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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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