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Committee: Criminal Justice Operations

Court of Appeals Ruling Regarding Due Process Rights of Immigrant Defendants in People v. Peque (February 2014) ( PDF format )
Subject area: Non-citizen Defendants

Report on A.4314-B/S.3337-B, the Domestic Violence Survivors Justice Act, which would give greater discretion to judges when sentencing defendants who are survivors of domestic violence (Reissued June 2013) ( PDF format )
Subject area: Domestic Violence Victims, Sentencing of

Report on the NYPD’s Stop-And-Frisk Policy (May 2013) ( PDF format )
Subject area: Stop and Frisk

Report on A.4591/S.3138 which would require the Board of Examiners of Sex Offenders to consult a “validated risk instrument” when making its recommendation to courts regarding the appropriate risk level of a sex offender (April 2013) ( PDF format )
Subject area: Sex Offenders

Report on A.1794/S.6524 which would amend the criminal procedure law to increase the age of eligibility for youthful offender status to age 21 (Reissued February 2014) ( PDF format )
Subject area: Youthful Offender Status

Report on the codification of claims of ineffective assistance of counsel on appeal (February 2012) ( PDF format )
Subject area: Ineffective Assistance of Counsel

Report in support of amending CPL §440 to provide for actual innocence claims (February 2012) ( PDF format )
Subject area: Actual Innocence Act

Report recommending the adoption of a law or court rule requiring prosecutors to provide a written checklist ("Brady checklist") to defense counsel that details information disclosed pursuant to Brady v. Maryland (August 2011) ( PDF format )
Subject area: Prosecutorial Disclosure

Report on A.2483/S.1096 which would create the crime of luring or enticing a child on the internet (July 2011) ( PDF format )
Subject area: Child Internet Luring Laws

Report on the Crime Gun Identification Act (A.3244/S.68) which would require that semiautomatic pistols manufactured by or delivered to any licensed dealer in New York on or after January 1, 2015, be capable of microstamping ammunition (Reissued April 2013) ( PDF format )
Subject area: Microstamping Ammunition

Padilla v. Kentucky: The New York City Criminal Court System, One Year Later (June 2011) ( PDF format )
Subject area: Immigration Consequences of Criminal Convictions

Report regarding S.4472 which would codify claims of ineffective assistance of appellate counsel (May 2011) ( PDF format )
Subject area: Ineffective Assistance of Counsel

Report regarding A.7624/S.4841 which would allow for complete sealing of criminal records for a defendant whose case was dismissed at arraignment or earlier where the accusatory instrument was legally insufficient (May 2011) ( PDF format )
Subject area: Sealing of Criminal Records

Letter to the Office of Court Administration regarding a proposal to amend the Criminal Procedure Law to codify claims of ineffective assistance of appellate counsel (March 2011) ( PDF format )
Subject area: Ineffective Assistance of Counsel

Amending Criminal Procedure Law Section 440 - Claim of Actual Innocence (March 2011) ( PDF format )
Subject area: Actual Innocence Claims

Report proposing legislation that would allow for the sealing of records containing certain arrest, petty offense, and youthful offender information (February 2011) ( PDF format )
Subject area: Sealing of Criminal Records

Letter to the NYC Housing Authority regarding termination of tenancy proceedings (January 2011) ( PDF format )
Subject area: Termination of Tenancy

Amendment to County Law § 722 authorizing compensation to assigned counsel for investigating and filing appropriate post-conviction motions under Criminal Procedure Law Article 440 (January 2011) ( PDF format )
Subject area: Post-Conviction Motions

Report on A.4721/S.1267 which would require electronic recording of custodial interrogations in felony cases (Reissued February 2013) ( PDF format )
Subject area: Custodial interrogations

Report on A.5440/S.885 which would expand the geographical jurisdiction for the offenses of identity theft, unlawful possession of personal identification information and closely related crimes (Reissued February 2011) ( PDF format )
Subject area: Identity Theft

Supplemental report on A.2442/S.42 which would allow ineffective assistance of counsel claims via post-conviction motions (Reissued April 2013) ( PDF format )
Subject area: Ineffective Assistance of Counsel

Report Concerning Criminal Leave Application Procedures in the NYS Court of Appeals (December 2009) ( PDF format )
Subject area: Leave Applications, Criminal

Report recommending legislation to expand geographical jurisdiction for crimes attendant to identity theft (March 2009) ( PDF format )
Subject area: Identity Theft

Report on A.2442/S.42 which would allow ineffective assistance of counsel claims via post-conviction motions (Reissued April 2013) ( PDF format )
Subject area: Ineffective Assistance of Counsel

Report on the Merger of the Bronx Supreme and Criminal Courts (June 2009) ( PDF format )
Subject area: Court Restructuring

Report on Immigration Detainers Need Not Bar Access to Jail Diversion Programs(June 2009). ( PDF format )
Subject area: Immigration Detainers

Immigration Detainers Need Not Bar Access to Jail Diversion Programs (June 2009) ( PDF format )
Subject area: Immigration Detainers

Report on A.5142/S.110 regarding electronic recording of custodial interrogations in felony cases ( PDF format )
Subject area: Interrogation

Letters to the New York City District Attorneys expressing support for New York City’s e-arraignment program ( PDF format )
Subject area: Arraignment

Report on the Proposed Supplemental Model Justification Charges of the Office of Court Administration’s Criminal Jury Instructions 2d. ( PDF format )
Subject area: Jury Instructions, Criminal

Letter to Governor Spitzer's office regarding Rockefeller drug law reform (February 2006) ( PDF format )
Subject area: Rockefeller Drug Law

Report on legislative initiatives with regard to reviewing wrongful convictions ( PDF format )
Subject area: Wrongful convictions

Comments on the Kaye Commission Report on Indigent Defense, May 2007 ( PDF format )
Subject area: Indigent Litigants

The Immigration Consequences of Deferred Adjudication Programs in New York City ( PDF format )
Subject area: Non-citizen Defendants

Letter to the NYS Assembly Codes Committee urging consideration of the Innocence Project’s model legislation aimed at improving the preservation of biological evidence ( PDF format )
Subject area: Evidence, Preservation of

Report on A.3640/S.1977 which would amend of Section 190.30 of the Criminal Procedure Law with regard to Grand Jury rules of evidence ( PDF format )
Subject area: Rules of evidence (NYS)

Statement on the Civil Commitment of Sex Offenders: Comments on the newly adopted Sex Offender Management and Treatment Act (Senate Bill S3318 and Assembly Bill A6162) ( PDF format )
Subject area: Sex Offenders

Statement on Civil Commitment of Sex Offenders: Senate Bill S6325 and Assembly Bill A09282 ( PDF format )
Subject area: Sex Offenders