassau County American Revolu. lion Bicentennlatl Commission from 197S.T977t Vice Presldent, Counsel and member of the Board of Direcltors of N.sau.Suffolk Division o fCytl Fill si from 1978-1983; and as a member of the Nassau County Iruman Rights Commit. aon rom 1980-1983, He Is a past District Depty Gand &faster ofbtherth Mastnie District of Manhattan. a memberof the Board of Uireclors or the Kiwanis Club of NewilydePark, hauservedonthelonrdof Trustees or t'eat b'rith (North Ilils Lade), and belngp to the Shelter Rock Jewih Center. Judgeand Mts.calleside with their two children, Joel and Lia, in New Hyde Park. then negotiate a reduced pica and h criti. qued by a panel orjudgsm alstandstrict allorneysand CountyCourt lawecrldares. At the seminar, participants will learn horrtomna spesrua sgemueat tobta the prasecvlorandthecourt. Duflngihese- cond part of the program, selected par. lielpants will eter, on behalf of their clients, pleas of guilty before a County Coaurt judge. A dscnssion concerning the elemetsoftheallocullon and preparaton of a client for the plea will follow. The program Is limited to 401swyerand early tegislmtanis advtscd.Secyuuln can- ferece on March 5lhI lHarvey B. Levlnson is Chief of the Na.sau CrtvyDistrlctdA ttorne'ICaun. tyCour PlallBaveot and 7hesurraflhe iossa Academy of Law. States Suprenme Court over tihe years has nor towed thescope and applicabilitya the Costtltlonal protectiontemtorlied In the Bill or Rights. For example, In Fourth Amendment jurisprudence, the Supreme Ccrit haslintledsaecsandcizuleeaims thraugh vanas devices. Thu, onlyasmall class or defendants Is said to have stand- ins to challenge police aceions undertaken outside ora perso's own home. Claims by many a person have been rejected on the ground that the person lacked asufficient privacy Interest to be entitled to protec. lion agalnst an unreasonable search and selrure StiIllothterscarchandselzurecalims havebeensubjected lot theso-called aood faith' ecxepdon tot he excusiunary rule. In hc fleld of confessions, Ihepolicyground. work undetlyingthlmnerladeciionnnd theright iocounsel pcmdessimilarly has been chipped asay over revcel years. The NewYtrkCourton theother hand, haveshownsomewhat greater sensitivity to tie public policy mplications of giving polieeorcersa totally freianoversear. chec and selcres and qacstioning or sUSpeclts.The New Yoekcaseleawhigitrsnel ly nore tib'rl, with respec to a person's standing to contest a vehicle search. The caelawreqriuunls forwarm tsoebln*n- ed on the ba'is of Inornmtllm from on In formant Is stricter than under federa law. Ourcourtsdonot recognizes good faI exception to the exclusionary rule. And custodial inerrogation of a person represented bycounseleven lnan unrelated matter, Is generally proscribed by our courts. Professor Yelin concludd the morning session with a discussion oftheslindards for establishing a claim of Ineffective asistance ofcounsel,andperhaps mnnsim- portantly. of the steps counsel should lake to ensure that the representalon previded Is, Indeed, effecllve An allorneywhocom- munleatenswilh hisor her clientmesllca (belawandthe faclsand makes reasonabte saetscjudgrnets rarely, If ever, will be deemed lneltf cti'. The luncheon was held at the tlohstra Studen Center, Inuddillortolhtseriiuar attendees and Professors Friedvtan and Yeltin, Appellate Division Jutqli Vitcert R. falletta, Jr., Lawrence J, Ihscl, cn. Stanley llarwood, OnyJ. Matgnnoantl Ar. thOur D. Spolt were In anlendsnce. TIte n Dean of tlofstra Law School, Start Rabinowitz. utroduced Frankh nnnlll, the president or the Nassau County liar Association, who made n presrtnflton In the Appellate Divisilis Justices. There was a short program at wich Dean Rablnowitz stated that he was hppy to wnbh itthe organized flat inthucauutynddlhNssnnsi Academy of Law and hoped that there would bemanyconiiiringlealeuttcalrn programs run In conjuctlon witlleI w organizations in Ite near fature, justce Mannamoacceped ieproclmatlon Front the Nassau County Bar on beihalf of tire Justices of the Appellate Division nd strke briefly, stressing the need for nore attorneys to become engaged in appellate work through the Assfgned Counsel iefender plan. The afternoon sessiron htgan with presenation by Nanu legal AidSoclety Appeals Bureau Chief Kelt Mimica and Suffolk District AtlorneyAppralslhitcan Chief Mark Cohen neardhoacrindal ap' peals' procedure nrd advocacy and con. eluded with a moot court argument before Justices al1elta, Bracken, IHarwood. Mangano and Spat. The justkes and the attorneys Involved provided hoetn atllendacewithat verlh ofrpacticailafortation. Kel Mostra ar. dresed queslions, such as: how to asicm. ble the record; how to respond to a client who wants yo to raise non reritarios issues; how to structure the Statement or facts In your briefr and howto handloquoc. lons from thejustces at oral argmtent. MarkCohen, lntsrnexplaned thotJLslct Attorney's office policy on respondents' (canllnuod on page 15) Federal Courts Committee Hears from the Justice Department By Matitn Uoduldlh, Es., Chair menl, The awards total many millions of The Federal Courts Commitleeofihe dollars, Includinasveneeamillnndollnr Nassau County Bar Association held Its civil recoveryinthe Plum Island case.his +iat u1trltng of the 1919.90 season. The represented arecord recoveryf rtieiUnlled featured speaker was RobertI LRsso, the States at that time. Assistant Unird Stlates Attorney In charge Areas to be Invetligateed ofthe Long Island Regional Ofice ror the Mr. LaRusso informed tIe Conillec United States Attorney, Eustern District of that many ciminer prosectlons, former. NewYrbk.A proscutorfnileceneyeas, ly handled In Brooklyn, wilt now he Mr. .aRtusrobeganhiscrewhhNew originated, Invesligaled and tried on Long 'orh Conaty Distr~ct AtIorncy, and has Island, AlrcadyunderwaylsthecaseftU.S, handled may mjorcrlmnucaes. Mast v. Target Rock. The defenden Is a sub- reent ly, heheadedIctriatleamwhchwon sidlaryoflheCurlissWrght Corporation, onictlionagaiast leade oftIh eambino and thecaserepeuensa major proeeulion cdme ranily. Mr. L Rusos olnedat the ofoneofteounlry'slcadinderosecean- speakers' labie by Asslatan United Sates traclors.The Long Island ReionalOllce Attorney Peter liarco, is also expecled to taben largescale diug operations, white collar crime, oraned Regional Expanaion crime and political corruption cues. The Committee was told that the Long IslaoandeFincabeinnSubslantiallvun .-d. - -o, ed. Six assistants are currentlyiasigeed tn a full lime basis and additional appolnt' ments arc expected In the near future. Moreover, the twojudges preeutlysitllng on Long Island will soon be joined by a third, proably Judge Thomas C Plait. Mr. L.aRnsso explained that Ihe civil branch orhiofflce has been eceptionally active. (leaded by Assistant Unted States Attorney Robert lIegleleir, they recovered more moneyduring 1917 and 19891lanany other distrlet office of the Justice Depart. INMEMORIUAM Ils with sorrow that we record Ihe paus- ing of our members: Hon. Frank A. Oulollad., 12/10/89 lion. Myron N. Steinberg d., 12/8/89 Louis Rappel, Bt..sI., Id1/ /89 Segal Elected Justice Of State Supreme Court Plea Bargaining Seminar Set ./ I

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