An illustrated history of daasny rosenblatt by NYPTI

THE NEW YORK STATE

DISTRICT ATTORNEYS

ASSOCIATION:

An Illustrated History

ALBERT M. ROSENBLATT Poughkeepsie, New York

To Julie, for her inspiration, and to our daughter, Betsy, now a law student, who attended her first district attorneys' summer convention when she was two months old.

At the outset I extend my deep appreciation to Dick Brown, the District Attorney of Queens County, who became President of the New York State District Attorneys Association for 1997足 1998. The prospect of compiling a history of the Association has been brewing for a long time, but it was Dick Brown, my friend and former colleague, who encouraged the project and who recognized that the Association would be well served by creating an archive of its activities.

Preface by

NEW YORK STATE DISTRICT ATTORNEYS ASSOCIATION

PRESIDENT RICHARD A. BROWN

When Justice Albert Rosenblatt told me about his plans to write a history of the New York State District Attorneys Association, I recognized two things immediately -- that it would be an enormous and difficult undertaking and that if anybody could actually get it done it was AI. The results of Al Rosenblatt's years of research are contained in this volume and they are remarkable. He has by incredible persistence, hard work, cajoling and some fascinating detective work put together almost 90 years of our Association's history and captured both its substantive achievements and its spirit. It is a funny, moving, interesting and thorough account of the Association's ups and downs, of the men and women whose vision and commitment to justice gave the Association its direction and driving force and of both the noble battles it has fought and the bonds of friendship and camaraderie it has forged over these many years. Digging in libraries, writing to historical societies and relatives of Association members, perusing decades old newspapers, doggedly culling through pictures, facts and personal anecdotes and persuading many with information or insight to tell their stories, Al Rosenblatt has rescued invaluable material from the Association's past and insured that it will be preserved for future generations. I know that I speak for hundreds of prosecutors past and present when I express our heartfelt gratitude to Al for this work of love which means so much to us. It is comforting to know that District Attorneys and their assistants during the Twenty First Century will have easy access to history of the Association's first century -- the legislative battles, the glorious victories, the ignominious defeats, the practical jokes, the unforgettable softball games, and, most of all, the people involved. Our Association has changed in many ways over the years -- it is larger, more diverse, more modem and technologically adept -- and yet we can find much that we still have in common with Beecher Clother and his colleagues who founded the Association in 1909. The Association will undoubtedly continue to grow and improve in the years to come, but I hope that through this volume we will remember the issues and values that brought District Attorneys together so many years ago and keep us strong and united today. And so, with unending thanks to our colleague and good friend Al Rosenblatt, I invite you to read and treasure this wonderful book and join me in beginning to create a rich and impressive sequel during the New York State District Attorneys Association's second century. Richard A. Brown 4

PREFACE This is an irregular chronology of the New York State District Attorneys Association. It is pieced together from a potpourri of materials that would have been lost, destroyed, or unidentifiable, were it not for the thoughtfulness and preservational instincts of a handful of former members, who, when called upon, pitched in. Producing a complete, comprehensive history of the District Attorneys Association would be an insuperable task, at least for this writer. It is not for want of enthusiasm, only for want of data. From the inception, the Association has had no record repository or archives. The files, or so much of them as have been relevant and topical, have been transmitted from Association President to successor President. The business is done, and the surplusage is shed. This keeps the files mercifully lean, free of swollen documentation, and easy to deal with, but it is not a historian's paradise. As non-historians, it now seemed to us to be the right time to amass whatever is reasonably obtainable, and put it into some kind of permanent form. The format follows a generally chronological ordering of the documents and photographs. For sure, there are many more out there, somewhere; perhaps in attics, warehouses, abandoned buildings and, quite possibly, within grasp. Information and documents from readers would be welcomed. Supplements are a way of life. The history of the state District Attorneys Association and the state's history of District Attorneys (or public prosecutors) are two very different things. Many of us had the idea that the Association began "back in the thirties," but no one seemed to know just when, or where. Actually, it is older than that, and we have reliable evidence as to its creation in 1909. On the other hand, the history of public prosecution in this state goes back, as one might imagine, a good deal further. Other than to establish the context for the creation of the New York State District Attorneys Association, this work is not a history of the state's District Attorneys. Histories of that kind have been attempted by several writers, who have produced informative pieces. Researchers may consult a number of treatises, including Law Enforcement in Colonial New York (1944) by Julius Goebel, Jr. and T. Raymond Naughton, as well as Abraham S. Goldstein, History of the Public Prosecutor, in 3 Encyclopedia of Crime and Justice 1286-89 (Sanford H. Kadish ed. 1983). There are some general works that address the state's prosecutorial antecedents, such as "The Origins of Public Prosecution at Common Law," by John H. Langbein, 17 Am. J. Leg. Hist 313 (1973), and the article by Douglas Hay in the Modem Law Review (Vol. 47, No.1, January 1984) entitled "The Criminal Prosecution in England and Its Historians." There is also the excellent volume entitled The American Prosecutor by Joan E. Jacoby (Lexington, Mass., Lexington Books, 1980), and her four part series on "The American Prosecutor" (The Prosecutor, Vol. 31, Nos. 3, 4, 5, 6, May-Dec 1997, National Dist. Attys. Assoc., Alexandria, Va). 5

Beyond that, there have been a handful of decisions that touched on the history of the office of District Attorney in New York State, in the context of the particular litigation involved (e.g., Spielman Motor Sales Co. v. Dod~e, 295 U.S. 89 [1935]; People ex reI. Eldred v. Palmer, 154 N.Y. 133 [1897]; People v. Tru-Sport Pub. Co., 160 Misc. 628 [1936]; People v. Fuller, 156 Misc. 404 [1935]; People v. Kramer, 33 Misc. 209 [1900]; and Fellows v. New York, 8 Hun 484 [1876]). And, of course, there is Charles Z. Lincoln's Constitutional History of New York, with relevant passages in Volume 2, pages 528-530, and there are ancillary writings of one kind or another (e.g., M. Ploscowe, Manual for Prosecuting Attorneys, with an introduction by Frank Hogan [New York, Practicing Law Institute, 1956]; and The Role of Prosecutors in a Changing Society [Chicago, Natl. Dist. Attys. Assn., 1973]). There are also the now quaint editions entitled The Human Side of the People's Case, a quarterly journal published by William C. Dodge, the New York County District Attorney, in 1936 and 1937. The project has been a lot of fun. The old pictures, the correspondences, and other memorabilia rekindled warm remembrances of some very good events and some very good people. I extend my special thanks to Elliott Golden (Kings), and Anthony Girese (Bronx), Hank DeVine (Nassau), Howard Relin (Monroe), Tom Sullivan (Richmond), Burt Roberts (Bronx), Bohn Vergari (New York), Dick Kuh (New York), Seymour Rotker (Queens), Leonard Rubenfeld (Westchester), Joe McCarthy (Erie), Bill Donnino (Nassau-Kings-Bronx), Thurston Greene (Dutchess), Karen Fisher McGee (Richmond), Arthur Muhlstock (New York), Paul Kane (Schoharie), Donald Mawhinney, Jr. (Onondaga), Jerrold Neugarten (New York), Oscar Blaustein (New York), Sol Greenberg (Albany), D. Bruce Crew (Chemung), John F. O'Mara (Chemung), Jack Schachner, and Karen Morello for their help, and much appreciation to Tom Regan of Albany, Andrea Schulman of Queens, and Jillian Spitzer and Michael Degree of Richmond, who helped as well. Thanks also to some of the Association presidents' progeny, who provided materials, and to the Corcraft people for their diligence. I extend special thanks also to those who worked closely with me, notably Terry Pullaro, Inez Tierney, Michelle Schauer, and Lois Raff, for their tireless efforts in connection with the preparation of the manuscript. A.M.R. Poughkeepsie, New York June 1998

PRESIDENTS of the NEW YORK STATE

DISTRICT ATTORNEYS ASSOCIATION

1909

William T. Jerome

New York County

1910

Francis A. Winslow

Westchester County

1911

Rollin B. Sanford

Albany County

1912

George H. Bond

Onondaga County

1922

Joab H. Banton

New York County

1923

William F. Love

Monroe County

1924

William F. Love

Monroe County

1925

William F. Love

Monroe County

1926

William F. Love

Monroe County

1927

William F. Love

Monroe County

1928

William F. Love

Monroe County

1929

William F. Love

Monroe County

1930

William F. Love

Monroe County

1931

William F. Love

Monroe County

1932

Austin W. Erwin

Livingston County

1933

Nathan D. Lapham

Ontario County

1934

Frank H. Coyne

Westchester County

1935

Nathan D. Lapham

Ontario County

1936

William H. Munson

Orleans County

1937

Samuel J. Foley

Bronx County

1938

Elliott A. Horton

Livingston County

1939

John R. Schwartz

Dutchess County

1940

Daniel J. O'Mara

Monroe County

1941

Edward J. Neary

Nassau County

1942

Donald M. Mawhinney

Onondaga County

1943

Walter B. Reynolds

Chemung County

1944

Carl J. Hynes

Jefferson County

1945

Samuel J. Foley

Bronx County

1946

leo J. Hagerty

Erie County

1947

Frank S. Hogan

New York County

1948

J. Clarence Herlihy

Warren County

1949

Miles F. McDonald

Kings County

1950

Robert O. Brink

Broome County

1951

George M. Fanelli

Westchester County

1952

Wallace J. Stakel

Genesee County

1953

George B. Deluca

Bronx County

1954

Frank A. Gulotta

Nassau County

1955

Carleton J. King

Saratoga County

1956-May 1956

Harry C. Brenner

Suffolk County

1956

John F. Dwyer

Erie County

1957

Edward S. Silver

Kings County

1958

T.PaulKane

Schoharie County

1959

Abraham S. Isseks

Orange County

1960

Raymond C. Baratta

Dutchess County

1961

Frank D. O'Connor

Queens County

1962

John T. Casey

Rensselaer County 8

1963

John M. Braisted, Jr.

Richmond County

1964

Isidore Dollinger

Bronx County

1965

Paul H. McCabe

Chemung County

1966

Leonard Rubenfeld

Westchester County

1967

William Cahn

Nassau County

1968

Michael F. Dillon

Erie County

1969

Angelo J. Ingrassia

Orange County

1/1970 - 6/1970

Joseph P. Torraca

Ulster County

1970/1971

Robert R. Meehan

Rockland County

1971/1972

Burton B. Roberts

Bronx County

197211973

John F. O'Mara

Chemung County

1973/1974

Carl A. Vergari

Westchester County

1974/1975

Albert M. Rosenblatt

Dutchess County

1975/1976

Eugene Gold

Kings County

1/1976 - 8/1976

Jon K. Holcombe

Onondaga County

1976/1977

D. Bruce Crew, III

Chemung County

1977/1978

John M. Finnerty

Steuben County

1978/1979

Patrick D. Monserrate

Broome County

1979/1980

Thomas R. Sullivan

Richmond County

1980/1981

Edward C. Cosgrove

Erie County

1981/1982

Robert M. Morgenthau

New York County

198211983

Sol Greenberg

Albany County

1983/1984

Richard A. Hennessy, Jr.

Onondaga County

1984/1985

Kenneth Gribetz

Rockland County 9

1985/1986

Patrick Henry

Suffolk County

1986/1987

David A. Wait

Saratoga County

1987/1988

Richard J. Arcara

Erie County

1988/1989

William L. Murphy

Richmond County

1989/1990

Howard R. Relin

Monroe County

1990/1991

Denis E. Dillon

Nassau County

1991/1992

James T. Hayden

Chemung County

199211993

Robert T. Johnson

Bronx County

1993/1994

Kevin M. Dillon

Erie County

1994/1995

James M. Catterson, Jr.

Suffolk County

1995/1996

Charles J. Hynes

Kings County

1996/1997

Francis D. Phillips, II

Orange County

1997/1998

Richard A. Brown

Queens County

Public Prosecution in New York:

The First "District Attorneys"

A brief account of New York's development of public prosecution services will help set the stage. Public prosecution in one form or another existed since the first settlements in the seventeenth century but, for the purposes at hand, a later starting point is appropriate. On February 12, 1796, the New York State Legislature passed a statute providing for "the more due and convenient conducting public prosecutions, at the court of oyer and terminer and gaol delivery, and general sessions of the peace."} Under the enactment, an Assistant Attorney General was to serve in each of seven "districts." These districts were: Suffolk Queens Kings Richmond Westchester

Columbia Rensselaer

Orange Dutchess illster

Albany Saratoga Montgomery Schoharie

Washington Clinton

Tioga Onondaga Ontario

Otsego Herkimer

lL. 1796, ch. 8.

• atlaiD' And 6t il /"rl"tr maclttl, That aCter the passing of this act, inste~d ;!.~... o( the clerk of the slIpreme court, the c!erks of the court of ol'er and

terminer and gao! delivery and the clerks of the pC:lce, the attornev gen· er:ll shall with respect to 3ttainders outlawries and convictions in the supreme court and in the courts of oyer and terminer :Lnd gaol delivery in the city and county of New York and the aS3ist~nt attornies gener:ll AN ACT making provision for the more due and convenient con (or such districts sh:lll with respect to :ltt:linders outlawries and convic· ducting public prosecution5, at the courts of oyer and terminer tions in the cOllrts oC oyer :md termim'r and g~ol delivery in the other ~nd gaol delivery, and g~neral sessions of t~e peace. counties and in the courts of gener~l s.'ssions oC the pe:lce in th~ scve· PASSEl) Ihe r:lh oC Febru,"y, ri91l. ral counties in like manner and under the like penalties :LS are required and prescribed in the fourth section o( the act entitled" An act for pun· .Be il efUUld lIJ Ille PeD/le tlj lilt Siale tlj New York represenled in A..lotane ishin~ tre:lSons and felonies and for the better re;;ul:tting the proceed. Seluzte dnd Allemllly,That the person lIdministerin~ th~ governme'lt of at"''':'iJ inCS tn cases of fdony" passed the 2ut day oC February riSS, certify thi: State ;or the time being, shall {rom time to time by and with the ,,01 • in'o the court of e:cchequer tr:lnscripts of the attainders outl:lwries ~nd adl'ice and consent of the council of appointment, appoint· and com. convictions in the !:lid courts respectively. mission II proper person f~" ~ach o( the districts herein 3icer inentioned, 'mIlO.... Anti lie il jllrlhtr enaclttl Th:Lt the sever~1 assistant attornies gener::l each of whom ~hllll be of t!:e de,;ree of cOllnsel in the supreme court, on. shall be allowed the (ollowing compens:uicins vizt. For every indict. lind resident in such district, to the office of assiSl:lnt attorney iiener:tl ment including such :lS m~:' be prep:llcd by the direction oC the gr:lnd hercby·cre:lted. And that the counties of Suffolk, Queens, Kings, Rich· Fonaotl.ll jury althollgh afterw:lrds not fin:llly agreed ~o by them at the court of mond :tnd Westchester sh:tll be oae district for the ;)urpose ·aforesaid. or ~I_o.. oyer and t~rminer or l:~ol delivery and general sessions oC th~ pe:lce, Th:lt the counties of Orange Dutchess and Ulster sh,d be one other dis. one shilling and si:cpence for drawing per folio, and for engrossing one t .. ict for the purpose aforesaid. Th:lt the counties of Columbia and shilling per folio. For process of subpa:na actua!ly m~de out :1l:d Rensselaer sh:111 be one other district for the purpose atoresaid. Th:lt issued, two shillings. for e"ery subpa:n:1. For process :Lctu::lIy made out the counties or Washington and Clinton shall be one other district for and issued to bring in the defer-dants, two shillings on e:lch indictment. the purpose aforesaid. .That the counties of Al~alli, S:lratoga; Mont. For arguing the m:ltter where the defend:lnt sh:111 submit; ten shiiline:s: gomery and Schoharie 'sh:111 be one other district for the purpose afore. For ever tri:tl or arguing 6 demurrer, or in opposition to " motion ~in said. :That the, counties of Otsego and Herkemer sh:111 be one other dis. arrest of jud!lTl1ent -::tt the court of oyer and terminer or 1:'01 de!iverv trict for the purpose aforesaid. . That the counties of Tioga Onondaga and gener~l sessions of the pe:lce the sum of thirty two shiJings. F o'r and Ontario sh:lll be 'one 'other district for the purpose aforesaid.' That the prol:eedings in outlawry, fh'e pounds for e:tc!l defend::n'. ou:l:1"ooc. e:tcept ...ith respect to the courts of over and terminer and gaol delivery Duty ot .... and at the rate of ninepence per mile of the dist:tnce bet\\'een !h~:r in ~he city and .county of New York,'it shall be the duty of the; several ;:'"::I~~a.. respec~ive pl~ces of residence :1nd the pl:Lces where the courts sn:ti! l:e asSIstant attomles general to attend the courts of oyer and te:'tlltncr and ",""ral. held, and e:lch time they shall travel to attend a c~urt, e:ccept in the g:lo! delivery and gener:11 sessions of the pe:Lce to be from time to time counties in which they m:ly respectively reside. FJl' a to:.:!$cript certi held within the districts for which they shall be appointed respectivelv, fied into the court o( exchequer two shillings !or e:lch de!end:lnt natrl~d and to manage and conduct all suits and prosecutions for cnmes arid therein. For m:lking up a record 'by order of a judge one shilling and ofl'ences cogniz:lb!e in the said courts, and that except with reSlJect to

sixpence for the dr:lft and 'one'shilling Cor the copy, Cor e:lch sheet con· prosecutions :It the courts of oyer and tenni.n.~r and g:lol. delivery in the

t~ining sc',enty two words, and th: like compensatior. if m:lde up :It the city and county of New York :t.nd regulatIon or est:Lbhshment of the

inst:lnce of a defend:Lnt but then to be paid for by such de!end:mt. office of attorney general whereby it m:ly be supposed his duty to m:ln.

And 3e il j"rllte.- macltd That the accounts of the se\'eral :tSsist:mt Acc.untl age and conduct ~II public prosecutions at the courts of oy..r :ind termi :1ttornies gener:ll shall il~ ex:tmined and :ludited in the court of exche. &udl; or. ner and g:lol delivery sh:111 after the p:lssing of this act ce:lSe. PrO'Z,ti/eti

quer :1nd the amc"tnt of their compens:Ltion thereupon to be allowed ntt'erilltltll, That whenever on any o<c:lSion, the person administering

sh:tll be paid by the tre:lSurer of the State on a cer:iiic:lte thereof under the government of this St:lte or a judge of the supreme court of this

' the hand of the judge and se:!l of the said cou~.. St:lte shall deem it requisite it shall be l:Lwful for the person administer.

A lid be il jurlhtr maclld Th:!t from the p:tS~'n= of thls ac:, th:lt p:lrt P.rt ot " ing the government of this Slate or such judge by writing under his

of the act" for re!l'~l:1ting the fees of the seved officers ~nd ministers ~~~~. hand, to require the attorney gener~l to attend the court of oyer ~nd

of justice" whereby the court may, out of a fine Cor :1 crime or misde· tenniner and gaol delivery to be held in sudl coun tv, and it shall be the

rne:utor allow costs of prosecution, sh:lll ce:!se. duty of the attornev general to attend accordingly, and thereupon to

Alld oe il jurl/ltr enaclt:i That the sever:ll assistant ~ttornies ge~er:tl, O;''..h or manage and conduct at such c9Urt ~II suits and prosecutions :lg:linst the

before thev ente.· on the execution of their office shall t:lke and sub. c ••. persons charged with the ofTen!;es, and the assist:lnt attorney gener:ll for

scribe before a judge of one of the counties ~ssigned to ther:! the Co!· such district, shall in such matters as appertain to his office, and sh~i1

lowing o:lth, to be indvrsed on their respective commissions ,':zt: .. I be required of him by the attorney gencr~l, aid in m:tn::ging and con·

appointed :1n assist~nt :1ttorney gener:ll, do soIemniy swe:.r th:lt dudng such suits and prosecutions. And it is hereby dec1:lred th:lt

I will in all things to the best of m)' knowledge ar-d abiI.itie~ perform for their sen'ices and e:cpences on these occ:lsions, the attorney gener:l!

the trust reposed in me, :Lnd that I will support the constltut:on of the :lnd the ;l.!;sist:mt attorney general shall be deemed to be entitled to :1n

1:nited St:ltes. ~cidition;tl allowance beyond the USU:l! S:llary or other compens::tion,

Alld 1:: il further Cltackd Th:t: it sh:tll be the duty of the attorne:- Att.mor :lny allo\v:lnce howe"er to be determined by the le=isl~ture as the

se~cr::.l to 3ttcnd the court of gene:-:.l sessions of the pe::.ce in the city :~~~~~~ - respective occasi~ns sh~1I from time to ::~e h~~nen. and county of Ne\v York, :lnd there to do olnd perfor:n the like se:-.·ic:s YOrl:.lty ·r.s :>re hereb)' required of the :lssist~nt attornies gener:>l :l: the :;ener:ll sessions of t:,e pc:tce in the sO\'er:>1 counties of this St:l:e. . Alld be it fllrlht: macld, Th:tt the ~.tt?rne,· goned fO.r the ti:r.~ be· :'';.~~I';;

CHAF.8.,

In; shall not !let enher

:'5 :1ttorne~1

solhc!tor or p!"oc:or

III

any' pn,,:te

suit, unless the people of this St:>te sh:tll be in:e:es:ed in t!:e event of sec:, suit.

L. 1796, Ch. 8

to pr::a.c:th:l

In New York County, the duties were to be performed by the Attorney General. There was compensation, of course. For every indictment, "one shilling and sixpence for drawing per folio ....For arguing the matter where the defendant shall submit, ten shillings: For ever[y] trial or arguing a demurrer...thirty two shillings." There was also an interesting prohibition. The district's Assistant Attorney General was not allowed to act as attorney (or "solicitor or proctor") in any private suit unless the state was an interested party. Five years later,2 the legislature took the next step by creating the office of "district attorney." This appears to be the first official (or at least statutory) use of the title in New York. The lawmakers provided for the appointment "by the person administering the government of this State" of "district attorneys" to correspond to certain enumerated districts, each comprised of several counties.

The districts were: The City and County of New York Suffolk Queens Kings Richmond Westchester

Washington Essex Clinton

*** Albany Saratoga Montgomery Schoharie

*** Rockland Orange Dutchess Ulster Delaware

*** Otsego Herkimer Oneida Chenango

*** Greene Columbia Rensselaer

*** Tioga Onondaga Cf.yuga Ontario Steuben

***

2L. 1801, ch. 146. 13

CHAP. 1.f.6. AN ACT relative to district attomies. PASSED

the 4th of Apn1. ISor,

(I/.

.B~ ;1 madÂŁti "..1' 111~ P~ot'~ ,,/Ilu Sla/~ JY'r.ÂŁI ,York r~rtsmld in dt~ri'::~ ot Sr.1tI1/~ alltl ASSC11l"{I', Th:1t the person :ldm1nlstenng the gO';emment

DI.trlct

the State.

of this Stilte, sh:111 ilS often :15 m:1y be necess:1Ij', by :1nd with the :ld,;ce :lnd consent of the council of :1ppointment, :1ppoint :lnd commission a proper person to the office of district ilttomey in e:1ch of the districts herein:1fter mentioned, e:1ch of "'hom shall be of the degree of counsel in the supreme court, :md residt:nt in such district; :1nd th:1t the S:1id districts sh:111 be ilS follows, to ,vit, the city and county of New York, :md the counties of Suffolk, Queens. Kings, Richmond :lnd Westchester shilll be one district; the counties of Rocklilnd, Or:l.nge. Dutchess, Ulster and Del:1"':1re shilU be one other district; the counties of Gre!!n, Columbiil ilnd Renssel:ler shall be one other district; the counties of WilShington Essex ilnd Clinton shall be one other district; the counties of A!b:lny, $:1r:1.tog:t, Montgomery :lnd Schohilrie, shilll be one other district; the counties of Otsego, Herkimer, Oneida :lnd Chenango shall be one other district; and the counties of Tioga, Onondaga, Cayuga,

L. 1801, Ch. 146

The other half oftoday's counties were not enumerated because in 1801 they did not exist. Although "the City and County of New York" was included in a district, the legislature continued to require that the Attorney General conduct prosecutions there. The legislature also provided that the Governor or a Supreme Court Justice was empowered to direct the Attorney General to prosecute a case in any county, with the District Attorney assisting. Another interesting provision required the District Attorney of the district in which the Oneida and Stockbridge Indian tribes resided to act as advisor with regard to disputes between the two tribes. The District Attorney was also obligated to defend suits brought against those Indians and, when appropriate, to sue on their behalf. For this he was to be paid one-hundred fifty dollars a year. The 1801 legislation required, as did the earlier 1796 statute, that the District Attorney" shall be of the degree of counsel in the supreme court, and resident in such district." Must the District Attorney be an admitted lawyer? The Court of Appeals, in People v. carter stated that "neither the Constitution nor any statute requires that a District Attorney or an Assistant District Attorney be an admitted lawyer" and affrrmed a conviction in which the defendant's case was presented to the grand jury by an Assistant District Attorney who had never been admitted to the Bar. Five years later, however, the court held in Matter of Curry v. Hosley4 that a District Attorney (in this instance a candidate for the Hamilton County office) must be a lawyer admitted to practice. The heyday of the non-lawyer District Attorney had ended. For over a century (1830s to 1960s) the Hamilton County District Attorneys had been non-Iawyers. s The "district" system continued until 1818, when the legislature provided for what we would now refer to and recognize as county District Attorneys. On April 21, 1818, the legislature provided for the appointment of a District Attorney for each county. 6 The county District Attorneys were still to be appointed by "the person administering the government of this State" and were to conduct prosecutions in ways that, no doubt, resemble today's prosecutions. But there were differences. District Attorneys were to receive compensation that must have varied from week to week and from county to county, considering that wages depended, in part, on the drawing of indictments for which the District Attorney was paid "nineteen cents for every folio

377 N.Y.2d 95, 105 (1990), cert. denied, 499 U.S. 967 (1991). 486 N.Y.2d 470 (1995). SMatter of Curry v. Hosley, at 472.

6L. 1818, ch. 283. 15

containing ninety words ... " with no allowance whatsoever for any indictment quashed or deemed insufficient. This provision seems like an incentive to promote reliability in indictments, but payment by the word may have generated a good deal of verbiage. And at the rate of twenty-five cents per bench warrant, the District Attorney could enhance his income handsomely if given an evasive enough population of defendants. From the inception of the office, through the early part of the nineteenth century, the District Attorneys were all appointed. The statutes refer to the "person administering the State" as the appointing authority, a title which Charles Lincoln interprets as the Governor and the Council of Appointment.1 In any case, the appointive authority was changed, under the Constitution of 1821, by giving the County Court Judges the power to appoint the county District Attorneys. In keeping with the idea that the District Attorneys are to be wherever the action is, the legislature required the District Attorney to do their piece in eliminating dueling by prosecuting New Yorker duelers who wounded their antagonists, even in out-of足 state duels, if death or injury resulted within the state. 8 For about twenty-five years, the County Judges appointed their District Attorneys, until the aftermath of the Constitutional Convention of 1846, which provided that District Attorneys, along with Sheriffs and County Clerks, be elected by the voters of the respective counties. Article X of that Constitution provided for a three-year term of office. The elective system for District Attorneys - a consequence that historians ascribe to the growth of Jacksonian democracy - has continued through the present. It was, by the way, the same (1846) constitutional convention that created the New York Court of Appeals. Today, the office of the District Attorney is set forth in Article 13, Section 13, of the state Constitution. The office is elective, by county, and the term is either three or four years "as the legislature shall direct." The statutory duties, responsibilities, and powers of the District Attorney are contained in the Criminal Procedure Law and Penal Law. There are also important enactments in the County Law Article 18, and several others in Article 8, 17-A and 24, and several Civil Practice Law and Rules relating to forfeiture actions,9 enterprise corruption,1O obscenity, 11 habeas corpus12 and

Lincoln, &mm, Vol. II, p. 529.

L. 1828, ch. 320.

9CPLR 1311. lOCPLR 1353, 1355. llCPLR 6330.

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Beecher Clother, District Attorney of Warren County 1909

recovery of forfeitures. 13 The other enactments are dispersed in dozens of locations throughout the body of New York's statutory law.

The Association The New York State District Attorneys Association was formed in 1909, as the idea of District Attorney Beecher S. Clother of Glens Falls (Warren County), New York. The fust known public mention of its formation appeared in the Rochester (New York) Union and Advertizer in its August 27, 1909 issue. "Upon the theory that big crooks have an organization to beat the law," the article stated, "the district attorneys of the state are going to combine into an association by which they will defeat the lawbreakers by mutual help." From the outset the legislative thrust of the Association reveals itself. The news reporter continues, no doubt quoting a prosecutorial source, that "while the intentions of the legislators are of the best, they oftentimes enact laws, through unfamiliarity with criminals, and the methods of their prosecution, which embarrass the prosecuting attorneys of the state."

Beecher Sackett Clother In 1907, at the age of 34, and just six years after his admission to the bar, Beecher Clother was elected to serve a three-year term as Warren County District Attorney. His annual salary was $1,000. His prosecutorial career did not last very long; in 1910 he was appointed to fill an unexpired term as Warren County Surrogate. He left prosecution for good, but a brief look at his career suggests that he was the kind of person it took to inspire the creation of the Association. According to John Austin, a "Beech" Clother admirer and now Family Court Judge of Warren County: Beecher Sackett Clother was born at Glens Falls, Warren County, New York, on October 24, 1876, son of Clinton J. and Harriett N. (Canfield) Clother. His father was a farmer, cattle dealer and lumberman from Corinth, Saratoga County. His mother was a Glens Falls native, born in 1825 to Alexander and Mercy (Sherman) Canfield....

13CPLR 7201. 19

Educated in both local district schools and the Glens Falls Academy, Beecher went on to Johns Hopkins University and received the Bachelor of Laws degree from the University of Maryland in 1898. He was admitted to practice in New York State in 1901 and established himself at Glens Falls .... Beecher was active in Republican politics and was named a State Committeeman from Warren County. During World War I, he was a member of the legal advisory board. He was a member of the American, New York State and Warren County Bar Associations, serving at one time as president of the County Bar. He was a trustee of the Supreme Court Library, located in the Colvin Building, and he was named an honorary life member of the New York State County Officers Association in 1951.

***

Beecher Clother was fishing alone on Lake George on Sunday, April 19, 1953, when his boat capsized, and he drowned. The boat was found on April 21, drifting off the Sagamore Hotel dock, Bolton Landing. He had last been seen fishing off Basin Bay at 4:45 p.m. on Sunday. The hat he had been wearing washed ashore at Basin Bay on May 4. His body was finally discovered in water off the west shore of Long Island on May 10.

***

A memorial resolution of the Warren County Board of Supervisors, adopted May 11, 1953, stated: "During those long years of service as County Attorney, Beecher Clother was much more than counselor and legal adviser to the Board of Supervisors and all county officers. There existed between him and every supervisor and every county officer with whom he served a strong bond of personal friendship, which will never be forgotten by anyone who was privileged to work with him. His constant good humor and ready wit made him always an entertaining companion. During those many years Beecher Clother rendered services 20

which were far beyond in value to the people of Warren County the amount of the compensation paid to him. His ability, especially in the field of municipal law, was recognized throughout the State of New York." A subsequent tribute, adopted by the Board on June 8, 1953, stated: "God put into his blood iron from the mountains so that his life was long. God graced his inner life with buoyant spirit that rose to greet the spring winds that played fitfully across the surface of the lake he loved. God gave him a gift many never receive, that of being able to hear and appreciate the music made in the pine trees whose branches are strummed by the fingers of the passing seasons. There was a democracy about this man that went out to greet all other men in fellowship, yet a secret dignity that preserved the integrity of the self. Possessing a boundless wit, he endeared himself almost immediately to the casual acquaintance, yet those who walked with him along the inner cloister of his heart discovered, set in a niche at life's crossing, an alter dedicated to loyalty and to reverence, where he often worshiped unobserved. Generosity might almost have been his middle name, yet so quietly did he serve the need of the many who came to him in trouble, that only his very closest friends appreciated the breadth of his practical helpfulness. In his profession a skilled craftsman who merited respect and who moved easily in larger circles of interest, he never was so overcome with his own success that he forgot that tenderness and thoughtfulness are the thread that mends the hurts of life for others. It has been said that a friend is one who knows all about you and loves you just the same. 'Beech,' as his family liked to call him, was rich in such friendships. " The Warren County Law Library at the Colvin Building, Glens Falls, was renamed the Beecher Clother Memorial Library.

Aside from the news accounts of his death in 1953, we do not know much about Beecher Clother's prosecutoriallife, save that he generated the idea that gave birth to the Association, and served as its First Vice President, obviously deferring his part足 time, small District Attorney's office to the prestigious William Travers Jerome of New York. He was beloved in his county, and the reader may sense this from a journalist's report of his death in Lake George: The discovery on Sunday of the body of former County Attorney Beecher S. Clother of this city who disappeared several weeks ago while fishing alone on Lake George ended the uncertainty that had surrounded the disappearance of one of the county's most popular figures ....

***

Within Warren County it is doubtful if any man was better known. Mr. Clother served as county attorney for many years. As such he advised the Board of Supervisors and the various town boards on their legal problems and the greatest reliance was placed upon his legal ability and practical judgments, not only by public officers but by private clients as well.

***

Admitted to the bar in 1901, he was one of the area's leading authorities on county and town law and in 1951 was named a life member of the County Officers Association of this state. Following his retirement as county attorney, his services were retained as counsel to the county attorney. It is, however, the witty, jolly man who loved to hunt and fish, who enjoyed life to the fullest, who had legions of friends and was impossible to dislike who will be remembered by the people of Warren County. Beecher Clother was really unique. 14

14Glens Falls (N.Y.) Post-Star, May 12, 1953.

The First Meeting The Association held its first meeting on September 2, 1909, in Albany. In addition to President William Travers Jerome of New York County and Vice President Clother, Rollin B. Sanford of Albany County was elected Secretary. The Legislative Committee consisted of those officers and Alfred B. Chace of Columbia County and George H. Bond of Onondaga County. It is not surprising that Jerome was elected by his peers to be their first President. Born in 1859, he was a man of considerable renown, and some of what we learn of him comes from his place in Encyclopedia Americana. He was characterized there and in his obituary15 as being a courageous foe of Tammany Hall, and of the seemingly widespread corruption of the day. He was elected District Attorney of New York County in 1902 and, again, in 1905. In the Encyclopedia Americana entry, he was said to be "remarkably effective in breaking down the system of protection of vice and the maladministration of justice." He conducted the highly celebrated prosecution of Harry K. Thaw for the murder of Stanford White. In his obituary, he was hailed as a great man and spirited public servant. The obituary included personal messages and accolades from Governor Herbert Lehman, Mayor Fiorello LaGuardia, and other notable public figures. Jerome had been a lower court (Special Sessions) Judge before he became District Attorney and had seen the system from these varying perspectives. He left public prosecution for the practice of law when his term expired at the end of 1909. His obituary writer said this of him: District Attorney Jerome not only made arrests and took evidence on the spot when he made a gambling raid, but he also seized furniture and destroyed equipment. His store rooms at the District Attorney's office were piled high with equipment for faro, red and black, klondike and baccarat, the popular gambling games of the wealthy. Luxurious mahogany furniture, carpets, rugs, curtains and objects of art were sold at auction. Tables were turned over to poor families for firewood. Poker chips were burned by the thousand. "I like to gamble a bit myself," said Mr. Jerome when he was criticized, "but a man can get all the gambling he needs in a social game with friends."

lSThe New York Times, Feb. 14, 1934.

***

"My own opinion is that crime may be stamped out by rational means, just as smallpox and fever, which were considered necessary evils a few years ago, are now practically unknown in civilized countries. The power that is going to stamp it out is education and occupation. The vast system of blackmail in this city is known by every one but the District Attorneys, who have never done anything to root it out. When you have in that position a man who is aggressively honest, and who does not sit and wait for crime to rub against him, you may look for revelations and reforms where you little think it now." The newly formed 1909 group undertook to recommend certain simplifications of the Penal Law and to hold its next meeting in Albany on February 16, 1910, but actually held it on March 16, 1910. The topic of the hour was the prohibition against "oral bookmaking." According to the Albany Times Union of March 17, 1910: The second annual convention of the District Attorneys' Association of New York State opened in the surrogate's chambers this morning with a membership of about thirty, representing every section, present. William Travers Jerome, former district attorney of New York city, and president of the association, presided. The morning was devoted to business of a routine nature. An adjournment was taken at noon until 2 o'clock, when the convention reconvened. Papers were read by Mr. Jerome, Mr. Taylor of New York city, who handles all of the criminal cases carried to the court of appeals, and District Attorney Gogue of Clinton county. The matter of legislation relative to criminal business was thoroughly discussed, although nothing in the form of a suggestion to that body was formally offered. The election will be held late this afternoon and will be followed by a banquet this evening. The constitution to govern the association was reported and adopted with slight changes. The 25

Francis A. Winslow, President 1910

members are very sanguine over the results to be obtained by the work of the association and consider it a great assistance in facilitating the criminal business of the various counties. If a copy of the 1910 constitution exists, it has eluded this writer, who has no access to the attics of District Attorney Gogue or the others. The Association elected a slate of officers. Francis A. Winslow of Yonkers, Westchester County, was elected President; Rollin B. Sanford of Albany, Vice President; George H. Bond of Syracuse, Onondaga County, Secretary; and Fred B. Pitcher of Watertown, Jefferson County, Treasurer. Born in 1866, Winslow had begun his term as District Attorney of Westchester County in 1908 and, as a measure of his industry, is reported to have issued 20,000 subpoenas during his incumbency. He also is said to have posted upwards of 1,000 convictions, and revealed that "of those convictions not one case has been reversed on appeal... "16 At the March 16, 1910 "annual" Association dinner, addresses were delivered by Governor Hughes, ex-District Attorney William Travers Jerome (the retiring President), Judge Randall J. LeBoeuf, and District Attorney Sanford of Albany. District Attorney George H. Bond of Syracuse, in a paper on "The Automobile Criminal," condemned the reckless automobile driver, characterizing an automobile criminal as "a person who drives an automobile or motor cycle without regard to the rules of the road or in a manner so reckless, careless, or heedless as to the danger to human beings." "This definition," he said, "includes joy riders and may include those who are criminally rich enough to own several high power imported automobiles, but who are mentally too poor to run them safely." The Association's treasurer in 1910, Fred Pitcher served as Jefferson County District Attorney only until 1911. He later served as New York State Senator for two terms in the 37th Senatorial District. In April of 1921, he was called upon to preside over the Senate during the debate of the question whether or not there ~hould be a legislative investigation into the affairs of New York City. During that same session, he fought for Governor Nathan Miller's prohibition enforcement bill, making a vigorous speech in favor of prohibition enforcement before the Senate. He died in 1924.17

16Henry T. Smith, Westchester County in History: Manual and Civil List Past and Present (1683-1912), Vol. 2, White Plains, 1912, p. 272. . 17Watertown (N.Y.) Daily Times, Sept. 2, 1924. 27

Gerald, Gerald,son sonototthe the.late .lateJames JamesMortimer Mortimer Fltz FltzGerald. Gerald. ,I ,', • HUTCHINSON-RICH. JIUTCH"-I"""N .'...S-O-N--RICH. ~he ~heengag~ment engag~menthas hallbeen beenannounced announcedotof MIss MIss Margaret Margaret Hutchlnllon, HutchInson, daulhter daucbter ofot Dr, Dr. Johr. Johr., Hutchll'Ulon HutchInson nnd nnd 1\1'1"8. l\fJ'll. Hutchin Hutchln- I son. son.orCIt New New York York City City and and South South Man Man~'_ter. 4:I_tflr. to to ruchard lUellard O. C. RkJ. nJch oL oL South BouUl Manche8ter. Dr. and Mrs. Hutchinson's Manchester.. Dr. and F'ltty-Clfth Mrs. Hutchinson's city cityhomo homoIsIsatat78'i8Ea~t East li'lfty-fifthStreet. Street. Mrs. Mrs. Hutchinson Hutchinson was was MIIJ8 Mias Adallne Adal/ne O. G. Eldridge. Eldrlcge.

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TOO TOO LENIENT LENIENT JUDGES. JUDGES. Remarks Remarks by by Mr. Mr. Nott Nott at at Albany Albany Inter-' Inter-'

est est Crl~lnal C.rl'rlnal Courts Courts Here. Here.

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In In vIew view or ot the the outcome outcome ot of some some recent recent ca ses In CI.'1ses In the the courts courts there there was was much mucb com com T.lent r.lent In I~ the the CrimInal C.rlmlnal Courts Courts BuildIng Building yes yes terday 'on the speech made by ASlllstant terday on the speech made by Assistant DIstrict District Attorney Attorney Nott Nott beCore betore the the Sta.te State District Association In DIstrIct Attorneys' Attorneys'Assoclatlon In .Albany Albany on on Wednesday Wednesday night. night. "'1'he .. 'l'he practlce practice to-day to-c!ay Is Is ,to ,to treat treat the the crIminal criminal with wIth an an afCectlon attectlon hitherto hitherto un un known. SeverIty ot treatment Is replaced known. Severity of treatment Is replaced by by aa nurturIng nurturing care," care," saId saId Mr, Mr. Nott. Nott. "Con "Con vIction vlctlon 18 Is no no longer lODger looked looked upon upon by by Judge8 as a means ot deterrlnlr otherlf, Judges as a means ot deterrlnc otherll, but lrettlng but solely solely ,as .as aa means means ot ot cettlng the the oC ot tender tendor wIthIn within the the grasp grasp ot ot the the law law so so that he may . may' beot roCormed roformed. Chambers of the Judges Judges ot ot Genera\ Genera\ .. Chambers .. the Sessions on sentence days Sessions on sentence days are are crowded crOWded with aa motley motley gatherIng «a.therlng desirous desirous ot or usIng with using every meanll mea.nll of ot Influencing Intluenclng the the Judces. Judlres. every With our elective system ot Judges, noth With our· elective system of Judges, noth Ing Is Is ot or more more Importance Importanoe than than the the ab a.b ing solute separation separation of ot all all pOlitical, polltlca.l Influence Intluenee solute trom the 'administration ot the criminal from thethe 'administration the criminal law and and the puntshment of otofoffender.. offender.. No No law punishment system that that the the Ingel)ulty Ingenuity of ot man man could could system devise Is more calculated to promote In devise is moro calculated- to promote In stead of ot to to prevel:\t provent that that lnfluence influence than than Btead tho system Which now llrovalls here. tho Bystem which now prevails here.

DIDN'T KNOW KNOW MR. MR. UNTERMYER. UNTERMYER. DIDN'T Court Gavo Gave the tho Lawyer Lawyer _a .VlctCh·Y ,Vleto··y Court Under the the Name Name of of ROlenthal. ROlenthal. Under , Untel'my~t' wnR In .Supreme Samuel Untel'myel' Samuel wnR In Supreme ~

Fred FredB. B.Pitcher, Pitcher,Treasurer Treasurer1910 1910

Court Justice Justice Newburglll"'l!1 Newburgel"(1 court eourt y~ter yhter Court da y 1.0 10 argue nrr;ue I I nOPPollltion nopposltlon ~o to a; a 'motion. motion. day Bome,:hlng SR.ld 11/1.14 by by the the oppeslntr opposIng counael counsel Some:hlng met with with his his diSApproval. dlse.ppro\'"I. He He rOle rOle to to met protest. Justice Justice Newburler. Newburler, who who amed awed. prnlest. with his hili view view ofor the the case, CII.se, laid: 1 .. ld: with Novor n;lnll. n:I"II. yo"" YOII ,needn't needn'tI ,IPeak, IPeak, Mr. Mr. ....Novor Ro"enlh ..I." ·Mr. Mr. Untermyer untflrmyer IIl1t !lilt down down ROllenlha1." with ..a wry wrv tAM tllO(l nl'" nro" thf'rft ! hn.. Willi ~""'I tlIl 1I111tM with

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1911-1913

In 1911 prosecutors were concerned with the insanity defense, an issue that has been debated for decades, if not centuries. The New York Times, in an editorial dated March 2, 1911, had asked, "Is it not time to adopt in our legal practice the principle recommended by the committee appointed by the State Bar Association, that 'insanity or other mental deficiency shall no longer be a defense against a charge of crime'? Let the court decide whether the prisoner can consult with counsel; if he is competent, the trial should proceed until his commission of the deed charged be proved or disproved. If guilty, and later found to have been insane, he should be sentenced to an asylum." There is almost nothing to go on with regard to the 1911-1913 activities of the Association - with one exception. In The New York Red Book Fifty-Eighth Edition (1949), there is a biographical sketch regarding George H. Bond. (He had been elected Association Secretary on March 16, 1910, it will be recalled.) In that entry, he is said to have been Association President in 1912-1913. If we take this as valid 足 at least until refuted - it seems likely that the Association did continue to 1913 with Bond as President. If so, we may infer that the 1910 Vice President, Rollin Sanford, was President in 1911-1912, assuming that people "moved up through the chairs" as they typically do. It is not established beyond a reasonable doubt, but it is submitted by a fair preponderance of the evidence, that Rollin Sanford followed Francis Winslow, and that Bond followed Sanford, and served for 1912-1913. Bond became President of the New York State Bar in January 1937. Rollin Sanford was the District Attorney of Albany County from 1908 to 1914, and then served as a member of the 64th, 65th and 66th Congresses (1915-1921). In 1957 he died, at age 82, in an automobile crash. 18

18Biographical Directory o/the United States Congress 1774-1981 Bicentennial Edition (1989); The New York Times, May 17, 1957, p. 51; Albany Times Union, May 17, 1957, p. 1.

Rollin B. Sanford, President 1911-1912 (Courtesy, (Courtesy, Albany Times Union)

The Great Hiatus

We can say with virtual certainty that the District Attorneys Association became inactive after these auspicious beginnings. There is little (which is to say, nothing) of its activities or existence from 1913 to 1922. The news indexes offer no clues, and so it remains for some industrious researcher to examine the pages of the newspapers for those years in search of Association needles amid the haystacks of hundreds of newspapers that were published during that time. There may be articles, somewhere, but the task of locating these sand grains on the beach is herculean. There may come a time when all old newspapers are scanned into the Great Data Base on the Net, but until then it seems safe to say that by 1913 the District Attorneys Association met the same fate as "The Red Headed League" of the Sherlock Holmes stories. It dissolved.

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Rebirth If the roaring 20's evoke images of flappers, speakeasies, and muskrat-coated college students waving banners, it evokes also the profiteering and criminality that gave another side of the picture. New York State Attorney General Charles D. Newton, who had declared that a crime wave was "sweeping the country," invited the District Attorneys of New York State to attend a conference in Albany on January 11, 1922, to discuss both the crime wave and the legal methods of stopping profiteering in food and fuel. He said, "I believe that it would be a good idea for the District Attorneys of the State to get together once a year anyway. A State association of District Attorneys would be a good thing. ,,19 From this we may infer that either the 1909-1913 District Attorneys Association or Attorney General Newton was dormant during the 1913-1921 period. Considering that in 1947 the Association celebrated its 25th Anniversary, it seems likely, if surprising, that the renewed 1922 Association was either unaware of, or oblivious to, its precursor. The Attorney General's call triggered a rebirth of the Association. No sooner was the invitation issued than it was accepted publicly in New York City by District Attorney Joab H. Banton of Manhattan, John E. Ruston of Kings, and Frederick E. Weeks of Westchester. All parties hailed the meeting as a means of gaining closer cooperation between federal and state prosecutors. The meeting was also welcomed by Judge John F. McIntyre, Presiding Judge of General Sessions in New York City, and City Chief Magistrate William McAdoo. McAdoo expressed concern with the role of bondsmen in creating inequity between professional criminals and first offenders. 20 He had introduced a bill allowing magistrates to question bondsmen as to the source of collateral, and that bondsmen be licensed. 21 District Attorney Joab H. Banton of New York County will be remembered, among other places, in the vicinity of 232 N.Y. to 252 N.Y. Frederick E. Weeks of Westchester had begun earlier, around 210 N.Y. It will not take away anything from these renowned prosecutors, or cast any doubt on characterization of a "crime wave," to reveal a curiosity: In volume 202 of the Appellate Division reports, which covers part of 1922, there are well over a thousand cases reported. Of these, fewer than 50 are criminal cases and, of those, the vast majority involve motions. There were barely a dozen appeals from convictions; the rest of the cases dealt with routine motions. There may be cogent explanations for 19The New York Times, Jan. 6, 1922, p. 2, col. 6. 20The New York Times, Jan. 6, 1922, p. 2, col. 6. 210n a related issue,~, Matter of American Civil Liberties Union, Inc. (McAdoo), 229 App. Div. 511(1930). 34

Joab H. Banton, President 1922

this; perhaps Gideon y. Wainwright22 is one of them. In New York, of course, the right to free counsel for indigent appellants long preceded Gideon. 23 By January 10, 1922, fifty-nine or sixty District Attorneys had announced their intention to attend the January 11, 1922 meeting in Albany.24 The focus was to be curbing profiteering in food and fuel, and the enforcement of prohibition. Governor Nathan L. Miller weighed in as well. (Miller had been an Associate Justice of the Appellate Division, Second Department, for five years, and of the First Department for three years, and then was elected to the Court of Appeals. He served there until 1915 when he resigned to re-enter private practice before becoming Governor.) He stated that the delay in meting out punishment detracted considerably from the force of the penalty. 25 The eighteenth amendment to the United States Constitution brought the "prohibition era." Pursuant to that amendment, the Congress in 1919 enacted the Volstead Act,26 and the District Attorneys were very much in the thick of it.27 The issues created by national dryness loomed large. Manhattan District Attorney Banton said that he had compiled a mass of statistics from his office as to the "Mullan-Gage" law. The law prohibited the illegal transportation of liquors in violation of L. 1921, chs. 155, 156?8 In preparation for the January 11, 1922 Association meeting, Westchester County District Attorney Frederick E. Weeks reported that 222 complaints were submitted to the Westchester County grand jury from the various towns and cities in 1921, whereas in 1917 only 67 liquor cases were submitted to the grandjury.29

22372 U.S. 335 (1963). 23See, former Code Crim Pro Â§ 308; see also, L. 1881, ch. 504 at 308; People v. Koch, 299 N.Y. 378 (1949); People v. Thompson, 205 App. Div. 581 [1923]; People v. Settles, 46 N.Y.2d 154, 160 (1978).

24The New York Times, Jan. 11, 1922, p. 11, col. 2. 25The New York Times, Jan. 11, 1922, p. 11, col. 2. 2641 Stat. 305. 27~, National Prohibition Cases, 253 U.S. 350 (1920).

28See. e.g., People ex reI. Donovan v. Rounati, 258 App. Div. 585 (1940). The MullanÂ Gage Act was repealed in L. 1923, ch. 871. ~,Matter of Love, 205 App. Div. 363 (1923).

29The New York Times, Jan. 9, 1922, p. 12, col. 8. 36

1922 was a watershed year for the District Attorneys. At the January 11, 1922 meeting, the prosecutors expressed the opinion that the wave of crime was " threatening the civilization of our country" and that they must combine to check the lawlessness. Federal officials pointed fingers at state prosecutors, claiming that crime is a local problem to be handled locally; the District Attorneys retorted that lawlessness was the product of a widespread, nationwide disrespect for prohibition and the conduct of high officials in spurning the prohibition laws. They also blamed federal encroachment and the leniency of state judges. Regardless of the causes, Governor Miller agreed that "there probably never had been a time within the memory of those now living when there was more disrespect for the law exhibited in various ways than today. ,,30 On February 17, 1922, the New York State Legislature's Committee on Codes held a meeting in Albany to address the recommendations of the District Attorneys, according to Queens District Attorney Dana Wallace, who pointed out that over three million dollars worth of automobiles were estimated to have been stolen in New York during 1921. Interestingly, another of the bills advanced by the District Attorneys was one that allowed the People to appeal at any time an order dismissing or setting aside an indictment on motion of the defendant. 31 Also, they advanced a bill to allow the People to examine a witness who, for various reasons, could not be produced for trial. 32 It was not long before the organization swung into action. At a meeting in Albany on February 8, 1922,33 it called for minimum sentences for first degree robbery and second degree murder, and adopted several recommendations made at the January 11, 1922, Albany meeting. The more important of these included appeals from dismissals of indictments, restrictions on pistol permits, and insanity plea notification. There was a stout representation of District Attorneys from across the state. Those present included Joab H. Banton of Manhattan, who presided, Guy B. Moore of Erie County (who, recalling his own youth, came out against denominating joy riding a felony), Urbane C. Lyons of Broome County, and Harold A. Jerry of Clinton County. Here, we must pause and ask whether the 1922 Association, born or reborn as it were, wrote a constitution. The next question, a fair one, is, if so, what became of it? Evidently no one was quite sure of its existence until the Association launched an

30 The

New York Times, Jan. 12, 1922, p. 1; and New York Herald, Jan. 12, 1922, p. 1.

3ISee, present CPL ยง450.20. 32The New York Times, Feb. 17, 1922, p. 32, col. 3 .. 33The New York Times, Feb. 9, 1922, p. 5, col. 2. 37

investigation worthy of the most energetic runaway grand jury. In 1944, Association President Carl J. Hynes of Jefferson County, "spurred" by Dan O'Mara of Monroe County, is said to have "found' the documents and Association correspondence enmeshed in an old file of love letters and unpaid bills ... .It was then ascertained that the Constitution and By-laws were embodied together in one hoary and dog-eared document. ,,34 The document is undated, and it is reproduced here as Appendix A. According to the Association's May 1947 newsletter, the oldest one located (reproduced here as Appendix B), the correspondence files of the Association reveal that in 1922 President Warren G. Harding suggested to New York Governor Nathan L. Miller that the District Attorneys of each state form an association to improve law enforcement. Alas, if the Association ever had a copy of any such letter, it seems to have evaporated. The constitution seems authentic, in part because it is undated, dog足 eared, and confirmed by other indicia. For this writer, its authenticity is established to a moral certainty. The Association has no records of its 1922 (re-)birth but, thanks to Attorney. Paul Rheingold, we have an antiquated journal in which Joab H. Banton recounts those events of 1922. He wrote the article in 1937 in a pUblication entitled The Human Side of the People's Case. The journal, a quarterly, was put out by the New York County District Attorney's office in 1936 and 1937. Considering that we are now in 1998, 76 years after the events, Banton's account, written only 15 years later, seems fresh: The enactment of the State Prohibition Enforcement Act in 1921, threw upon the District Attorneys of the State of New York an immense burden.... Early in 1922, Governor Nathan L. Miller, acting at the request of President Harding called a conference of the District Attorneys of the State and the United States Attorneys in the State of New York, at Albany, for the purpose of considering the conditions prevailing in the State of New York at the time . ...It was held in the Senate Chamber in the Capitol at Albany. Governor Miller appeared before the group and addressed them. He suggested that an organization be formed so that there might be greater co..operation and

34News Letter ofthe District Attorneys' Association ofthe State ofNew York, Vol. 1, No. 1, May 1947, at 2.

uniformity of action by all of the prosecuting officials in the state in the discharge of their duties.

***

District Attorney Francis Martin of the Bronx (now the Presiding Justice of the Appellate Division, First Department), moved that a committee be appointed to nominate officers and suggested in view of the fact that the District Attorney of New York County had the largest prosecuting office in the State, and, probably, in the country, it would be suitable for him to head the organization. The Committee retired and returned with the following nominations: For President: Joab H. Banton of New York County. For Vice President: William F. Love, of Monroe County.

***

The Association took its work seriously and during the session of the Legislature then in existence, both the President and the Chairman of the Legislative Committee attended regularly in Albany before both the Senate and the Assembly. Difficulty in securing the attendance of the members of the Association which, as I said before were all of the state prosecuting officers and the United States Attorneys in the State of New York, soon manifested itself, because in some of the counties the Board of Supervisors would not allow for the expenses of attendance on the part of the District Attorneys of their counties. The District Attorneys from the larger counties, however, continued to attend the meeting with regularity. Those who were regular in attendance were: Charles J. Dodd, of Kings (now a Justice of the Supreme Court), Benn Kenyon of Chemung (now a Justice of the Supreme Court), Arthur Rowland, of Westchester, Malpass, of Onondaga (now County Judge), 39

Herrick of Albany, Main, of Livingston, Brewster (now a Justice of the Supreme Court) and, later, O'Connell, of Essex, Cheny, of Steuban [sic] and later Edward J. Glennon, John E. McGeehan, and Charles B. McLaughlin, all of Bronx (and all now Justices of the Supreme Court). Several times, the Governor called the District Attorneys into conference. At those meetings attendance of nearly all the District Attorneys would result. Shortly after the organization of the Association, a joint resolution of the Senate and the Assembly was passed creating a Committee to inquire into the provisions of the Code of Criminal Procedure and the Civil Practice Act. This Committee was headed by Senator Baumes....The work of this Committee was so effective that, at another session of the Legislature, the State Crime Commission was created and Senator Baumes headed the Commission. Governor Smith appointed also a number of laymembers. After the second year, District Attorney William F. Love of Rochester (now a Justice of the Supreme Court of the State of New York) became President and I was appointed Chairman of the Legislative Committee .... As I look over the laws that were enacted by the Legislature on the recommendation of the Joint Committee and, later, of the Crime Commission, I am amazed at the number of laws which originated with the District Attorneys and, on their recommendation, were proposed by the Joint Committee, or the Crime Commission .... The one Baumes law, as these laws were designated which were recommended by the Crime Commission, which attracted most attention is the Fourth Offender Law. It came into being on the suggestion of the District Attorneys, in the interest of justice and fairness to the accused, but not in the form in which it was passed. Before the enactment of this law, under the statutes then prevailing, it was necessary to indict a defendant as a second or subsequent offender, and,路 in the indictment the fact was alleged that previously he had been convicted of 40

one or more felonies, describing the felonies of which he had been convicted, and the dates of his several convictions. To the District Attorneys, this seemed to be unfair to the defendant. Invariably, a defendant so indicted was convicted, not because of the strength of proof in the instant cast, but because of his previous criminal record. The District Attorneys recommended that the defendant be indicted only for the instant crime; and, later, if it was proved that he had been convicted of previous felonies, on trial of an information filed against him, that then the Court be permitted to impose such a penalty as would be just in the circumstances; and, in cases of a Fourth Offender, that the Court be permitted, if the interests ofjustice required it, to sentence the defendant to imprisonment for the term of his natural life. The Fourth Offender Act that was finally enacted by the Legislature made life imprisonment mandatory and not discretionary with the judge. This worked a great hardship. Defendants, who in their youth had been convicted of felonies and who had lived lives of rectitude for many years, in middle age committed another crime and received severe sentences. Judges in sentencing the defendants in such cases remarked that they were compelled to do so, but had the matter been left to their discretion, they would have imposed sentences more in keeping with justice and good conSCIence. It was the District Attorneys who urged upon the Crime Commission an amendment of the Fourth Offender Act, to leave the sentence in the discretion of the Court and not to make it mandatory. The first case of hardship arose in Steuban [sic] County. District Attorney Guy W. Cheney of that County communicated with me, and he and I appeared before the Crime Commission and urged an amendment of the Fourth Offender Law. This stirred up quite an amount of discussion in the State, but the District Attorneys held their ground and, later, the law was amended and it seems to me, much weakened, when it was provided by statute that at the end' of fifteen years, a prisoner sentenced to life imprisonment would be eligible 41

for parole. It would be much better to have followed the recommendation of the District Attorneys and leave the length of the sentence to the discretion of the Court. It is easy to standardize crime, but the law cannot standardize criminals. The short form of indictment was recommended by the Crime Commission at the suggestion of the District Attorneys of the State, and I was entrusted with the duty of drafting the act and submitting it ftrst to the District Attorneys and then to the Crime Commission. The act was passed as drafted and approved by the District Attorneys of the State. It was put to the test and sustained in a murder indictment returned by the Grand Jury of Erie County. It has been charged that the District Attorneys were

more interested in the ease of securing convictions than they were in getting just convictions; and, therefore, that they were always asking for amendments that would make their jobs easier. This is not true. During all of my experience with the Association which began in 1922, and has continued to the present day, I have found that the District Attorneys, as a body, have been interested in an accurate administration ofjustice. The picture that is given of the District Attorney in the movies and lurid novels of the day is not correct. I have never known a District Attorney who insisted upon the conviction of the person accused, if he did not, in good conscience, believe that the accused was guilty, and if he did not have sufftcient legal evidence to justify that belief. Banton served as New York County District Attorney from 1922-1929. Considering that he got a late start born in Texas in 1869 and moved to New York in 1896 at age 27 he earned a good reputation as a public servant. He died in 194935 and was remembered for having fought graft and commercial fraud. He actually

3SThe New York Times, JuI. 21, 1949. 42

Frank P. Malpass, Treasurer 1922

succeeded in persuading the legislature to enact a bill giving the New York County District Attorney control over the General Sessions trial calendars. 36 In addition to Banton and Love who were elected President and Vice President of the Association, the prosecutors elected Kings County District Attorney John E. Ruston as Secretary, and Frank P. (later Supreme Court Justice) Malpass of Onondaga as Treasurer.

1922, ch. 489. ~, Matter of McDonald v. Goldstein, 191 Misc. 863,868 (1948), aff'd, 273 App. Div. 649 (1948). As a general concept, courts have the inherent power to control their own calendars [Travelers Ins. Co. v. New York Yankees, 102 A.D.2d 851, 852 (1984)]. 36L.

William F. Love

The obituary of William F. Love makes reference to the Association's existence in the 1920s. Love, who died on February 18, 1959, was a Justice of the New York State Supreme Court, Appellate Division, Fourth Department,37 who served as Monroe County District Attorney from 1920 until 1931. He reportedly served as Association President from 1923 to 1931, for what was probably the longest such tenure in the Association's history. Eventually the Presidents served for one year terms. Thanks to Howard Relin of Monroe County, the Association's President during 1989-1990, we have this information concerning Bill Love, as remembered by the Monroe County Bar Association in 1959: Justice William F. Love was born in Rochester on October 26, 1880. His parents were Frank W. Love and Marietta Love. He was graduated in 1889 from the old Rochester Free Academy and four years later from the University of Rochester with a bachelor of philosophy degree. He was also a graduate of the Rochester Business Institute. Justice Love studied law in the office of the late George Raines. He was admitted to the Bar in 1905. Becoming interested in Republican politics, he served that same year as Secretary to Mayor James W. Cutler. For a time he was legal advisor to a State Senate Committee on revision of bills. Justice Love was practicing law in partnership with the late Frederick Wiedman when he was named an assistant district attorney in 1911. The late John W. Barrett was district attorney. Seven years later the future judge was promoted to fust assistant. Elected district attorney on the Republican ticket, he began his fust three-year term on January 1, 1920. He was re-elected for three more terms, each time with larger pluralities. During his last nine years as chief prosecutor he was President of the New York State District Attorneys Association. 37~, 266 App. Div. to 277 App. Div.

William F. Love, President 1923 -1931

He was elected to Supreme Court for a fourteen-year term beginning January 1, 1932. In 1945 he was elevated by Governor Dewey to the Appellate Division, Fourth Department. In the same year he was re-elected with Republican and Democrat endorsement. Upon reaching the age of seventy in 1950, retirement from the bench was mandatory. He subsequently served six years as Supreme Court Referee. Justice Love was active in the work of the New York State Bar Association and at one time headed a committee to aid in forming a state anti-crime program. Since serving as President of the Students' Association in college, Justice Love had been an active University of Rochester alumnus. He was a former alumni president and served on many committees. A member of Theta Delta Chi~ he headed the local chapter in his last three years at college. He was national president of the fraternity from 1923 to 1930, and had been president of the Theta Delta Chi Educational Foundation. He had been president of St. Mary's Hospital board of trustees and was on the executive committee of the Rochester Regional Council of Hospitals. He was a member of the Genesee Valley Club, Monroe Golf Club, Knights of Columbus and Elks. He was president of the Automobile Club of Rochester in 1936. Justice Love played baseball and basketball at the University of Rochester. If he chose he might have had a brilliant career as a baseball player. He retained his interest in sports to the end. He was a natural leader and in 1924 was prominently mentioned as a candidate for Governor.

His life was one of service. He gave freely of his time and talents to many persons and organizations. A friendly man, he was constantly aiding friend and stranger alike. Justice Love was a man of great integrity and loyal almost to a fault. His character, his personality and his admirable qualities as a lawyer, as a judge and as a citizen have been and will be an inspiration to the members of our Association.

***

Bill Love's presidency covered a good part of the roar of the 20's. He had been active in politics and his popularity was attested to by what came to be called the "Bin Love cigar."

1925

In 1925 the Association presented the legislature with 34 crime curb measures, of which 30 were enacted. The prosecutors failed, however, in efforts to require a defendant to enter an insanity defense before the prosecution put in its case, and in its bid for a statute to provide that the failure of a defendant to testify would be construed to the defendant's detriment. Bill Love did not regard this as imperative, considering, he said, that the juries did this anyway, even if told not to. 38

38The New York Times, Aug. 28, 1926. 49

1926

In 1926 the Association met in Rochester, under Bill Love's aegis, and called for "stiffer crime laws." It also sought strict regulation of the issuance of pistol permits. The prosecutors also advocated a 10-2 verdict. According to a news report, Bill Love presided and the meeting was well attended by prosecutors and others, including: Richard H. Templeton, Federal Attorney for the Western District; Thomas S. Rice of the State Crime Commission; W. Bruce Cobb, former New York City Magistrate, now Secretary of the Courts Committee of the Brooklyn Bureau of Charities, and Miss Emily Oothout Lamb, psychologist of the Superior and Juvenile Courts of Santa Barbara, California, who is here as an onlooker, but who spoke on the value of psychology in the handling of criminals and especially of juvenile delinquents, and who mildly criticized District Attorneys who sought convictions rather than to ascertain the truth. 39 The question of restricting pistol permits created some fIreworks. The spokesman for the New York State Crime Commission noted that the average citizen did not want to be disarmed, and that in New York City 50% of the householders had weapons in their homes and did not want to give them up. Some District Attorneys also sought to eliminate the forty-eight hour period between verdict and sentence, asserting that the time span brings undue pressure on the judges to be lenient. 40 At the insistence of Kings County District Attorney Charles J. Dodd, the Association opted for judicial discretion in the matter. The Association also discussed the abolition of grand juries, allowing prosecutors to proceed by information. Unsurprisingly, this proposal did .not get very far. Another hot item on the agenda was the waiver of jury trials by defendants, noting that in Baltimore 92% of the defendants waived jury trials and that in Hartford 70% waived.41

39The New York Times, Aug. 28, 1926. 40The New York Times, Aug. 28, 1926, p. 2. 41The New York Times Ed., Aug. 30, 1926, p. 14, col. 2.

One of the guest speakers was F. Trubee Davidson, Assistant Secretary of War for Aviation and Chairman of the Federal Crime Commission, who called for coordinated action in relation to interstate trafficking in guns. From Rochester, the members then went on a yachting excursion on Lake Ontario and a motoring trip through the Finger Lake region. This was a preview of things to come.

1929 On December 17, 1929, the District Attorneys met at the Criminal Courts building in New York. The stock market had crashed only forty-nine days before that, but the District Attorneys had other things on their minds, notably perjury prosecutions. Following the McManus-Rothstein murder trial the District Attorneys wanted a penal law provision that would criminalize inconsistent statements under oath. Murdered in 1928,42 Rothstein was a notorious gangster who is said to have had a role in fixing the 1919 World Series. Attending the meeting were Felix C. Benvenga, head of Joab Banton's Appeals Bureau; Frank H. Coyne, District Attorney of Westchester County; J. Lester Albertson, Assistant District Attorney of Westchester County; W. H. Munson, District Attorney of Orleans County; Gardiner LaRoy, District Attorney of Sullivan County; John B. Smith, District Attorney of Saratoga County; Elmer H. Lemon, District Attorney of Orange County; Charles L. DeAngelis, District Attorney of Oneida . County; Edmund D. O'Brien, Assistant District Attorney of Niagara County; John A. Leach, Third Deputy Police Commissioner; and Walter S. Gedney of Nyack, representing the Baumes Commission.43

42See, People v. Henry, 196 App. Div. 177 (1921); see also, Pitler, Independent State Search and Seizure Constitutionalism: The New York State Court ofAppeals' Questfor Principled Decisionmaking, 62 Brooklyn L. Rev. 1,47 (1996); Leo Katcher, The Big Bankroll: The Life and Times ofArnold Rothstein (1938); A. Boyer, The Great Gatsby, the Black Sox, High Finance, and American Law, 88 Mich. L. Rev. 328-(1989).

43The New York Times, Dec. 18, 1929, p. 12, col. 2.

1932

For the District Attorneys, 1932 marked the end of the "Bill Love" era. Love went on the State Supreme Court bench, and the new President was Livingston County District Attorney Austin W. Erwin of Genesee, New York. Erwin's chief thrust, at the annual meeting held on January 23, 1932,44 at New York City's Bar Association building, was the preservation of the Baumes Laws. These statutes provided for increased punishment for repeat offenders and were the forerunners of the multiple felony offender statutes. The District Attorneys argued that the depression accounted for the increase in crime and that the Baumes Laws should be continued, notwithstanding the beliefs of critics who felt the laws were too severe. The Baumes Laws were found in former Penal Law §§1941-1943.45 The laws were named after Caleb H. Baumes, Chairman of the New York State Crime Commission and Senate Codes Committee. He presented his views in an article in the New York State Bar Bulletin of March 1929. The District Attorneys also favored a statute allowing them to remove misdemeanors to County Court, thus weakening the power of "police courts" in rural areas. (They were really called police courts.) They also opted for unanimous verdicts as opposed to permitting a conviction on a divided (10 2) vote. Austin Erwin went on to a prominent nineteen-year career as a New York State Senator. He was chairman of the Senate Finance Committee from 1954 to 1963 when he retired from politics. As a champion of conservative causes, he is remembered this way in his obituary following his death in 1965 at age 78: In 1957 he drew a bead on the Democratic Governor's handshaking tours which he said, "appeared to constitute Mr. Harriman's greatest activity as Governor." "Each income taxpayer who gets that handshake," he said, "should remember: that's the hand that shook him down for income tax of which he would have been relieved by Republican legislation, except for Mr. Harriman's veto. ,,46

44The New York Times, Jan. 24, 1932, p. 7, col. 1. 45L. 1926, ch. 457; see, People v. Gowasky, 244 N.Y. 451 (1927); for a history of recidivist statutes until that time,~, People v. Starks, 78 Misc.2d 87 (1974).

46The New York Times, Aug. 15, 1965. 53

Austin W. Erwin, President 1932

Erwin's son, Austin W. Erwin, Jr., also of Livingston County, became a Supreme Court Justice. 47

47E.g., Harper v. Zoning Bd. of Appeals, 43N.Y.2d 980 (1978).

Nathan D. Lapham, President 1933 and 1935, (Courtesy o/Geneva Historical Society Geneva. Geneva, New York)

1933

At the 1933 meeting, Nathan D. Lapham of Geneva, Ontario County, was elected President of the Association. Frank H. Coyne of Westchester was elected Vice President; William H. Munson of Orleans County, Secretary; and Glenn W. Woodin of Chautauqua County, Treasurer. The meeting was held at the New York City Bar Association building on Saturday, January 28, 1933.48 At the 1933 meeting, the District Attorneys asserted that the gangsters had put "the police on the spot" and unanimously supported a motion by District Attorney Elvin N. Edwards of Nassau County to require that every pistol permit applicant be fingerprinted. Buffalo Police Commissioner Roche said that repeal of this provision had been the result of gangsters' efforts. He was opposed in this by District Attorney Walter C. Newcomb of Erie County, who felt that the better approach was easier permits and tougher enforcement for offenses. The Association also took up issues relating to slot machines, vehicular homicide, and jury verdicts of eleven to one for . . mInor cnmes.

48The New York Times, Jan. 29, 1933, p. 19, col. 5. 57

Frank H. Coyne, President 1934

1934 The ASSociation as a Section of the

New York State Bar Association

For a number of years before 1934, the District Attorneys met yearly in New York City at the same time and place as the New York State Bar Association. In 1934 a proposal was made for the District Attorneys Association to become a section of the State Bar.49 According to the records of the New York State Bar Association,5o the District Attorneys Association was established as a section of the bar in 1934. The by-law read: XVI-b. DISTRICT ATTORNEYS SECTION. This section is established to encourage the consideration of proposed amendments to the Penal Law and Code of Criminal Procedure, a more comprehensive understanding of Criminology, and an interchange of helpful experiences and ideas directed to the strengthening of the enforcement arm of the law. Such recommendations as this section may make to the Association shall be referred to standing or special committees of the Association for further action. The proceedings of this section may be published in the annual report of the Association, at the discretion of the Executive Committee. Membership in this section shall include the Attorney-General of the State, together with any Deputy Assistants of his office, all the United States District Attorneys, residing and serving within this State, all the District Attorneys, Assistant District Attorneys and former

49New York State Bar Bulletin, Jan. 1934, p. 7. SOReport ofthe New York State Bar Assoc., Vol. LVII, 1934, p. 891.

District Attorneys who are now or may become members of this Association. This section shall elect at its annual meeting a Chairman, Vice-Chairman, Secretary and Treasurer, and shall have power to appoint such committees and adopt such By-Laws as it may desire, not in conflict with the Constitution or By-Laws of this Association. After having become a section of the State Bar in 1934, the District Attorneys Association's activities were reported briefly in the accounts of the Bar Association's yearly meetings. The accounts are sporadic, and continue in the Bar Association's Bulletin up through 1948. According to the February 1934 Bulletin of the New York State Bar Association, the District Attorneys met (as a section of the New York State Bar Association) on Saturday, January 27, 1934, at the City Bar Association in New York, with 1933 retiring President Nathan D. Lapham presiding. Elections took place and, based upon related records, we may deduce that Frank H. Coyne was elevated to President for 1934. He was to preside through 1934, including the annual meeting held on January 26, 1935, at which his predecessor, Nathan D. Lapham, would succeed him, Grover-Cleveland style, for the 1935 presidency. At the 1934 meeting, an address was delivered by R. L. Calder, King's Counsel, Montreal. The luncheon was held at the Waldorf-Astoria. Attorney General John J. Bennett, Jr. was the speaker. The State Bar Association also reported on a speech given by Judge Samuel Seabury as to the pitiable state of the justice system and the need for fundamental change. 51 Judge Seabury and the Seabury Commission were memorialized in the musical "Fiorello," which featured a number entitled "A Little Tin Box." Frank Coyne later became County Court Judge of Westchester County52 and then went on the Supreme Court. 53

SINew York State Bar Bulletin, Feb. 1934, p. 66.

S2S ee.

e.g., Home Owners' Loan Corp v. HOllst, 168 Misc. 946 (1938).

S3See. e.g., Garcia v. Pan American Airways, Inc., 183 Misc. 258 (1944), affd, 269 A.D.

287 (1945), atI:d, 295 N.Y. 852 (1946).

1935

On Saturday, January 26, 1935, the District Attorneys met at the New York City Bar building for the annual meeting. Retiring President Frank H. Coyne of Westchester presided. The main speakers were State Senator John L. Buckley and New York City Police Commissioner Lewis J. Valentine. The Commissioner spoke of the department's new scientific laboratory. Nathan Lapham of Ontario County, who had been President before Coyne, was "re-elected" President for 1935. Coyne also announced the election of Thomas A. Walsh of Richmond County as Vice President, William H. Munson's (of Orleans County) re-election as Secretary, and Dutchess County District Attorney John R. Schwartz as Treasurer. Lapham appointed an executive committee of nine members, one per judicial district, consisting of Samuel J. Foley of the Bronx, L. Barron Hill of Suffolk, John B. Smith of Saratoga, William C. Martin of Onondaga, Glenn F. Carter of Chenango, George W. Pratt of Steuben, Walter C. Newcomb of Erie, Henry Hirschberg of Orange and John T. Delaney of Albany. 54 After his service as District Attorney, Lapham went on to the State Supreme Court and served until 1941 55 and in 1952 served as a special referee. 56 In 1935 he had been appointed by Governor Herbert Lehman to the New York State Crime Commission. He died in 1958 at age 86. 57

S4The New York Times, Jan. 27, 1935, p. 20; New York State Bar Bulletin, Jan. 1935, p. 6. 55See. e.&., Foster v. Yorkshire Ins. Co., 167 Misc. 204 (1938), aff:d, 255 A.D. 829 (1938). 56See, Rochester v. Charlotte Docks Co., 114 N.Y.S.2d 37 (1952). 57The New York Times, May 6, 1958, p. 35. 61

William H. Munson, President 1936

1936

On Saturday, January 25, 1936, the District Attorneys met once again at the New York City Bar Association, followed by a luncheon at the Hotel Astor in New York. The Association had thirty-two District Attorneys as members and twenty-eight Assistant District Attorneys. The luncheon speaker was Thomas E. Dewey, the Special Prosecutor of Rackets in New York City.58 He spoke of the great preponderance of odds in favor of the professional criminal and called for an overhaul in the criminal laws and their underlying philosophy. Eight years later he would run for President of the United States against Franklin D. Roosevelt and, again, in 1948 against Harry S. Truman. Other speakers included Attorney General John J. Bennett, Jr., State Senator John L. Buckley, District Attorney Samuel J. Foley of the Bronx, District Attorney Nathan D. Lapham of Ontario County as retiring President; District Attorney William H. Munson of Orleans County; Charles Poletti, Counsel to the Governor; and Bill Love, then a Supreme Court Justice. 59 At the annual election held that morning at the New York City Bar Association, the officers elected were: William H. Munson of Orleans County, President; Samuel J. Foley, Bronx County, First Vice President; Howard B. Donaldson, Jefferson County, Second Vice President; William C. Martin of Onondaga County, Secretary; and John R. Schwartz of Dutchess County, Treasurer. Munson went on to become a Supreme Court Justice. 60 In 1936, the constitution and by-laws were revised and some important changes were made. Regular memberships were extended to the Attorney General of the State and to the United States Attorneys for the districts within the state. In addition, the ex-Attorneys General and ex-United States Attorneys were eligible for associate memberships, while present and former Assistant United States Attorneys and Deputy Attorneys General were qualified for assistant memberships. A second Vice President was added to the elective officers of the Association, and the Executive Committee was revised so as to consist of "nine members, either regular or assistant members to be appointed by the President, one such member being appointed from each of the nine judicial districts in the State." The elective officers of the Association were included on the committee as ex-officio members.

58Before becoming District Attorney of New York County, Dewey served as Special Prosecutor~, Matter of Meenagh v. Dewey, 286 N.Y. 292 [1941]). 59The New York Times, Jan. 26, 1936, p. 16, col. 1; New York State Bar Bulletin, Jan. 1936, p. 3. 6OS ee. e.&., Matter of Carborundum Co. (Swisher), 17 Misc.2d 231 (1954).

Finally, the annual meeting of the District Attorneys Association was to be held each year, either in the City of Albany or in the City of New York, "unless at a regular meeting of the association or of the Executive Committee some other place shall be decided upon."

Samuel J. Foley, President 1937 and 1945

1937

On January 31, 1937, the District Attorneys held their annual meeting of the Association at the New York City Bar building. The topic of the day was rewards for information on kidnappers. District Attorney Nathan D. Lapham of Ontario County suggested a fixed $10,000 amount, with supplements by the State, for each case as "a challenge to the underworld." He saw this as a means of engaging law enforcement into the pursuit of kidnappers, instead of continuing the growing practice of having grief-stricken family members negotiate with kidnappers. It was at this 1937 winter meeting that a momentous proposal was made: the Association, which had been meeting once a year, usually in New York in January, agreed to consider a summer meeting as well. 61 Considering the summer frolics that were to follow, a candid District Attorney, if asked why a summer meeting, might have explained that no one would want to play golf in the hallways of the City Bar building or the Astor Hotel. The District Attorneys elected Samuel J. Foley of the Bronx to serve as President, with Elliott Horton of Livingston County as First Vice President, John R. Schwartz of Dutchess County as Second Vice President, and William C. Martin of Onondaga as Secretary. At the meeting other speakers included Joab Banton, Bill Love, and Bill Munson. In 1936 the Association membership consisted of thirty-two (of sixty-two) District Attorneys and twenty-eight Assistant District Attorneys, according to the District Attorneys' June 1947 newsletter. The same newsletter reported that there were no records as to the number of members in 1937 and 1938, but that in 1939 there were forty-two members who were District Attorneys and sixteen Assistant District Attorneys. If in 1947 the Association had no record of the membership in 1937 and 1938, we are none the wiser fifty years later (at least as to that).

61The New York Times, Jan. 31, 1937, p. 24, col. 1.

1938

Just how did the move to a summer convention take on steam so as to become a reality? It appears that the Association had in its treasury a surplus that amounted to the princely sum of $621.00, and decided that it would be in the public interest "to get the money circulated, preferably upstate," in the summertime. We may credit William C. Martin of Onondaga, the Association's newly elected Secretary, with this civic-minded idea. In the cold of winter, he pressed the proposal on January 22, 1938, at the Astor Hotel in New York at the annual meeting, and it was warmly endorsed by the Association's newly elected President Elliott A. Horton of Livingston County, who added that a site near a golf course would be entirely apt. 62 In addition to the election of Horton and Martin, J. Seward Bodine was elected Treasurer, John R. Schwartz of Dutchess County First Vice President, and Walter A. Ferris of Westchester County Second Vice President. Bodine went on to serve as Surrogate and County Court Judge in Seneca County. On June 12, 1938, the Association met at the Cooper Inn, Cooperstown, New York, true to its pledge to hold summer conventions. 1938 was the year of the New York State Constitutional Convention. One of the most contentious points on the constitutional floor was the proposed state exclusionary rule. This preceded Mapp v Ohi063 by a number of years, and the prosecutors wanted no part of it. They made vigorous public statements decrying any state exclusionary rule. Speaking for the prosecutors, Sam Foley, the Bronx District Attorney who was on Thomas E. Dewey's committee on the search and seizure amendment, stated that these proposals "offer no additional security to the respectable citizen but would be most effective in handcuffing the prosecution of murderers, stick-up men, racketeers and kidnappers." At this Cooperstown convention, the District Attorneys appointed a special committee to oppose these measures in the Constitutional Convention. In addition to Sam Foley, the committee members were: Paul E. Lockwood, representing Thomas E. Dewey, District Attorney of New York County; District Attorney Edward J. Neary of Nassau; Charles J. Ranney of Rensselaer; Leo J. Hagerty of Erie; Daniel J. O'Mara of Monroe; A. Edward Krieger of Cattaraugus; John R. Schwartz of Dutchess; Thomas W. Wallace of Schenectady; and Daniel J. McAvoy of Broome. 64 The Constitutional Convention was also held in Cooperstown, and Dewey appeared before it, blasting measures that would bar evidence gained by wiretapping and by warrantless searches. He noted that these measures were rejected by the Bill 62The New York Times, Jan. 23,1938, p. 4. 63 367

U.S. 643 (1961).

64The New York Times, June 13, 1938, p. 14, colS. 67

William C. Martin, Secretary 1938

of Rights Committee at the Constitutional Convention, but would be brought to the convention floor "by those who sought to install fear of a police state in the minds of the citizenry.,,65 Dewey's speech was broadcast over NBC. He quoted Judge Benjamin Cardozo's language in People v. Defore66 to reflect that it lies within the power of the pettiest police officer, through overzeal or indiscretion, to confer immunity on an offender "for crimes the most flagitious." This, and other aspects of Dewey's illustrious career as a prosecutor are covered in a chapter entitled "Mr. District Attorney" in Richard N. Smith's book Thomas E. Dewey and His Times. 67 Smith begins the chapter with this colorful account: Things are boiling along here at the usual speed with nothing out of the ordinary, but some racket cases which may reach trial soon, a nice murder conviction by Rosenblum, and the necessity of preparing two or three speeches ... which is quite a burden but I am about ready to tackle it. - THOMAS E. DEWEY We note in the public prints of many cities the oft repeated cry, "What we need here is another Dewey." His name is almost a household word. -DAMONRUNYON Ferdinand Pecora held the new District Attorney's coat as Judge Charles C. Nott administered Dewey's oath of office on the afternoon of December 31, 1937. Frances and Annie were among the little group of onlookers at the ceremony, which was kept private at the D.A.' s express orders. The next day, while Frances represented her husband at LaGuardia's second inauguration, Dewey and his men moved from the Woolworth Building to 137 Centre Street, where a small army of painters and carpenters continued their ministrations to the tired structure already slated for

65The New York Times, June 12, 1938, p. 1, col. 3. 66242 N.Y. 13, 23 (1926).

67New York: Simon and Schuster, 1982. 69

replacement by a new Criminal Courts Building a block away. "Scram," Dewey told reporters camped outside the door, "I've got work to do," then good-naturedly he relented and set a press conference for ten-twenty that morning. Later he stood at the head of a receiving line for judges and other court officials, ate a hurried lunch at his desk, and counted 387 prisoners in the Tombs, nearly half of whom were awaiting grand jury action. One man had lingered over a year behind bars with no word from a jury that would either indict or set him free. Appalled, Dewey made the Tombs his top priority, and by the end of the week, 80 percent of the pending cases were resolved. The rest were disposed of within a few days.

Dewey's stunning successes as special prosecutor launched him into tenure as New York County's District Attorney. Several of Dewey's aides or special prosecutors are still with us. Among them, Thurston Greene of Millbrook, New York, was the first lawyer whom Dewey hired. Greene joined Dewey on July 25, 1935,just out of Williams College and Harvard Law School. Greene went on to a distinguished career in law and, in 1991, when he was 84, authored The Language of the Constitution. As we write, in 1998, Greene is working on a supplement. Another of Dewey's early staffers was none other than Stanley H. Fuld, who in 1967 became Chief Judge of the New York Court of Appeals. (Charles D. Breitel, who also served as New York's Chief Judge, had been on Dewey's staff as well, as was Secretary of State William Rogers.) It turned out, of course, that a state constitution exclusionary rule was rejected by the delegates in 1938,68 but it was established years later under state decisional law. 69 Robert Pitler describes a part of the Dewey era this way: [I]n 1935, a series of angry exchanges had occurred between Manhattan District Attorney William C. Dodge and a grand jury seeking to investigate the prevalence of 68See, Brown v. State, 89 N.Y.2d 172, 189 (1996); People v. Johnson, 66 N.Y.2d 398, 408 (1985). 69See. e.~ .. People v. P. J. Video,68 N.Y.2d 296 (1986), cert. denied, 479 U.S. 1091 (1987). 70

Thomas E. Dewey

racketeering, gangsterism and "the suspicious inability of the police and public prosecutors to cope with it." Dodge initially had appointed a special prosecutor to guide the grand jury investigation, but soon revoked that appointment. The grand jury subsequently barred regular assistant district attorneys from appearing before it during the investigation. The "runaway" grand jury then proceeded to conduct its own investigation without the presence of a supervising prosecutor. Soon thereafter, District Attorney Dodge was presented with an alphabetical list of names of people who might be appointed as special prosecutor, including the name of Thomas Dewey .... District Attorney Dodge refused to name anyone on the list as a special prosecutor and selected someone of his own choosing. The grand jury rejected that appointment and the person Dodge had selected declined the In accepting that declination, Dodge designation. announced that he would not appoint a special prosecutor to work with the grand jury. Eventually, the grand jury decided to end its term but renewed its demand for a special prosecutor of "unusual vigor and ability." Because racketeering and political and police corruption had become such a c"ause celebre in New York City, Governor Lehman felt compelled to intervene. At that time, and for more than the preceding one hundred years, Tammany Hall (the Democratic political machine) had, through an unholy alliance with the police and organized crime, exerted corrupt influence over all aspects of life in Manhattan. Governor Lehman recognized that only someone completely removed from Tammany Hall 足 presumably a Republican - could deal effectively with the problem. Privately and publicly the Governor told District Attorney Dodge that unless Dodge appointed a special prosecutor to investigate racketeering, the Governor would supersede Dodge and appoint a Special Deputy Attorney General to investigate all racketeering and related crime in Manhattan. As the result of Governor Lehman's intervention and direction, and to avoid being superseded, Dodge relented and appointed Dewey as special 72

Professor Robert M. Pitler, who was active in the

District Attorneys Association during 1976-1987

prosecutor....Dewey handpicked his assistants and the chief of police squad, and hired teams of special investigators and accountants. . Dewey actively and effectively went after loan sharks and labor racketeers, and was investigating and planning to seek an indictment against the notorious gangster Dutch Schultz, when Schultz was executed by his fellow racketeers. Soon Dewey began to focus his efforts on prostitution, certain that it would lead to many more racketeers. It led fIrst to Charles "Lucky" Luciano, the so足 called "Boss of Bosses." To prosecute Luciano and other major racketeers, Dewey sought a change in New York law concerning the joinder of crimes in an indictment. At the time, the offender statute permitted a person to be charged with only one crime in a single indictment. The 1936 amendment, which authorized similar crimes to be charged in a single indictment, armed Dewey with a potent weapon by which to prosecute racketeers. He soon secured an indictment charging Luciano with ninety counts of prostitution related activities. Dewey tried the case himself and engaged in a dramatic cross-examination of Luciano. Luciano was convicted on sixty-two counts and sentenced to a term of from thirty to fIfty years in prison. The judgment of conviction was affmned by the Court of Appeals. Within three short years of his appointment as special prosecutor, Dewey's "dazzling success," in particular the Luciano prosecution and conviction, had made him a national and international gang-busting hero with a strong national political following. In 1937, Dewey decided against returning to practice law on Wall Street. Instead, he ran for and was elected New York County District Attorney on the fusion ticket, headed by Fiorello LaGuardia. After his election, Dewey was prominently mentioned as the potential nominee of the Republican Party for Governor in the 1938 election. As District Attorney, Dewey reorganized, revitalized and modernized the offIce. He also continued the campaign against organized crime, 74

industrial racketeers and corrupt political and public officials. Six months after the election, Dewey secured the indictment of Tammany Hall leader Jimmy Hines. That indictment charges Hines with conspiracy and substantive crimes involving an illegal gambling (numbers) operation run by the Dutch Schultz gang. The Hines indictment was announced at the commencement of the constitutioI)al convention debate over searches and seizures, wiretapping and the exclusionary rule, and the pretrial proceedings took place in the midst of that debate. 70

***

Harry E. Lewis, a Supreme Court Justice in Kings County who had previously served as District Attorney of that county, was the chairperson of the Bill of Rights Committee, and the chief sponsor and floor leader of a search and seizure and wiretapping proposal that contained no exclusionary rule. Francis Martin, Presiding Justice of the Appellate Division, First Department and a former District Attorney in the Bronx, was one of the principal floor leaders in opposition to the exclusionary rule and constitutional limitations on wiretapping. Although not a convention delegate, New York Mayor Fiorello LaGuardia, a vigorous opponent of crime and criminals, especially those of the organized variety, was most active outside the convention hall in drumming up public opposition to proposals that would inhibit the ongoing struggle against the criminal element. Finally, the most important opponent, though also not a delegate, was recently elected Manhattan District Attorney, Thomas Dewey.71

7~. M. Pitler, Independent State Search and Seizure Constitutionalism: The New York

State Court ofAppeals' Quest for Principled Decisionmaking, 62 Brooklyn L. Rev. 6, 64-74. 71

Pitler, ~ note 70, at 63. 75

The 1938 summer convention, the first of its kind and a preview of those to follow, represented a break with the past that was to be rivaled, if not exceeded, by the momentous vote, conducted some years later, as to whether spouses were to attend summer conventions. (In truth, the term "spouses" was not used; considering that the District Attorneys were all men, they spoke only of "wives. ") Elliott A. Horton, the Association President in 1938, later became County Court Judge of Livingston County.72

72See. e.i., People v. Eckert, 198 Misc. 626 (1950). 76

John R. Schwartz, President 1939 JohnR. (Courtesy ofPoughkeepsie Journal)

1939

At the annual winter meetiilg of the Association held at the Astor Hotel in New York City on January 28, 1939, John R. Schwartz of Dutchess County assumed the presidency, succeeding Elliott A. Horton of Livingston County. Other officers elected were: Daniel J. Q'Mara, Monroe County, First Vice President; Walter A. Ferris, Westchester County, Second Vice President; Charles J. Ranney, Rensselaer County, Secretary; and J. Seward Bodine, Seneca County, Treasurer. 73 At that 1939 meeting, then Assistant District Attorney Stanley Fuld was named Chairman of the Legislative Committee. He replaced Felix C. Benvenga, Governor Lehman's appointee for a vacancy in the New York State Supreme Court. By 1939 the Association had forty-two District Attorneys and sixteen Assistant District Attorneys as members. The Association held its summer convention in Cooperstown on June 23-25, 1939.74 Governor Thomas E. Dewey appointed Schwartz County Court Judge of Dutchess County (and Children's Court Judge7s).76 After a prominent career on the bench, he died on September 25, 1967.

73The New York Times, Jan. 29, 1939, p. 26, col. 8.

74Poughkeepsie (N.Y.) Eagle News, p. 1.

7SSee. e.G., Hansen v. Hansen, 207 Misc. 589 (1955).

76See. e.~., People v. Feeney, 24 Misc.2d 74 (1960).

The War Years

Were there summer conventions between 1940 and 1946? If so, where were they held? The Association's very frrst two summer conventions took place in 1938 and 1939 in Cooperstown. The summer convention of 1947 and those that follow are well. documented. The 1940-1946 years leave us with a gap, and no readily available records. But there are reliable clues. In the June 1950 newsletter, Bob Brink speaks of pleasant memories of past summer conventions in "Cooperstown, Elmira, Thousand Islands, Saratoga, Shawnee, Lake George and Montauk." The Montauk convention was in 1949. The one at Lake George (Bolton Landing) took place in 1948, and the Shawnee (Pennsylvania) convention in 1947. Those three are chronologically listed, going backwards. That leaves Saratoga, Thousand Islands, Elmira, and Cooperstown, but there are six years to be accounted for. If Brink listed them in reverse-annual sequence, it could mean that Saratoga was the site of the 1946 convention, Thousand Islands for 1945, Elmira 1944, and Cooperstown 1943, assuming that there were' conventions in all of those years. But there is a more likely hypothesis. As Sherlock Holmes said in A Study in Scarlet, "It is a capital mistake to theorize before you have all the evidence." We do have evidence. Walter ( Dobby ) Reynolds, the 1943 President, was from the Elmira region. Carl J. Hynes, the 1944 President, was from Jefferson County, which is the home of Thousand Islands Park. This argues compellingly for 1944 in the Thousand Islands, 1943 in Elmira, and Saratoga as the site for 1945 or 1946. The 1945 President was Sam Foley of the Bronx; Leo Hagerty of Erie was the 1946 President. (We may say safely that Sam Foley would not have held the summer convention in the Bronx.) That leaves 1942, 1941, and 1940. We must also consider that these were the years of World War II and its prelude. Possibly, there were no summer conventions during those years. We do know that the State Bar Association canceled its 1942 summer convention because of the war. 77 The State Bar met at Saranac Inn on June 28 and 29, 1940,78 and it is possible that the District Attorneys met there as well, considering that they were a Bar section. But in 1938 and 1939, the State Bar met at Saranac for its summer meetings, whereas the District Attorneys went to Cooperstown.

77New York State Bar Bulletin, Jun. 1942, p. 91. 78New York State Bar Bulletin, Jun. 1939, p. 63.

From all of this, the following emerges as to the summer conventions from 1940 through 1946: 1945 or 1946 - Saratoga

~ - Thousand Islands

.1243 - Elmira

These are established beyond a reasonable doubt. 1942, 1941, and.124Q - To assign locations would require inferences piled on inferences. This is, of course, bad business at best, and a long established juridical taboo at worst. 79 Cooperstown seems to have been the site for one of these years, but the choice of which one would call for speculation wrapped in surmise, heaped on conjecture, and bounded by guesswork. Let's await a supplement.

79United States v. Ross, 92 U.S. 281, 283 (1875).

Daniel J. O'Mara, President 1940

1940

The Association met on Saturday, January 27, 1940, at the New York City Bar Building, followed by lunch at the Astor. Daniel J. O'Mara was elected Association President for 1940. O'Mara went on to a distinguished career on the bench serving as a County Judge80 and later as a Justice of the Supreme COurt. 81 He was the uncle of John F. O'Mara, the former District Attorney of Chemung County, who served as Association President in 1972-1973.

8OS ee. e.g., People v. Hetenyi, 36 Misc2d 518 (1949), affd, 301 N.Y. 757 (1950).

81See. e,i., Norry v. Land, 44 Misc2d 556 (1964).

1941

At the Saturday, January 25~ 1941, meeting in New York City,82 Nassau County District Attorney Edward J. Neary of Westbury, Long Island, was elected President, succeeding Dan O'Mara. Donald M. Mawhinney of Onondaga County was elected First Vice President; Walter B. Reynolds of Chemung County, Second Vice President; Carl J. Hynes of Jefferson County was elected Secretary, and Homer C. Pelton of Yates County, Treasurer. 83 Neary had been District Attorney in Nassau County from 1937 until 1945 when he resigned, having been named by Governor Dewey as the first New York State Director of Veteran's Affairs. He died in 1960, and is remembered not only for his service as District Attorney, but for his heroic actions during World War I, for which he was awarded the Silver Star and the Purple Heart. 84 On December 18, 1941, Thomas E. Dewey's staff gave him a farewell dinner at the Hotel Ritz Tower. The photograph is reproduced on the following page.

82New York State Bar Bulletin, Dec. 1940, p. 159. 83Watertown (N.Y.), newspaper articles, undated. 84The New York Times, Oct. 2, 1960.

Farewell Dinner for Thomas E. Dewey, Hotel Ritz Tower, December 18, 1941

Edward J. Neary, President 1941

Donald Mawhinney, President 1942

1942

Donald M. Mawhinney of Onondaga County was elected President of the Association in 1942. We have an account of Mawhinney's tenure as District Attorney, written by Hon. Stewart F. Hancock, Jr. (former Court of Appeals Judge): Mawhinney ... was in the Onondaga County District Attorney's Office during the seven-year span when the names were associated with a series of murder trials unique for their notoriety. After graduating from Syracuse University Law School, Mawhinney joined the staff of then District Attorney Frank P. Malpass. For the next 14 years, the name Mawhinney would dot the headlines of Syracuse newspapers. Having served two years under Malpass, the former Syracuse University coxswain was appointed first assistant to newly elected District Attorney William Martin. He became the colorful Martin's right hand man. The two combined their legal ability to press for convictions in hundreds of criminal cases including the frrst Carlucci murder trial, investigated stock fraud and cracked down on illegal gambling at the North Syracuse dog track. Then, in 1937, at the age of 39, Mawhinney rolled up a record-setting 40,268 vote victory margin to succeed Martin as district attorney. Three years later, Mawhinney was returned to office in another landslide vote. His six-year tenure as District Attorney was marked by two spectacular murder investigations and trials which focused national attention on the Onondaga County Court House. 85

85Syracuse Herald-Journal, Dec. 22, 1972.

One involved the 1938 murder of Laura Krenrich, the other of Anthony Nadile in 1941. Mawhinney died in 1972, 'at age 74, after a distinguished career in the law. 86 There is no record of a 1942 summer convention. Reportedly, there is no mention of one in the Syracuse newspapers for June 1942. We may guess that a 1942 convention was precluded by the war.

86The New York Times, Dec. 23,1972.

Walter B. Reynolds, President 1943

1943

1943 saw the election of Walter B. Reynolds of Chemung County as President of the Association. The summer convention was probably held in Elmira. 87 "Dobby" Reynolds went on to a distinguished career on the bench, serving on the State Supreme Court88 and then on the Appellate Division, Third Department. 89 John Q'Mara, the Association's President in 197211973, and now a Justice of the Appellate Division, Third Department, was a law clerk to Judge Reynolds in 1958.

87See, The War Years, ~,following 1939.

88See. e.~., Matter of Irving v. Finger Lakes State Parks Comm., 12 Misc2d 1087 (1958).

89See. e.&.. 6 AD2d to 55 AD2d.

Carl Carl J. J. Hynes, Hynes, President President 1944 1944

1944

In 1944 Carl J. Hynes, Jefferson County District Attorney, was elected

President. The summer convention was probably held at Thousand Islands in Jefferson County.90

9O~, The War Years, S1lIlm, following 1939.

District Attorneys Association Luncheon, Hotel Astor, January 20, 1945. 20,1945. (Photo supplied by Assistant As istant District Attorney Isabel Walsh shown/ront and center)

1945

Samuel J. Foley of Bronx County, who had been President in 1937, was elected again as President in 1945. The Association met in New York City for its mid-winter conference, and held its luncheon at the Hotel Astor on January 20, 1945. A photo of the event has been supplied by Isabel Walsh, who was in attendance and is shown front and center. The other woman in the photograph is unidentified. This is the oldest known photograph of the Association. The earlier (1941) photograph of Thomas E. Dewey's farewell was attended only by his staff. Happily, Isabel Walsh is in both photographs. There are eleven men on the dais in the 1945 photo: second from the left is Frank Hogan; third from the left is George Monaghan; sixth from the left (in the center of the dais) is Sam Foley; followed by Carl J. Hynes, of Jefferson County, who had been President in 1944; and third from the right is Stanley Fuld, who was later to become Chief Judge of the Court of Appeals. At the conference, Leo J. Hagerty of Erie County was elected Vice President; Frank S. Hogan of New York County, Second Vice President; Elbert T. Gallagher of Westchester, Secretary; and Wallace J. Stakel of Genesee, Treasurer. Foley, a celebrated toastmaster, had been in public life since 1924 when he joined the staff of the Bronx District Attorney Edward J. Glennon, who later became a Justice of the Supreme Court Appellate Division. Foley was the son of Samuel J. Foley who served in the New York State Senate from 1896 to 1906. District Attorney Foley took office in 1933, when he was appointed by Governor Herbert Lehman to succeed Charles B. McLaughlin, who went on to the State Supreme Court. Foley died in 1951.91

91The New York Times, May 15, 1951, p. 31.

1946

In 1946 Leo J. Hagerty of Erie County was elected Association President.92 He went on to serve on the Supreme Court bench the following year. 93 Hagerty was elected President at the annual meeting of the Association, held on January 25 and 26, 1946, at the Association of the Bar of the City of New York. There was a lunch at the Hotel Astor on Saturday, January 25, at a cost of $2.50. Samuel J. Foley, who presided, had asked the members to send their reservations to Elbert T. Gallagher, the District Attorney of Westchester County, who served as Secretary. For this (and, doubtless, other accomplishments) Gallagher was elevated to the County and, later, Supreme Court bench. Frank Hogan was elected First Vice President; John S. Marsh of Niagara, Second Vice President; Wallace J. Stakel of Genesee, Treasurer; and Glenn E. Charles of Wyoming County, Secretary. Haggerty, who had begun his career as Assistant District Attorney in 1925, was also named by Governor Dewey to preside over a five-year grand jury. investigation of political corruption. He retired from the Supreme Court bench in 1957 and had thirty~one years of retirement until his death in 1988.94 He is remembered at the front of Volume 90 A.D.2d of the official reports.

92New York State Bar Bulletin, Feb. 1946, p. 9.

93See. e.~., People v. Riforgiato, 5 Misc2d 853 (1957), ilffg, 5 A.D.2d 1052 (1958).

94Buffalo News, Apr. 4, 1988.

Leo LeoJ.J.Hagerty, Hagerty,President President1946 1946

Frank FrankS.S.Hogan, Hogan,President President1947 1947

1947

In 1947 the Association reported that at the end of 1946 it had a membership of 163 Assistant District Attorneys and 42 (of 62) District Attorneys, as well as six others. for a total of 211 members. This compared with 45 members in 1935, consisting of 30 District Attorneys, 7 Assistant District Attorneys, and 8 others. 95 The Association's constitution had been amended in 1935 "to admit Assistants to the sacred halls. ,,96 Even though the admission price was two dollars, only seven Assistant District Attorneys joined that year. In 1947 the District Attorneys speculated as to why the initial turnout in membership was so low, either because the Assistant District Attorneys' "feelings had been hurt or because they didn't have the two dollars. ,,97 The winter luncheon was held on January 25, 1947, at the Hotel Astor, by then a tradition, before a record-breaking crowd of 149. Frank. Hogan, assuming the presidency of the Association, began by denying that he had compelled his Assistants to attend in order to inflate the size of the crowd. He stated that he gave his Assistants a free choice of working in the office that Saturday or coming to the luncheon. The other officers elected were John S. Marsh of Niagara County, First Vice President; J. Clarence Herlihy of Warren County, Second Vice President; Assistant District Attorney George Tilzer of the Bronx, Secretary; and Assistant District Attorney Philip Huntington, Nassau County, Treasurer. 98 (For a full listing of committee members, see Appendix Bat 4.) This was an interesting slate. Three of the officers later became Appellate Division Justices: Tilzer in the First Department, Marsh as Presiding Justice of the Fourth, and Herlihy as Presiding Justice of the Third. 1947 was a smashing good year for the Association. To the public, Frank. Hogan was a highly respected, no-nonsense public official and crime fighter of the first rank. But to his colleagues he often presented another side. His hair was not long, but when he let it down - as he did at the District Attorneys conventions - he revealed himself as a man of uproarious humor and unparalleled wit. The conventions were largely stag affairs until several years later; sporting events were celebrated, and drinking was not frowned upon. Hogan was the consummate after-dinner speaker, a role he took on reliably and with relish. When he rose to speak, one could hear a

95News Letter ofthe District Attorneys Association ofthe State ofNew York, Vol. 1, No. 1, May 1947, at 4.

96Id.

98New York State Bar Bulletin, Feb. 1947, p. 37. 100

John JohnS.S.Marsh, Marsh,1st. 1st.Vice VicePresident President1947 1947

City has held a :ank Smithwick oking organizer year as District he likes to say been merely an his predecessor appointed dur majority of his )ff the criminal ).A." and "the Manhattan, say astitution, thor nd very nearly about the in are usually law ctarians, whose e. Defense law e in Manhattan ld the suburban t the great ma chooling in his ).A., but Hogan Judge John A. lriSty Sullivan) )arties in 1941. Attorney is to rith committing far as serious rmines whether the New York you are. As of conclusion this even of them itted. Seventy 03 had entered ssarily the full ictions," Hogan ., in the court ask a question means the jury ial, and I think

atbe NeW' l.ork ~imes 1Iaga!ine

JULY 23, 1967

'Bogan's Office' Is a Kind Of Ministry of Justice By MARTIN MAYER

ork County be them that they Though Hogan secution's case, ~els the defense n no more than :edure is to lay e with the de tiate about the. at should plead. ,lems we don't ra, chief of the 11 Aid Society, the defendants lone on motion 'pIe's case . you.

The New York Times Magazine, July 23, 1967

swizzle stick drop. From 1947 until his death in 1974, he attended conventions regularly and often took the podium, after a satisfying repast, to regale the assembly with his drollery. This writer was privileged to have heard a few of those talks, including his hilarious account of his last electoral campaign for District Attorney. The 1947 summer convention was Frank Hogan's production, and he carried it off with urbanity and rollicking good humor. He began with a preview, in May 1947, marked by the appearance of the first newsletter of the Association. Hogan chose the Shawnee Inn as the convention site, a break with the past conventions that were held, as one might imagine, somewhere within the Empire State. Hogan explained that he chose the State of Pennsylvania for the revelry because he felt duty bound to uphold the laws of New York, and that he could be faithful to his oath only by holding the event at a site outside the state. The convention event was held on June 27-29, 1947, under the baton of Fred Waring, the well-known band leader. Hotel rates were fixed at $13.00 per day. The notice for the meeting had all of the appropriate and expected ingredients: swimming, canoeing, riding, archery, skeet, tennis, and baseball well suited to the members and, no doubt, to a congenial press. The program for the convention is included in the June 1947 newsletter, which is reproduced here as Appendix C. The May 1947 newsletter was edited by Assistant District Attorney Joseph Sarafite. He noted with disappointment that "a patriotic effort to aid and assist New York law enforcement in its most far-reaching aspects died in the Assembly Rules Committee. ,,99 If passed, an amendment to the County Law would have allowed each county legislature to fund $150.00 annually for the continuation of the Association. He promised another attempt "to overcome the obstructionists in the Assembly." 100 Sarafite, who had previously served with Tom Dewey, later became a State Supreme Court Justice. Frank Hogan died on April 2, 1974, at 72 years of age. For thirty-two years he served the public as the nation's premier District Attorney, leaving an untarnished reputation and an office that had served as a model for prosecutors everywhere. To an entire generation he stood for all that high-minded District Attorneys aspired to, and his legacy has been carried on by admiring disciples, many of whom have gained positions of prominence in law and public life. He is remembered in a volume entitled Mr. District Attorney: The Story of Frank Hogan by Barry Cunningham and Mike Pearl. 101

99News Letter ofthe District Attorneys Association ofthe State ofNew York, Vol. 1, No.

1, May 1947, at 4.

lOlMasonlCharter, New York, 1977. 103

Hogan also published reports of the activities of his office in which he described various prosecutions, often in colorful terms. These make good reading, and this writer has seen one such, entitled "Report of the District Attorney County of New York 1949-1954," in which Hogan describes some of the notorious cases during that period, including the Waterfront Murders, the Basketball Scandal, Scarface Louie, the Fall of Joe Adonis, the Jelke Case, and a great many others. Bill Donnino, who supplied this edition, indicates that there are others, covering different years. Hogan's name will long evoke admiration in the public mind, and reverence by the vast number of assistants, associates, and others whom he influenced.

104

J.J.Clarence ClarenceHerlihy, Herlihy,President President1948 1948

1948

Warren County District Attorney J. Clarence Herlihy took over the presidency in 1948. John S. Marsh, who had been First Vice President, left to become County Judge of Niagara County. In 1974 he became Presiding Justice of the Fourth Department. Herlihy began his service as District Attorney of Warren County in 1943. Three years later his name was advanced as a possible candidate for Attorney General, and for Lieutenant Governor in 1950.102 He continued as District Attorney until his election to Supreme Court in November 1955. Governor Harriman appointed him to the Appellate Division, Third Department, where he became Presiding Justice in 1969 and served on the court until the end of 1981. He is remembered, movingly, at the front of Volume 113 A.D.2d of the official reports. In accepting his nomination to the Supreme Court in 1955, he acknowledged Beecher S. Clother for having been his political mentor. Clother, it will be recalled, started it all in 1909.103 The 1948 Association elections took place at the winter luncheon on Saturday, January 23, 1948, once again at the Astor Hotel in New York.l04 In the District Attorneys' June 1950 newsletter, Herlihy, Miles F. McDonald of Kings County, and Frank Hogan are credited with undertaking a project to form a National District Attorneys Association. McDonald was elected First Vice President; Robert O. Brink of Broome County, Second Vice President; Assistant District Attorney George Tilzer of the Bronx continued as Secretary, and Assistant District Attorney Philip Huntington of Nassau County was elected Treasurer. Stanley Fuld, who had been named to the New York Court of Appeals, was given a lifetime honorary membership in the Association. The entire membership in 1948 is listed in the June 1948 newsletter, which is reproduced here as Appendix D. It was an impressive list that included young members later to fulfill distinguished careers on the bench and in public life. 1948 also saw some tension between the District Attorneys and the courts. After Miles McDonald established that a court may not accept a lesser plea without the consent of the prosecutor,105 he and the District Attorneys lost a bid to obtain a ruling that would have allowed them, rather than the courts, to control the court

l02Glens Falls Post-Star, Apr. 11, 1955.

l03Glens Falls Post-Star, Sept. 26, 1955.

lO4New York State Bar Bulletin, Feb. 1948.

lOSMcDonald v. Sobel, 272 App. Div. 455,~, 297 N.Y. 679 (1947).

106

calendars. On May 24, 1948, the Appellate Division, Second Department, held that the power resided with the court. 106 At the January 24, 1948 luncheon, the constitution was amended to create classes of membership. The main provisions of the amended constitution were described as follows in the June 1948 newsletter: The principal business of the Annual Meeting held on January 24, 1948, at the Bar Association Building was the amendment of the Constitution and By-Laws. During 1947, our former President did a strange thing. He actually located and read the Constitution. He discovered that the Association's basic charter and some of its practices differed. As a result, he appointed a Committee on Revision of the Constitution. Its report was given a very thorough going over and polished up under the chairmanship of Miles McDonald (Kings) at a meeting of the Executive Committee on Friday, January 23. When the report was adopted next morning, Miles said "The child is now legitimate. " The main provisions of the amended constitution are: (1) Membership - There are four classes: Regular, Associate, Assistant, and Assistant Associate. Regular and Associate apply to present and former District Attorneys, Attorneys General, and United States Attorneys. Assistant and Assistant Associate apply to their present and former legal assistants. (2) Dues, payable annually - Regular and Associate 足 $10; Assistant and Assistant Associate - $3. (3) Officers - President, 1st and 2nd Vice-Presidents, Secretary, Treasurer. (4) Terms of office - President and Vice-Presidents足 one year. Secretary and Treasurer - two years, elected in alternate years.

lO6McDonald v. Goldstein, 273 App. Div. 649 (1948).

107

(5) Committees - Executive and Legislative: One member from each Judicial District. Legislative Committee acts in the name of the Association. (6) Meetings - Annually, in January, in New York or Albany as decided by Executive Committee.107 The newsletter also hailed the January luncheon as a "liquid success." Membership jumped and was tallied at 415 members before the 1948 summer convention, which President Clarence Herlihy hosted at the Sagamore Hotel at Bolton Landing on June 25-27, 1948. On the baseball diamond, "New York County" played "the rest of the state." This game, in its 1948 embryonic format, was perennially to pit a ball club to be called Hogan's Hooligans against the rest (i.e., the Association President's yearly rag-tag lot). The first of these would be McDonald's All-Stars in 1949, followed by Brink's Bombers in 1950, with many more'after that.

News Letter ofthe District Attorneys Association ofthe State ofNew York, Vol. 2, No. 4, June 1948, at 2. 107

108

Miles MilesF.F.McDonald, McDonald,President President1949 1949

1949

Miles F. McDonald, the District Attorney of Kings County, assumed the Association presidency in 1949. Elected along with him was Robert O. Brink of Broome County, First Vice President; and James N. Gehrig of Nassau County, Second Vice President. Assistant District Attorneys George Tilzer and Phil Huntington continued on as Secretary and Treasurer. On the 1949 legislative front, the District Attorneys succeeded in defeating the so-called Desmond Bill. President McDonald said this of it: Of prime importance was the defeat in the Senate of the Desmond Bill, which was designed to grant newspapers and their employees a privilege over and above those now granted to the clergy and the members of the medical and legal professions. The forces behind the bill exerted all their strength to win its passage. That the bill met with defeat was due almost entirely to the efforts of George Fanelli of Westchester, Chairman of the Special Committee, who devoted himself assiduously to research and forcefully presented the views of your Association not only before the committees of the Legislature and before the Law Reform Commission but also before the New York State Society of Editors and Publishers ....

McDonald held the summer convention at Montauk Manor, which the Kings County District Attorney's office characterized as a location of imposing, rugged grandeur that seemed "half-way to Europe." A three-day bash was produced from June 23-26, 1949, including an array of sporting events, and the first appearance of Hogan's Hooligans, who played McDonald's All Stars. The program also included music by the Montauk Manor Orchestra, "a card detective," and "a prestidigitator." Sailors were reminded to bring "Mother Sill's Seasick Remedy." Frank Hogan placed an "ad" in the June 1949 newsletter looking for baseball players, with promises of "paroles and pardons." Vince Grady, Dutchess County's District Attorney, won the prize as the best golfer.

110

On his letter of invitation, McDonald wrote: We are guaranteed the best cuisine that the hotel affords its guests, including lobsters and other seafoods for which Montauk is famous. The cost includes golf and bathing privileges. In fact, the only thing you will have to contribute is the energy to lift your own glass. A program almost identical with that of last year is being arranged, with a few additional surprises. The annual baseball game between "Hogan's Hooligans" and "McDonald All-Stars" probably will even be televised - if my team wins. I will bring my own umpires (Judges) Peo. ex reI McDonald vs. Goldstein, 273 App. Div. 649 to the contrary notwithstanding. The prizes already are coming in and will continue to do so unless you hear I have been indicted for coercion or extortion. In addition to the Grand Jurors Trophy, there will be a special competition for the President's Cup, limited to regular members of the Association, and a prize will go to the lowest gross score. The cup will be permanently awarded to the winner at my expense (sucker). It is presently being engraved. I am leaving the name of the winner black, although I have been told that we might just as well put in Jim Gehrig's name now. I hope that somewhere there is a Democratic District Attorney who can play golf but I am afraid that neither Frank Hogan, Sam Foley, Charlie Sullivan, Herman Methfessal nor myself will afford much competition. The anticipation of the increased salaries we expect to receive has softened us up ....

Those who desire may bring their wives (note it is not .D.ll!St).

I have been told that there is a conflict between the date of our Convention and the New York State Bar Association's Annual meeting. We do not fear the competition. Who wants to go to that stuffy affair anyway?

111

McDonald served as Brooklyn's District Attorney until 1953 when he went on the Supreme Court bench. He died on April 3, 1991, in Tequesta, Florida at age 85.108

l08The New York Times, Apr. 5, 1991. 112

Robert O. Brink, President 1950

1950

In 1950 the Association was led by its new President, Broome County District Attorney Robert O. Brink. George M. Fanelli of Westchester was elected First Vice President; Wallace J. Stakel of Genesee, Second Vice President; Assistant District Attorneys George Tilzer and Phil Huntington continued as Secretary and Treasurer. Brink had been elected District Attorney of Broome County in 1942, and held the position for eight years before going on to the County Court bench,l09 and then to the Supreme COurt,110 and its Appellate Division. 111 In those days, the District Attorneys' offices were small enough that the hiring of an Assistant was an item. The June 1950 newsletter (reproduced here as Appendix E) reported that three new law grads were hired as Assistant District Attorneys in Manhattan: Samuel R. Pierce, Jr. and Burton B. Roberts, both of Cornell Law School; and William Fitts Ryan of Columbia Law School. Pierce became a Judge of the Court of General Sessions of New York 112 and, later, Secretary of Housing and Urban Development. Ryan became a member of Congress; Roberts, a Bronx District Attorney, Association President (197111972), a state Supreme Court Justice, and an avid participant in the annual baseball games. Bob Brink held the 1950 summer convention on June 22-24 at Fred Hanson's Hotel on Oquaga Lake in Broome County. His June 1950 newsletter was filled with personal items relating to the various achievements of his colleagues. He notes that Assistant District Attorney Jacob Grumet (former New York County Homicide Bureau Chief), Howard A. Zeller (former Madison County District Attorney), Martin Schwaeber, George Stier, and David Dugan (Queens County Assistant District Attorneys) went on the bench. He also makes prominent mention of Clare J. Hoyt, the Orange County District Attorney. Some years later Hoyt gained widespread renown as a Supreme Court Justice in the ninth judicial district. The June 1950 newsletter was edited by Brink's Assistant, Samuel W. Bernstein. The editorial board consisted of Assistant District Attorneys, some of whom went on to high levels of acclaim. Richard G. Denzer went on the bench and had been a criminal law text commentator; Bill I. Siegel became Appeals Chief in Brooklyn; Ely L. Gellert became acting District Attorney of Dutchess County; and Harry C. Brenner became District Attorney of Suffolk County and Association

lO9See. e.i., People v. Williams, 202 Misc. 420 (1952). 110See. e.i., Hewitt v. Wasek, 35 Misc.2d 946 (1962). 1l1See. e.i., Glashow v. Allen, 27 AD2d 625 (1966). 112See. e.i., People v. Jones, 18 Misc.2d 960 (1959).

114

President in 1966. Frank DelVecchio, the Onondaga District Attorney, assisted the chairman of the "Committee on Night Life." He obviously spent his days equally productively; he ascended eventually to the Appellate Division. Bob Brink, after a distinguished career on the bench, died in 1974 at age 77. 113

New York's First Woman District Attorney The June 1950 newsletter contained an interesting item relating to Charlotte Smallwood. It read: "D.A. Charlotte Smallwood's record is becoming as attractive as her appearance (Wyoming County)." There was no mention of it, but she was the first woman District Attorney in New York State. She appears as District Attorney in People y. WQjcik. 114 The comment regarding her attractiveness should not today surprise anyone who was around in 1950. What is surprising is the minuscule nature of the mention of New York State's first woman District Attorney. Today a comment of that tenor would be unthinkable; in 1950 it would have been considered gallant, at least by the other (male) prosecutors. Charlotte Smallwood is alive and well, practicing law in Wyoming County. She provides us with some of her reminiscences of those years: The January, 1950 meeting of the New York State DA's Association was my introduction to District Attorneys from around the State. Wallace Stakel, Genesee County's DA, warned me that I would be heckled and hazed. He advised me to pay no attention and to be myself. The meeting has held in a ballroom. I was seated near Frank Hogan and "Mr. District Attorney of the Air." We were two white elephants indeed. Looking out on the assemblage, I was amazed at the number of attendees. I had expected to find one District Attorney from each County. There seemed to be hundreds.

l13Binghamton Sun-Bulletin, Feb. 21, 1974. 114305

N.Y. 551 (1953). 115

Charlotte

CharlotteL.L.Smallwood, Smallwood,1950 1950 County) First Firstwoman womanDistrict DistrictAttorney AttorneyininNew NewYork YorkState, State,(Wyoming (Wyoming County)

Each person was provided with a full bottle of liquor. That seemed like overkill, but by the time it was my turn to speak, the men all seemed to be in high gear. Following Wally StakeI's advice, I ignored the whistles and shouts and addressed them seriously, briefly and with as much dignity as a 26 year old country girl could muster. The next DA Association meeting I attended was held in Cooperstown. A large company, perhaps the Reader's Digest, had supplied enough door prizes for each person there. By this time I was accepted by the others as a viable DA. The only incident which pointed up my gender occurred when my door prize number was called. It matched a beautiful briefcase. The Master of Ceremonies ceremoniously announced that they were substituting a beautiful set of luggage for the DA from Wyoming County. I stood up, thanked them for their generosity, but said I would prefer the briefcase. I proudly carried that briefcase for over 20 years until the people in my office caused it to mysteriously disappear. One interesting observation I made at the DA meetings was that one of the main topics of conversation among elected District Attorneys was: "What is the number of your DA license plate?" Apparently, as various District Attorneys were elected to judgeship, died or were not re足 elected, the other District Attorney's plate numbers were decreased. Some professed shock to learn that I had never bothered to get a DA plate. My attendance at future meetings was curtailed when, in the middle of my three-year term as District Attorney, a Wyoming County man shot his wife and brother to death. The first 1st Degree Murder prosecution in our county in about 40 years resulted. The jury found the defendant guilty. This resulted in an automatic death sentence. I prepared the Appellate Briefs and at the request of the new District Attorney, argued the case before the

117

Attendants at 1951 Short Course for Prosecuting Attorneys 5. Thomas F. Seed, County Attorney, Sedgwick 5. Thomas Seed, County County,F. \Vichita, KansasAttorney, Sedgwick County, Wichita, 6. Margaret O'Malley, Kansas Asst. tates Attorney, 6 . Margaret O'Malley, Asst. States Attorney, Cook County, Chicago Cook County, 7. Wendell A. Miles,Chicago Prose uting Atto.:rney, HoI· 7. Wendell A. Miles, Prosecuting Atto;rney, Hol land, Michigan Michigan 8. M. land, E. H. Smith, District Attorney, Greeley, 8. M.Colorado E . H. Smith, District Attorney, Greeley, Colorado 9. Karl Alilborn, Deputy Distri t Attorney,

9. Karl Alilborn, Deputy District Attorney, Greeley, Colorado

Greeley, 10. Joseph H.. Colorado Botleman, District Attorney, 10. Joseph R . Botieman, District Attorney, Pueblo, olorado Pueblo, Colorado tates Attorney, Dade 11. Glenn . Mincer, 11. Glenn C. Mincer, States County, Miami, Florida Attorney, Dade County, Miami, Florida 12. Charles U. tates Attorney, derick, 12 . Charles U. Price, Price, States Attorney, Fr Frederick, Maryland Maryland 13. Basil Winslow Flynn, District Attorney, Ply· Winslow 13. Basil mouth. Ma aFlynn, husettsDistrict Attorney, Ply mouth. Egan, Massachusetts 14. Edward Asst. tates Attorney, ook Egan, Asst. States Attorney, Cook 14. Edward ounty, Chicago, Illinois County, Chicago, Illinois 15. Michnel Chaja, Asst. tat s Attorney, Cook 15. Michael Asst. States Attorney, Cook County,Chaja, hicago~ Illinois County, Chicago! Illinois 16. Allan 1. Hale, As t. Di tri t Attorney, Ply· M. Dist., Hale, Middleborough, Asst. District Attorney, 16. Allan mouth Ma a hu Ply etts mouth Dist., Middleborough, Massachusetts 17. James B. Harrison, Deputy ounty Attorney, 17. James B. Harrison , Deputy County Attorney, edgwick County,\Vichita, Kansas Sedgwick CountY,Wichita, Kansas 18. Anton Heigl, hief Pro uting Attorn y, Heigl, Chief Prosecuting Attorney, 18. Anton Munirh, Germany Munich, Germany 19. Hans Ko lerlitz, hief, Pro e uling Atty., Kosterlitz, Chief, Prosecuting Atty., 19. Hans Frankfort, Germany Frankfort, Germany Dist. Atty., 20. Stephen A . Moynahan, pring· A . Moynahan, Dist. Atty ., Spring 20. Stephen field, Mass. field, F. Mass. 21. Engene As t. Attorney G neral, F . Townsend, Townsend, 21. Eugene Lansing, Michigan Asst. Attorney General, Lansing, 22. Charles W. Michigan Bradshaw, ounty Attorney, W. Bradshaw, County Attorney, 22. Charles Dickinson County, Abilen , Kansa Dickinson County, Abilene, Kansasy, Jack· 23. Orwin H . Pugh. Asst. tates Attorn Orwin H. Pugh, Asst. States Attorney, Jack 23 . son Carbondale, Illinois. son County, County, Carbondale, Illinois. 24. Inspector N. W. hurchill, Royal anadian 24. Inspector NPolice, . W. Churchill, RoyalPrince Canadian Mounted harlottetown, Mounted Island, Police, Canada Charlottetown, Prince Edward Edward Island, Canada 25. Arthur B . Mend Ison, Asst. tates Attorney, B. Mendelson, Asst. States Attorney, 25. Arthur Cook County, Chicago, Illinois Cook County, tates Chicago, IllinoisChri tian 26. Scott Hoover, Attorney, 26. Scott Hoover, States Attorney, Christian County, Taylorville, Illionis County, Taylorville, Illionis 27. Eugene T. Daly, Asst. tales Attorn y, Lake T. Daly, Asst. States Attorney, Lake 27. Eugene County, Waukegan, Illinois County, Waukegan, Illinois 28. Robert L. Mor:rison, Deputy County Attorn y, Robert L. Mor;rison, Deputy County Attorney, 28. Sedgwick County, Wichita, Kansas Sedgwick County, Wichita, Kansas 29. Austin Lewis, tates Attorney, Madison Lewis, States Attorney, Madison 29 . Austin County, Edwa.rdsville, Illinois County, Edwa;rdsville, Illinois 30. Robert E. oon, County Attorney, Clayton Robert E. Coon, County Attorney, Clayton 30. County, County, McGregor, McGregor, Iowa Iowa

31. 31. 32. 32. 33. 33 .

A. James Linder, Prose uting Attorney, Ham A.burg, JamesArklln. Linder, as Prosecuting Attorney, Ham burg, Arkansas Walt r \W.. Eggers, 'Walter Eggers, County County Attorney, Attorney, Clinton, Clinton, Iowa Iowa R . Mayo, Jr ., Asst. District Henry tty., Henry R. Mayo, J;r., Asst. District Atty., Ea tern Dist. of Mass., Lynn, Mass. Eastern Dist. of Mass., Lynn, Mass. 34. org PP.. Coutrakon, outrakon, States tates Attorney, 34. G George Attorney,

pringfield, Illinois Springfield, Illinois

35. Raoul ere, Asst. District Pari h of 35. Raoul Sere, Asst. District Atty., Atty., Parish of Orleans, New Orleans, Louisiana Orleans, New Orleans, Louisiana 36. Harvie S. Du aI, pec. As t. tates Attor 36 . Harvie S. DuVal, Spec. AsstFlorida . States Attor ney, Dade County, :[iami, Dade County, Miami, Florida 37. H.. ney, Alan bclean, As t . Deputy Atty. Alan Maclean, Asst. Deputy Atty . Gen Gen 37. H eral, Victoria. B. C., Canada eral, Victoria, B. C., Canada 338. . Roy \Vagner, Asst. County Attorn y, " 'ater Roy Wagner, Asst. County Attorney, 'Vater100, Iowa 100, Iowa 39. E. 39. Kent Kent E. Yount, Yount, County County Attorney, Attorney, Columbus, Columbus, Kansas Kansas 40. C. Nels n, County Atto.:rney, Dak ta 40. Roy Roy C . Nelsen, County Atto;rney, Dakota County. Hastings, Minnesota County, Hastings, Minnesota 41. Charles R. Vaughn, Asst. States Attorney, 41. Charles R. Vaughn, Asst. States Attorney, Olney, Olney, Illinois Illinois 42. Zarowny, As t. County 42. M. M . F. F. Zarowny, Asst. County Solicitor, Solicitor, Dade Dade ounty, Miami, County, Miami, Florida Florida 43. A . Le esne, Asst. tat s Attorney, Cook 43. A . Le Cesne, Asst. States Attorney, Cook County, County, Chicago, Chicago, Illinois IllinoisCounty, Attorney, 44. 44. Rirhard Richard BB.. RYlln, Ryan, Asst. Asst. County, Attorney, aint Paul, Minnesota Saint Paul, Minnesota 4.5. Hamilton P . Fox, tates Attorn y, 45. Hamilton P. Fox, Jr., Jr., States Attorney, alisbury, Md. \Vicomico Wicomico County, County, Salisbury, Md. 46. John P . Frank, Asst. County Attorn y, aint 46 . John P. Frank, Asst. County Attorney, Saint Paul, finnesota Paul, Minnesota 47. Emmett tt Perry, Solicitor, t. of ·17. Emm Perry, Solicitor, 10th 10th Jud Jud. . Di Dist. of Alabama, Birmingham, Birmingham, Alabama Alabama 448 .. J. Alabama, B. Re d, P:ros cuting Attorn y, Lonoke, J. Arkansas B. Reed, Prosecuting Attorney, Lonoke, Arkansas 49. I J. Dillon, County Attorney, Minne 49. Micha Michael J. Dillon, apolis, Minn sota County Attorney, Minne apolis,fos Minnesota 50. Keith man, County 50. Keith Mossman, County Attorney, Attorney, Vinton, Vinton, Iowa Iowa 51. rez,z, Jr., John RR.. PPere Jr., Asst. Asst. Dist. Dist. Attorney, Attorney, 51. John Parish of New Orl ans, La. Parish ofa Orleans, Orleans, New Orleans, La. 52. ecil M. DDeason, on, Asst. oli citor, Birmingham, 52. Cecil M. Asst. Solicitor, Birmingham, Alabama Alabama 53. t Attorney, A. Stromsness, Stromsness, Distri District Attorney, Red Red 53. C. A. Bluff. Bluff, California California :>4. John C. Friedland, tate Attorney, Kane :>4. John C. Friedland, States Attorney, Kane ounty, Elgin, County, Elgin, Illinois Illinois 55. en, Asst. tates Attorney, Lawrence Gene Genesen, Asst. States Attorney, 55. Lawrence Cook County, Chicago, Cook County, Chicago, Illinois Illinois 56. V. A. Lundgren. Jr., Prosecuting Attorney, A. Lundgren, J;r., Prosecuting Attorney, 56. V.Menomine , Michigan Menominee, Michigan

Part Part of of Lecture Lecture Staff Staff

1. d E. Director of hort Course, ourse, 1. Fr Fred E. Inbau, Inbau, Director of Short Professor Law, orthwestern University Professor of ofM.D., Law,Chairman, Northwestern University 2. I. Davidsohn, Dept. of Path2. 1. ology, Davidsohn, M .D ., Chairman, chool Dept. of Path ology, Chicago Chicago Medical Medical School

3.3. 4.4.

Richard or of Richard Ford, Ford, M.D., M.D., Profes Professor of Legal Legal medimedi cine. cine. Harvard Harvard University University Rus ell S. Fisher, M.D., Chief Medical Russell S. Fisher, M.D., Chief Medical Ex Ex aminer, aminer, State State of of Maryland, Maryland, Baltimore, Baltimore, Md. Md.

Attendants at at 1951 1951 Short Short Course Cour e for for Prosecuting Prosecuting Attorneys Attorney Attendants 57. Dominick Dominick J.J. Ferrelli, Ferrelli, Asst. Asst. Prosecutor, Prose utor, Bur· Bur· 57. lington County, County, Mt. Mt. Holly, Holly, New New Jersey Jersey lington 58. Danny D. Johnson, Prosecuting Attorney, 58. Danny D . Johnson, Prosecuting Attorney, ew Philadelphia, Philadelphia, Ohio Ohio New 59. Dorothy Dorothy Kennedy, Kennedy, Prosecuting Prose uting Attorney, Attorney, 59. Brown ounty. Georgetown, Ohio Brown County. Georgetown, Ohio 60. Harry . Brenner/.. Asst. District Attorn y, 60. Harry C. Brenner, Asst. District Attorney, Huntington, L. L . 1., 1., New w York York Huntington, 61. Charlotte Charlotte LL.. Smallwood, mallwood, District District Attorney, Attorn y, 61. \Varsaw, New ew York York Warsaw, 62. Jack Ja k R. R. Knicely, Knicely, County ounty Attorney, Atto.rney, Chey· Ch y. 62. nn County, County, Sidney, idney, Nebraska ebraska enne 63. Jack Jack H. H. Myers, {yers, County County Attorney, Attorney, Kimball Kimball 63. ounty, Kimball, Kimball, Nebraska N..bra ka County, 64. Alden Aid n B. B . Whelan. Whelan. Prosecuting Pros cuting Attorney, Attorney, 64. Island County, ounty, Coupeville, oupeville, W'ashington \V"a hinglon Island 65. Gordon Gordon M.f. Tiffany, Tiffany, Attorney Attorney General, Gen ral, Con· Con65. cord, ew Hampshir cord, New Hampshire 66. C. . W Wat on Hover, Hover, Prosecuting Pros culing Attorney, Attorney, 66. a tson Hllmilton County, ounty, Cincinnati, incinnati, Ohio Ohio Hamilton 67. John H. K riakedes, County Attorney, Hay 67. John H. Keriakedes, County Attorney, H ay prings, Nebr. ebr. Springs, 6 . Ross Ros D. D. Druliner, Druliner, Jr Jr., ounty Atto:rney, Atto.rney, 68. ., County Dundy County, County, Benkelman, B nkelman, Nebraska ebrnska Dundy 69 . Thomas Thomns J. J . Rooney, Rooney, County County Attorney, Attorney, Alli· Alii69. an , Nebraska ebraska ance, 70. Raymond Raymond A. A. Bruntrager, Bruntrnger, Asst. Asst. Circuit Circuit Atty., Atty., 70. aint Louis, Louis, Missouri Mis ouri Saint 71. Raymond B. Whitak r, County and Pros. 71. Raymond B. Whitaker, County and Pros. Atty., Casper, Casper, Wyommg Wyoming Atty., 72. John John F. F. Skahen, kahen, District Distri t Attorney, Attorney, Rock· Rock72. land County, ounty, New ew City, Cily, New w York York land 73. David David F. F. Lee, Lee, District Di trict Attorney, Altorney, Norwich, orwich, 73. cw York York New 74. Jon Jon R. R. Collins, ColJins, District District Attorney, Attorney, White White 74. Pine ounty, Ely, Ely, Nevadr. evade. Pine County, 75. Frank Frank JJ.. Connett, Connett, Jr., Jr., Asst. A st. Pros. Pros. Atty., Atty., 75. Buchanan County, County, St.t. Joseph, Jo eph, Missouri Mi souri Buchanan 76. A. A. D. D. Jensen, J n en, Asst. A t. Dist. Dist. Attorney, Attorney, Washoe Washoe 76. County, Reno, R no, Nevada evada County, 77. John John E.' E. Downs, Down, Prosecuting Pros cuting Attorney, Attorn y, 77. Buchanan County, County, St.t. Joseph, Joseph, Missouri },iis ouri Buchanan 78. Hugh Hugh H. H. Evans, Evans, Prosecuting Pros uting Attorney, Attorn y, Spo po78. kane, Wa hington kane, Washington

79. TT.. K. K. Campbell, Campbell, District District Attorney, Attorney, Las Las 79. Cruces, ew Mexico Mexico Cru ces, New 80. Rollin R . Bailey, Deputy County Atty., Lin· 80. Rollin R. Bailey, Deputy County Atty., Lin coin, Nebraska ebra ka coln, 81. Burt Burt E. E. Sundbe:rg, undbe.:rg, County County Attorney, Attorney, Hal Hal· 81. lock, Minn ota lock, Minnesota 82. . R. R e, District Attorney, 5th Jud. 82. N. R. Reese, District Attorney, 5th Jud. Di t., Roswell, Ro well, New ew Mexico lexi 0 Dist., 83. Gordon Gordon Caldis, aldi, States tates Attorney, Attorney, Grand Grand 83. Forks, Norlh Dakota Forks, North Dakota 4. John John J. J. Hanley, Hanl y, Deputy Deputy County County Atty., Atty., 84. Omaha, Nebraska ebraska Omaha, 85. John John S.. Powers, Power, Asst. As t. Dist. Di t. Attorney, Attorney, Law Law· 85. r nce County, ounty, New ew Castle, Castle, Pa. Pa. rence 86. Ben B n F. F. Shrier. hri r. Deputy Deputy County County Attorney, Attorney, 86. Omaha, Nebraska ebraska Omaha, 87. Max Max L. L. McMillin, McMillin, District District Attorney, Atto.rney, 87. Josephin ounty, Grants Grant Pass, Pa s, Oregon Or gon Josephine County, 8.. Edwin Edwin Conrad, Conrad, Spec. pec. Asst. Asst. Dist. Dist. Attorney, Attorney, 88 Dane County, ounty, Madison, Madi on, Wisconsin Wi onsin Dane 89 . Walter R. Bernard, Prosecuting Attorney, 89. \Yalter R . Bernard, Prosecuting Attorney, Mer r County, County, Celina, Celina, Ohio Ohio Mercer 90. William Willinm A. A. Platz, Platz, Asst. As t. Attorney Attorney General, G neral, 90. Madison, \Vis Wi consin consin Madison, 91. K nn Ul 1. Abraham, District Attorney, 91. Kenneth M. Abraham, District Attorney, Hood River, Riv r, Oregon Or gon Hood 92.. Richard Richard W W.. Bardwell, Ba.rdwell, District Di lrict Attorney, Attorney, 92 Madison, Wi con in Madison, Wisconsin 93 . \\T. A. milh, ounty & Pros. Atty, Lander, 93. \\T. A. Smith, County & Pros. Atty, Lander, Wyoming \\T yoming 94. George Gorge R R.. Davis, Davis, Asst. Asst. Attorney Attorney Gene:ral, G neral, 94. Alban3', New Tew York York Albany, 95. J. O. ampb 11, K.C .. Deputy Atty. Gen 95. J. O. C. Campbell, K.C., Deputy Atty. Gen eral, Charlottetown, harlottetown, P.E.I., P.E.I., Canada Canada eral, 96. Harry Harry R. R. Deyman, Deyman, County County Crown rown Atty., Atty., 96. obourg, Ontario, Ontario, Canada Canada Cobourg, 97. \\Tilliam WiJliam L. L. Hungate, Hungate, Prosecuting Prosecuting Attorney, Attorney, 97. Troy, Missouri Mis ouri Troy, 9. James Jam F. Shumaker, humaker, Prosecuting Pro ecuting Atto:rney, Attorney, 98. F. Alhens, Ohio Athens, Ohio 99. George Georg P. P. Sawyer, awyer, County County & & Pros. Pros. Atty., Atty., 99. Torrington, Wyoming \V"yoming Torrington, 100. Thomns tu ve. As t. Prosecuting Atty., 100. Thomas Stueve. Asst. Prosecuting Atty., incinnati, Ohio Ohio Cincinnati,

Attendants Not Not Included in in Picture Attendants elson, States tates Attorney, Attorney, Waukegan, Waukegan, Robert C. C. Nelson, Robert Illinois Illinois Irving Isaacson, I aa son, Asst. As t. County County Attorney, Attorney, Lewiston, Lewislon, Irving Maine Maine Herbert A. Wal h, Assi tant Pro ecuting Attorn y, Herbert A. Walsh, Assistant Prosecuting Attorney, Hamilton, Ohio Ohio Hamilton, Dudl y RR.. Carr, arr, County County Attorney, Att.o.rney, Tupelo, Tup 10, Missis Mi is' Dudley sippi

sippi chwab, Asst. Pros. Frnnk A. Frank A. Schwab, Asst. Pros.

Orville Entenman, County ounty Attorney, PapiJIon, Orville bra. ka Nebraska E. O. O. Richards, Richard, County Attorney, Chappell, E. Nebra ka Nebraska H. T. T. Heisel, Reis I, Jr., Prosecutor, Pro ecutor, Flemington, (Hunt (HuntH. ounty), New w Jersey erdon County), Pro, ecuting Attorney, Ashville, Ohio Guy G. Cline, Prosecuting Attorney, Hamilton, Ohio

Attendance at 1951 Short Course for Prosecuting Attorneys Attendance

. Court of Appeals in January, 1953. The lower court's verdict was affirmed. My husband, Ned Smallwood, died in February, 1952 leaving me with two children to support. The DA's part-time salary of $3,000 for what turned out to be practically a full-time job was not feasible in my situation. I did not run for re-election. I am now completing my 50th year of trial practice in Wyoming County and treasure every minute of it. Running for District Attorney of our County started out with a reading of the Election Law. It sounded simple enough: You simply got petitions signed by enough registered voters, filed them and you were on the ballot. It turned out not to be simple at all. The Republican Party Machine which had controlled every County appointment and political job for over 40 years quaked at my temerity. No way would a primary election be tolerated. Since no Democrat had been elected to County Office in Wyoming County in the memory of man, this edict was equivalent to the denial of the right to run for office. I picked up the gauntlet. It was an introduction to dirty tricks politics. Each underhanded power play by those in power heated up our campaign. I went from door to door, bam to bam, picnic to picnic. When I was nominated, everyone was shocked, including me.

With me running as a Republican, the Democrats saw their golden opportunity. The Party rift and the fact that I was a 26 year old female created a unique opportunity for the election of a Democrat. We were off on another campaign. The Democrats circulated rumors and even announced in the press that my purpose in running was to close bars and liquor stores and "dry up" the County. My husband, Ned, and I talked it over. He sent me out to the County bars during the quiet hours. I would sit at the bar 120

and talk to the bartender while sipping a brew. I was not a drinking woman so covering many bars a day with a few sips at each was perilous, but it achieved its purpose. The bartenders squelched all talk of my tea-totaling ambitions. Meanwhile, I spoke to church groups, women's clubs, men's clubs and veteran's clubs. My message was always the same - the District Attorney's job was to enforce the law and to not make it. I would enforce the laws as I found them. On election night pandemonium broke out. During the excitement, it suddenly occurred to me that the battle was over and that now I must actually be the District Attorney. For awhile it was chaos. Newspapers from around the world phoned me. Reporters and photographers flocked in. It was a little overwhelming and disturbing. I had run as a lawyer and a person, not as a woman. Now my only recourse was to do the best possible job in my new office. Just before midnight on New Year's Eve, 1949 I took the oath of office before a very tipsy County Clerk on his front porch. I had learned that evening that if an elected official wasn't sworn in before January 1st, it would create a vacancy which the Democratic Governor could fill by appointment. The District Attorney's job was a part-time job and there being no assistants I had to prosecute all crimes in both County Court and Justice Courts. There followed three years of challenge and adventure including cases of attempted murder, murder, DWIs, manslaughter, trials of pinball machines, burglary, larceny, rape, sodomy, and assault. To add to the challenges, my daughter Suki, was born on February 11, 1951 on the day before I was scheduled to commence a manslaughter trial. The trial was simply adjourned. The baby refused adjournment. 121

Annual AnnualLuncheon, Luncheon,Hotel HotelAstor, Astor,January January28,1950 28, 1950 Dais L-R Unidentified, Unidentified, Wallace Dais L-R Unidentified, Unidentified, WallaceStakel Stakel(Genesee), (Genesee),Unidentified, Unidentified,Frank Frank Hogan Hogan(NY), (NY),Robert RobertBrink Brink(Broome), (Broome),Unidentified, Unidentified,George GeorgeFanelli, Fanelli,(Westchester), (Westchester),Sam Sam Foley (Bronx), Unidentified, Unidentified, Unidentified, Charlotte Smallwood (Wyoming), Foley (Bronx), Unidentified, Unidentified, Unidentified, Charlotte Smallwood (Wyoming), George GeorgeTilzer Tilzer(Bronx) (Bronx)

In late 1951 a man shot to death his wife and brother足 in-law. This meant a full-time investigation. Then in February, 1952 my husband died suddenly leaving me with a seven year old son and a one year old daughter. The District Attorney's salary at the time was $3,000 a year. Our private practice had begun to take root. It was a trying time. However I had no choice but to continue preparing for and trying the fIrst-degree murder charges. As I walked towards the courtroom, I heard a County OffIcer remark "Now we'll see what kind of a District Attorney we have!" That remark sustained me through around-the-clock work and sleepless nights. I did not run for re-election. After my three-years, I concentrated on my private practice. I have been greatly blessed by having brilliant associates and clients who have given me their trust. This is a remarkable account by a person of uncommon accomplishment, good nature, and humility. Being a woman District Attorney in 1949 was no ordinary feat. It was the very year in which Harvard Law School Dean Erwin Griswold announced that the Law School would open its doors to women the following year. 1l5 Many of the country's most prestigious law fIrms had no women at all, let alone as partners. To put it all in further historical context, the United States Supreme Court in 1873 I1lled against Myra Bradwell when it rejected her argument that the privileges and immunities clause of the Constitution guaranteed her the right to practice law. 116 New York's fIrst women lawyer, Kate Stoneman, was admitted in 1886, Delaware's fIrst women lawyer was admitted in 1923, and Alaska's in 1950. 117 Birdie Amsterdam was the fIrst woman to be elected as a New York State Supreme Court Justice in 1958. 118 Judith S. Kaye was confrrmed as New York's fIrst woman Judge of the New 1l5Karen Berger Morello, The Invisible Bar, New York, Random House, 1986, p. 101. 116Bradwell v. lllinois, 83 U.S. (16 Wall.) 130 (1872). 117Morello, id, p. 37. 118Reportedly, the fIrst woman assistant District Attorney in the United States was Clara Shortridge Foltz in 1911 (see, B. A. Babcock, Western Women Lawyers, 45 Stan. L. Rev. 2179 [1993]; S. D. O'Connor, The History o/the Women's Suffrage Movement, 49 Vand. L. Rev. 657,

124

York Court of Appeals on September 12, 1983, and was sworn in as the fIrst woman Chief Judge on March 23, 1993. Charlotte Smallwood takes her place among these pIOneers. In addition to Charlotte Smallwood who is seated at the dais, the 1950 luncheon photo shows two women. They are unidentified. Considering that they are unique, one may be tempted to say that the fIrst women Assistant District Attorneys appeared in that era. However, according to Thurston Greene, one of Tom Dewey's aides, Dewey hired Eunice Carter, a black woman, as one of his Assistant prosecutors, who served with Greene in 1937. 119 Carter is pictured in the December 1941 photo in which Dewey'S staff is bidding him farewell. Also, there is record evidence of an Assistant District Attorney in New York County named Bessie Hamburger. Her article entitled "Abandonment!" appears in the summer 1936 issue of The Human Side ofthe People's Case, a quarterly put out by the New York County District Attorney's office. She wrote the article as an Assistant District Attorney in 1936, and may have been hired before 1936. She may not have been the fIrst Assistant District Attorney in New York State, but there were not many, if any, before her. In addition to Eunice Carter, the 1941 Dewey group photo shows Isabel Walsh, who also served as an Assistant District Attorney in Dewey's office. In the photograph, ,a third woman, who is partially blocked, is not identified.

674 [1996]). 119See also, R. N. Smith, Thomas E. Dewey and His Times (New York: Simon and Schuster, 1982), p. 181. 125

George GeorgeM. M.Fanelli, Fanelli,President President1951 1951

1951

Westchester County District Attorney George M. Fanelli was elected President of the Association in 1951. Two years later in 1953, Governor Thomas E. Dewey appointed him County Court Judge of Westchester County. 120 He later served on the State Supreme Court121 and retired in 1974. He died, at age 92, in 1989. Wallace J. Stakel of Genesee County was elected First Vice President; W. Vincent Grady of Dutchess County, Second Vice President; Assistant District Attorneys George Tilzer and Phil Huntington continued their service as Secretary and Treasurer. In June of 1950, steps had been taken for the organization of a National Association of Prosecuting Attorneys. Miles F. McDonald assumed the initiative as chairman of the New York State District Attorneys' Association Committee. On February 23, 1951, in Chicago, the officers of the National Association of County and Prosecuting Attorneys agreed on a merger with the National Association of Prosecuting Attorneys. McDonald reported on an annual convention of the National Association of County and Prosecuting Attorneys held in Highland Park, Illinois, in August 1951. He was elected executive Vice President. Senator Estes Kefauver and United States Attorney General J. Howard McGrath addressed the group at the convention. Fanelli held the 1951 summer convention at the Sagamore on June 8-10, settling for a rate of $14.00 per person per day double occupancy. Fanelli's Fantastic Fusileers opposed Hogan's Hitless Humdingers. (This was Fanelli's creation; the Hooligans, in their own minds and uniforms, were still the Hooligans.) Fanelli's ball club won, "either 4-2 or 5-4." There was a dispute as to the score. W. Vincent Grady later became Dutchess County Surrogate and, after that, a Justice of the Supreme Court. His son, Bill Grady, is now Dutchess County's District Attorney.

l2OSee. e.~., Smith v. Top Notch Bakers, Inc., 206 Misc. 265 (1954), affd, 286 A.D. 1016 (1955). 12lSee. e.i., Goodman v. Glen Apartments, Inc., 67 Misc.2d 431 (1971). 127

Annual AnnualLuncheon, Luncheon,Hotel HotelAstor, Astor,January January27,1951 27,1951 Dais L R

Dais L - R . Stakel Vincent VincentW. W. Grady Grady(Dutchess), (Dutchess),Wallace WaUaceJJ. Stakel(Genesee). (Genesee).Unidentified, Unidentified,Frank FrankHogan Hogan

(NY), George Fanelli, (Westchester), Robert Brink (Broome), Sam Foley (Bronx),

(NY), George Fanelli, (Westchester), Robert Brink (Broome), Sam Foley (Bronx), Unidentified, Unidentified,Unidentified, Unidentified,Unidentified, Unidentified,George GeorgeDeLuca DeLuca(Bronx), (Bronx),George GeorgeTilzer, Tilzer,(Bronx) (Bronx)

Wallace WallaceJ.J.Stakel, Stakel,President President1952 1952

1952

Correspondence reveals that in 1951 Wallace J. Stakel, the Association President in 1952. beg~m contacting several resorts in Canada for a possible 1952 summer convention site. If Frank Hogan chose a Pennsylvania resort so as not to violate his oath to uphold New York State laws, Stakel, for a time, was thinking in extra-national terms. While these avenues were being explored, the winter conference was held on Friday, January 25, 1952, again at the Bar Association building on 44th Street in Manhattan, with the traditional Saturday luncheon at the Astor. On the legislative front, the District Attorneys were concerned with various facets of recidivist statutes and the roles of the Corrections Department and Division of Parole in that regard. The winter conference again featured the New York City Police Department Glee Club under the leadership of Sergeant Edward T. Dillon. In other items of interest, Vince Grady was elected Surrogate of Dutchess County; Governor Dewey named Otsego County's Fred Loomis as County Judge; and former Albany Assistant District Attorney Harold E. Koreman took a leave of absence to form the Office of Price Stabilization. In 1976 Koreman became Presiding Justice of the Appellate Division, Third Department, succeeding Clarence Herlihy in that position. Assistant District Attorney John J. O'Brien of Westchester edited the 1952 newsletter and Charlotte L. Smallwood, District Attorney of Wyoming County, was named to its Board of Editors and to the reception committee for the winter conference. Julian B. Erway, District Attorney of Albany, became head of the Legislative Committee, and FrankHogan was said to have set a state-wide record by serving for ten consecutive years as District Attorney, supposedly the longest consecutive tenure of any District Attorney in the state's history. (But did anyone remember Bill Love who served as Monroe County District Attorney from 1920 through 1931? In any case, Frank Hogan eventually served 32 years until his death in 1974.) In addition to Wally Stakel of Batavia, Genesee County, who was President in 1952, the officers for that year were George B. DeLuca (Bronx County), First Vice President; Gordon Steele (Erie County), Second Vice President; George Tilzer and Phil Huntington remained Secretary and Treasurer. In other news, Thomas Croucher, the District Attorney of Ontario County was elected Republican County Leader. In a February 26, 1952 letter to Malcolm Wilson, who was Chairman of Assembly Codes Committee, Secretary George Tilzer, then Chief Assistant District Attorney of Bronx County, protested vigorously on behalf of the Association in its opposition to bills at least one of which was passed by the State Senate that would overrule People y. Defore 122 and establish an exclusionary rule. The Association 122242 N.Y. 13 (1926), Cert. denied, 270 U.S. 657 (1926).

131

VIr. Salem G. if.ansol.lr

(not)

t~tatively

planned to go

I do

(not)

approve of having wives attend.

to Scaroon Manor the weekend of June 6th and 7th.

I am

Wallace J. Stakel District Attorney Batavia, N. Y.

Reply card for Summer Conference 1952 - Scaroon Manor, President Wallace J. Stakel

Wallace J. Stakel, President

Dear Member: We have arranged to have Scaroon Manor on the weekend of June 6th and 7th for the Dis足 trict Attorneys! Summer conference. There has been so much discussion of the decision of the Executive Committee to bar wives that it was de足 cided to have a postcard poll. Please fill in and return the post card as soon as convenient.

April 5, 1952

DISTRICT ATTORNEYS' ASSOCIATION

STATE OF NEW YORK

Loci<:port tN. Y.

Asst. Di s trict Attorney

\::.PLY C4.<;>

THIS S I DE OFCARD IS FOR ADDRESS

~.~.

argued that the bills would impair the effectiveness now given to detect and prosecute crime and that the arguments against the exclusionary rule were the same as when the rule was rejected in the State Constitutional Convention in 1938. The Legislative Committee was active in all of this, and there is an August 28, 1952 letter from Julian Erway to Wally Stakel asking Stakel to put on the Legislative Committee a young District Attorney from Schoharie County, who ran a one man office. The young man was T. Paul Kane. He became President of the Association in 1958, and eventually served on the Appellate Division, Third Department. Malcolm Wilson later became Lieutenant Governor under Nelson Rockefeller, and then Governor of New York State. The District Attorneys were not alone in regarding Wils~m as an extremely acute and open-minded analyst, who had an excellent grasp of statutes and their implications. The Legislative Committee met in Albany on December 15, 1952, and pressed a number of bills relating to concealed weapons and switchblade knives. They made this known to Senator Austin Erwin (a former Association President), whom they obviously regarded as an ally. Stakel chose Scaroon Manor on Schroon Lake in Warren County to host his 1952 summer convention, which was held on June 6-8. He expressed regret that he could not host it in his home County of Genesee, but there was no hotel large enough to accommodate the crowd. He formed a "Noisome Aggregation of Stakel's Stinkers" to play Hogan's Hooligans. The rates for Scaroon Manor were $8.00 per person with four in a room with use of bath, to the luxurious two in a room with private bath at the rate of $15.00 per person. Miles McDonald, although his presidency had passed, was still active in matters of interest to prosecutors, generally, and he authored a piece for the New York State Bar Bulletin (precursor to the New York State Bar Journal) in the July 1952 issue, entitled "Problems of a Prosecutor," in which he attempted to debunk the myths that had grown up around depictions of District Attorneys' offices both derogatory and superhuman. On the legislative front that year, the District Attorneys focused on the admissibility of illegally obtained evidence.

The Wives We must thank Wally Stakel for his meticulous retention of his voluminous records for 1952. Were it not for those records there would be no documentation as to a point of contention that reached epic proportions: Were the summer conventions to remain as what some District Attorneys called "stag affairs"? Obviously these were not stag affairs in the strictest sense; some wives did attend past conferences, but it 133

was not the rule. The photo of the 1951 winter luncheon at the Astor shows at least three women. The summer conventions, though, took on a distinctly male aura. It was not the call for scholarly monasticism that dominated their thinking. The District Attorneys saw it as a time for "the boys" to spend three days in a heady blend of sports, law, baseball, politics, cocktails, and entertainment, in degrees of importance that varied with the members. And so when the question of wives' attendance arose, the Great Debate ensued. The storm began when in January of 1952 the executive committee voted to exclude wives. A membership uproar followed, and the question was put to the entire membership by way of post card response. With the summer convention only a little more than a month away, Stakel reported to the membership that as of May 1, 1952, the tally was 91 for wives and 90 against, with more cards to come in. At that point he felt that the vote was too close to merit exclusion and that "we have decided to bar no one from bringing wives and attending breakfast and lunch with them, but we would rather not have them attend the evening meetings." Indeed, the program listed "Card Games for Ladies" at 2:00 p.m. on Saturday, June 7, 1952. Stakel encouraged the members to attend a course for prosecutors given at Northwestern School of Law. He kept a brochure, with photographs showing the 1951 course class. Charlotte L. Smallwood is pictured as one of the 100 prosecutors (see, "1950"). In June 1952, the Association appointed a special committee to study and report on a uniform anti-gambling act that had been brought up for consideration by the American Bar Association. The c.9mmittee's report of December 12, 1952, authored by committee Chairman Frank A. Gulotta, District Attorney of Nassau County, held that New York's laws were not only adequate and workable but that a new statute could produce loopholes and defeated prosecutions. Correspondence reveals that at the request of Broome County's District Attorney, Robert E. Fischer, Stakel appointed Louis M. Greenblott, a Broome County Assistant District Attorney, to serve on the summer conference committee. This proved to be a judicious appointment. Greenblott later went on the bench and capped his judicial career as a Justice of the Appellate Division, Third Department. Wally Stakel served as District Attorney of Genesee County for two decades and then practiced law. He died on May 18, 1989 in Falmouth, Maine, at age 79.

134

1953

George B. DeLuca, Bronx District Attorney, was elected President of the Association in 1953. The annual winter gathering of the Association was held on January 30 and 31, 1953. As was customary, the meeting was held at the Bar Association of the City of New York on Friday, with the Saturday luncheon at the Astor. The New York City Police Department Glee Club was again engaged to enliven the event. The legislative program focused on several bills that the District Attorneys were advancing, particularly with regard to the weapons provisions of former Penal Law ยง 1897. The Association also sought to broaden the definition of burglary so as to include automobiles, trucks, truck trailers, and airplanes. The Association opposed an amendment to former Penal Law ยง1053-a in relation to creating a presumption of recklessness and culpability with regard to criminal negligence in the operation of a vehicle, resulting in death. Also, the Association considered the prospect of utilizing a separate information to charge a defendant with prior felonies. 123 . DeLuca had occasion to write an article for the New York State Bar Bulletin, July 1954, entitled "A District Attorney Reports," in which he tries to balance the issues involved in pre-trial disclosure and press coverage. The article is a thoughtful piece and demonstrates that these issues are still not amenable to easy solution. Now, of course, we have the annual Fair Trial-Free Press Conference in which members of the bar and the media continue to grapple with the problems.

123People v. DeSantis, 305 N.Y. 44, cert. denied, 345 U.S. 944 (1953).

135

George GeorgeB.B.DeLuca, DeLuca,President President1953 1953

Frank FrankA.A.Gulotta, Gulotta,President President1954 1954

1954

Nassau County District Attorney Frank A. Gulotta was elected Association President in 1954. He has fond recollections of the summer convention he hosted at the Lido Beach Hotel in Lido Beach, New York. He recalls the Association being treated to an exquisite lobster luncheon at Jones Beach, by Robert Moses, and that: during the course of the convention we had fishing boats and some yachts at our disposal for those who wanted that type of entertainment. We also had a day at Jones Beach for anyone who wished to take advantage of their facilities. The annual baseball game was played by "Hogan's Hooligans" against "Gulotta's Goombahs." We won the game by use of a little trickery. I had arranged with the umpire and the buses that when we went into the lead at any point, the game would be called. There was a point in the game when that happened and I got on the bullhorn and announced that the game had to be called, that the buses had to meet a schedule and were waiting to take us back to Lido Beach for other festivities. [Needless to say, Burt Roberts, who was- playing short stop as Captain for Hogan's Hooligans, became quite excited and was shouting some unkind words as Gulotta's team left the field. 足 Editor's note] Our final evening and our gala dance was to the music of Guy Lombardo, who was gracious enough to appear in person with one of his bands and spend the evening with us.

***

There was a funny incident that I recall - when Ed Silver and his wife arrived (both being orthodox), and I accidentally overheard Mrs. Silver say to Ed that she would undoubtedly be able to eat nothing because she saw no kosher foods on the menu. Ed was trying to placate her. I immediately sent one of my assistants to the manager to see if any provision could be made for kosher food. I was much relieved when I received an affirmative answer and 138

District DistrictAttorneys AttorneysAssociation, Association,Summer SummerConference, Conference,Lido LidoBeach BeachHotel Hotel1954 1954

Henry Henry"Hank" "Hank"DeVine, DeVine,Treasurer Treasurer1954-1975 1954-1975

had an announcement made over the loud speaker that kosher food was available for those who desired it. At that point I overheard Ed Silver turning to his agitated wife and remark, "Didn't I tell you these fellows out here overlook nothing." The Winter luncheon, which was run at our usual hotel in New York, was also very interesting. Since Gulotta's Goombahs had beaten Hogan's Hooligans, we decided to lord it over Frank Hogan. We decided to have corned beef and cabbage as our luncheon dish. Needless to day, Frank's salivary glands were waiting for this good old fashioned Irish dish. However, the waiters had been instructed to serve everyone except Frank Hogan. He sat there patiently watching everyone else eat and wondering why he hadn't been served. At the signal one of my assistants, who was dressed up as a Chef, high hat and all, came strolling out with a heaping plate of spaghetti and tomato sauce, while the band played, "0 Solo Mio" and graciously served Frank with spaghetti, which was our symbol for having him "eat crow." At that luncheon our speaker was Walter Cronkite, who did a parody on the District Attorneys, under his usual theme, "And you were there. "

Gulotta went on the Supreme Court bench from which he was elevated to the Appellate Division, Second Department, and later became its Presiding Justice in 1974. In 1954 Phil Huntington, who had served faithfully as Association Treasurer for several years, went on the Supreme Comt bench, where he sat until the end of that year. From May to December of 1954, the published law reports carry forty-two of his decisions surely a record. 124 It was Henry DeVine, also of Nassau County, who took over as Treasurer, and for many years Hank was an integral part of the Association, its planning and its legislative agenda.

124~, 132 N.Y.S.2d to 138 N.Y.S.2d.

141

Carleton CarletonJ .J.King, King,President President1955 1955

1955

Carleton J. King, the Saratoga County District Attorney, was elected President in 1955. The summer convention was held at the Sagamore. Dave Wait, who was Saratoga District Attorney some years later, reports that in the softball game with the Hooligans, Carleton's team of upstaters won "using a one-armed left handed pitcher hired the day before as an investigator." In 1955 George Tilzer, the Association Secretary and former chief Assistant District Attorney of the Bronx, went on the Supreme Court bench. Correspondence reveals the important role that Tilzer played in all phases of the Association's activities. He later went on the Appellate Division, First Department, where he served until the end of 1975. King later became a member of Congress. During his long tenure there (1960足 1975), King served on a sub-committee of the House Armed Services Committee. At one time in his career he was the second-ranking member of the House of Representatives from New York State, and during his political life he was a confidant of former Governor Nelson A. Rockefeller. At the time of his death, King was consultant to the Administrator of Veterans Affairs in Washington, D.C. He died in Bradenton, Florida, on November 19, 1977. His grandson, James A. Murphy, III, who has been most helpful in providing resource information, is presently the District Attorney of Saratoga County, the very office that King held from 1949-1-960.

143

(;eorge GeorgeTilzer, Tilzer,Secretary Secretary1947-1955 1947-1955

John JohnF.F. Dwyer, Dwyer,President President1956 1956

1956

John F. Dwyer of Erie County was the Association President in 1956. Esther Scheelar, John Dwyer's secretary, recalls that the Dwyer summer convention was held at Scaroon Manor in Schroon Lake, New York. In 1947, Erie County District Attorney Gordon Steele named Dwyer Assistant District Attorney. Dwyer was elected District Attorney in 1952, and in 1959 went on the Supreme Court bench. In the October 1955 New York State Bar Bulletin, Dwyer is pictured along with District Attorney Leslie Briggs of Cortland County, as they, along with others, conducted a criminal law forum for the Young Lawyers' Section of the State Bar. Dwyer died in 1968 at age 64. There are two Presidents for 1956: in addition to John F. Dwyer, Harry C. Brenner served for a time. Brenner was a colorful, buoyant man, who was a regular at Association meetings for many years. According to Harry's successors, he was appointed an Assistant District Attorney in Suffolk County in 1938 and served as District Attorney from 1953 until his resignation on March 16, 1956. One of Harry's Assistants was Bernard C. Smith, who went on to become a prominent State Senator, active in legislation that was of interest to the Association.

146

Harry HarryC.C.Brenner, Brenner,President President1956 1956

Edward EdwardS.S.Silver, Silver,President President1957 1957

1957

Although not large of physical stature, Edward S. Silver of Brooklyn loomed large as a prosecutor and formidable figure in law enforcement and judicial circles. He served as Association President in 1957. That year T. Paul Kane of Schoharie County was Association Vice President, and Abraham Isseks of Orange County was Second Vice President. Henry P. ("Hank") DeVine of Nassau County was Treasurer and Richard G. Denzer of New York County was Secretary. Both DeVine and Denzer were appellate practitioners of the first rank. Denzer was Frank Hogan's appeals chief, while DeVine handled appeals for the Nassau County District Attorney's Office. The volumes of their era are filled with references to them and to their advocacy in a vast number of cases, many of them of the highest importance. DeVine's appellate tenure ran from about 301 N.Y. (1950) to 36 N.Y.2d (1975) in over one hundred cases before the Court of Appeals. Denzer's went from about 287 N.Y. (1942) to 10 N.Y.2d (1961), in voluminous numbers of cases during that era. Dick Denzer later went on the bench as a Judge of the Court of Claims and served路during that tenure as an acting Supreme Court Justice from 1974 to 1981. He was frequently cited (along with the estimable Peter McQuillan, also a former Assistant District Attorney and Judge) in the McKinney's Practice Commentaries. Denzer died on January 15, 1992. 125 Peter McQuillan, as of this writing, is alive and well, wintering in Florida, and serving on a number of committees in the court system. Ed Silver recalled his childhood on the lower east side as the son of immigrants who were "so rich that I didn't have to work until I was nine years old." And work he did, graduating from City College in 1920 and Harvard Law School in 1924, where he served as Secretary to Felix Frankfurter. He became Brooklyn's Chief Assistant District Attorney in 1946 and District Attorney in 1954, where he gained a reputation as a rackets buster and foe of organized crime. Silver, who Frank Gulotta reminded us was an orthodox Jew, held his summer convention at the Pines Hotel in South Fallsburg, New York, on June 13-16, 1957. The Pines was a kosher hotel, but Silver, sensitive to his Catholic colleagues, wanted to be sure that everyone could fully enjoy the events and the cuisine. He wrote to the Archbishopric of New York asking that a dispensation be granted to Catholics from the June 14th obligation of fast. The Very Rev. Msgr. Thomas A. Donnellan saw the justice in this and in substance granted Silver's application. (Alright, already, if meat was not allowed on Friday, at least sour cream and borscht were.)

12SThe New York Times, Jan. 17, 1992, p. D 16

149

~ GIANTS

GIANTS.

1957, 1957,L-R L-RFrank FrankS.S.Hogan, Hogan,(L) (L)Edward EdwardS.S.Silver Silver(R) (R) shown shownwith withPines PinesHotel HotelHost Host

1957, 1957,Back BackRow RowL-R L-R Charles CharlesMcDonough, McDonough,Sheldon SheldonLevy, Levy,Unidentified, Unidentified,Ed EdSilberling, Silberling, Howard Jones, Judge John Canella, Unidentified, Carl Vergari, Front Row Howard Jones, Judge John Canella, Unidentified, Carl Vergari, Front Row Richard - Richard Nachman, BurtRoberts, Roberts,Frank FrankHogan, Hogan,John JohnMcAvinue, McAvinue,Allen AllenElliot Elliot Nachman,Burt

1957 1957Paul PaulKane Kaneand andEdward EdwardS.S.Silver, Silver,Others Othersunidentified unidentified

1957 1957Back Backrow row Unidentified, Unidentified,Frank FrankGulotta, Gulotta,Harry Harry.Rosenthal, .Rosenthal,Frank FrankS.S.Hogan, Hogan,Ray Ray Baratta, Paul McCabe, Jack Casey Front row Dick Denzer, T. Paul Kane, Baratta, Paul McCabe, Jack Casey Front row Dick Denzer, T. Paul Kane, Unidentified, EdwardSilver, Silver,Abraham AbrahamIsseks, Isseks,Carleton CarletonKing, King,Hank HankDeVine DeVine Unidentified,Edward

After his tenure as Brooklyn's District Attorney, Silver became the county's Surrogate. He was 76 years old when he died in 1974. 126 Hank DeVine served faithfully as Association Secretary from 1954-1975. He is now retired and living in Long Island. In late 1957, after the State Police roundup of the mob in Apalachin, Governor Averell Harriman turned his attention to the state's capacity to deal with racketeering and organized crime. On December 10, 1957, he contacted district attorneys to meet with him and, on December 23, 1957, appointed a committee of district attorneys to deal with the subject. Frank Hogan was named the committee head. In his February 3, 1958 message to the legislature, he forwarded the recommendation of the committee for what was to be the formation of a fifty-member Criminal Intelligence Unit within the Bureau of Criminal Investigation of the State Police. The Criminal Investigation Unit was to collect information and assist local district attorneys and law enforcement officers. In addition to Frank Hogan, the other committee members were Schenectady County District Attorney Morris M. Cohn, Nassau County District Attorney Frank A. Gulotta, Saratoga County District Attorney Carleton J. King, and Kings County District Attorney Edward S. Silver.

126The New York Times, Nov. 28, 1974, p. 6. 154

T.T.Paul PaulKane, Kane,President President1958 1958

1958

The following year, 1958, saw the Presidency of District Attorney T. Paul Kane of Schoharie County. He was Paul Kane; no one knew much about the "T.", but he was the son of Tom Kane, a prominent Poughkeepsie resident. Kane, who was graduated from Yale in 1942 and Albany Law School in 1948 with a service stint in the interim as a Lieutenant in the United States Naval Reserve on the destroyer PAUL HAMILTON, became District Attorney of Schoharie County in 1951. Handsome and athletic, Paul was - and still is - a good tennis player who broadened the convention's sporting events accordingly when he selected the Otesaga at Cooperstown as the summer convention site. 127 Earlier that year, on February 1, 1958, at the Roosevelt Hotel in New York, the Association held its annual winter luncheon. At the summer convention held at the Treadway-Otesaga in Cooperstown, the District Attorneys: went on the record as approving the strictly legal use of wiretaps as a part of the necessary investigative procedure in law enforcement, and studied the traffic control problem with an eye towards reducing the tragic annual highway death toll. The entertainment side of the program included such events as two softball games, umpired by old-time major league relief pitcher "Jim Konstanty" of Oneonta, some skirmishes on the Cooperstown Country Club golf links and a barbecue. Awards for all the sports events were presented by Atty. Kane. An amusing feature of the banquet was the presence of Dukes Oak Summer Theater owner-producer Henry Beckman who, dressed as a waiter, with grimy towel over his shoulder and an oversize pair of ice tongs in his pocket, stirred up quite a "fuss." His exemplification of the somewhat slaphappy and impudent waiter involved several incidents including a staged clash with the headwaiter, some calculated noisy 1270neonta Star, Jun. 24, 1958.

156

conversations with certain of the guests, and was climaxed with his introduction to the guests by MC Kane, who explained the role. 128

On behalf of the Association, Kane had also reacted to the proposed creation of a State Crime Commission: Kane said the new commission "can't help but be an improvement" over the work of Harriman's investigation commission, headed by Acting Special Investigations Commissioner Arthur Reuter, which is being abolished, along with the Republican-controlled "watchdog committee. " "We would assume," he said, "that the four men selected for the commission will be men of outstanding caliber, prestige and stature." He said that Reuter has been "snooping around the state, irritating and annoying district attorneys wherever he goes." Instead of cooperating with district attorneys, Kane charged that Reuter has been interfering with their activities. "The governor has the authority to replace any district attorney who is not handling his job properly," said Kane. "And if the governor doesn't act in such cases, the people usually do at the polls. With this in mind, it is our belief that any state crime commission should work with the district attorneys, rather than compete with them." 129

1280neonta Star, Jun. 24, 1958, p. 3. 129Elmira Star Gazette, Mar. 28, 1958. 157

;' \ ~

Annual AnnualLuncheon, Luncheon,Hotel HotelRoosevelt, Roosevelt,February February1958 1958 Dais DaisL-R L-R Ray RayBaratta Baratta(Dutchess), (Dutchess),Abe AbeIsseks Isseks(Orange), (Orange),Paul PaulMcCabe McCabe(Chemung), (Chemung),Jack Jack Casey Casey(Rensselaer), (Rensselaer),T.T.Paul PaulKane Kane(Schoharie), (Schoharie),Louis LouisLefkowitz Lefkowitz(New (NewYork YorkState StateAttorney Attorney General), Ed Silver (Kings), George DeLuca (Bronx), Frank Hogan (New York), Carleton General), Ed Silver (Kings), George DeLuca (Bronx), Frank Hogan (New York), Carleton King HarryRosenthal, Rosenthal,Dick DickDenzer Denzer King(Saratoga),Unidentified, (Saratoga),Unidentified,Johl!. John_Braisted Braisted(Richmond), (Richmond),Harry (New York), Wally Stakel (Genesee) (New York), Wally Stakel (Genesee)

Thomas ThomasE.E.Dewey Dewey&&T.T.Paul PaulKane Kane

Kane became a Supreme Court Justice in 1964, and was elevated to the Appellate Division in 1972 where he served until 1990. He now practices law in Schoharie County. Some of this information was supplied by Paul and his wife, Jean, in late 1997 just before their ski trip to Mad River Glen, Vermont.

161

Oneonta Star

Tuesday, June 24, 1958

;;S

,lican Party Convention

I lrk lte ~al

rd :a ng

nt :'e

Ip d

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'e f1-

I i

FRANK S. HOGA~, district attorney for New York County, and famed nationally for his handling of such underworld figures as Lucky Luciano, rece;ves a softball award from State District Attorney. Association president T. Paul Kane of Schoharie County. (Star Staff Photo).

:! BDistrict Attorneys of State C H d j

anquet at o~perst~,"?n

IOne~nta Sol?ier

1 In Au' ExercIse

ote IM;'F~nf~~}~~~ s~~nTe~p~. ~~iP~:

COOPERST0'YN-.A bIlef but .hllapous speech by i 32 Richards Ave., Oneonta partid Frank S. Hogan, New r ork County dl~trlct attorney, was Ipated in an air transportation exer 5 a feature of the banquet Saturday mght staged by the dse conducted by the 8th Infantry ,- District Attorney's Association of New York State. near Wiesba,den, Germany. e

-I_

,_!

Mr. Hogan, famed for his hand-I .. . . ling of the cases of such notor-. ious underworld figures as Lucky I fIeld· mcludm~ Edward S. Sliver, Luciano, was one of the dignitar- i the past pre~ldent. * ies seated at the speakers table I, * in the Treadway - Otesaga dining I 1 TJI~Sth P~;\CTICA~LYth ,~?nrooms. The banquet was the cli- cue e Ig annua ga ermg ma.x of a three-day meeting of' of the DAs. Th~ p;ogram some 290 DAs, former dish'jet at. throughout the m~etm~ mel~dtorneys and guests at the Coopers-. ed some work sesslOn~ m which to,,,n hotel. i the gro~p came up WltI: recom* * * : met;dahons which mcIuded "'0"" ,.-n"ro ."" ..... ~~.• ~.. !.. _ their approval of work ca:nps

Tripp, a fire team leader in Company A of the divisions 5th Infantry. entered the Army in April 1957 and received basic training at Fort Riley. Kan. He arrived in Europe in December 1957.

The 23-year-old soldier is a 1953

graduate of Oneonta High School

and was formerly employed by the

Grand Union. His wife, Barbara, is with him in Germany.

Oneonta Star, June 24,1958, Pg, 3

Abraham AbrahamIsseks, Isseks,President President1959 1959

1959

Abraham Isseks, the District Attorney of Orange County, assumed the leadership reins and was sworn in at the Hotel Roosevelt in New York City on January 31, 1959. Isseks, a former Syracuse University football player, succeeded Clare J. Hoyt as District Attorney of Orange County when Hoyt went on to the Supreme Court to become one of the most illustrious judges in the history of his region. Isseks chose the Concord Hotel at Kiamesha Lake in Sullivan County as his summer convention site, and in this was aided by his Assistant Angelo Ingrassia, who became Orange County District Attorney, and the Association President in 1969. Ingrassia recalls that their celebrity-guest was Raymond Burr. (Burr played Perry Mason on television. Week after week the undefeatable defense attorney made mincemeat out of District Attorney "Hamilton Burger. ") Ingrassia also recalls having acquired 200 orange足 colored bow ties to distribute to the members at the convention. Frank O'Connor discovered them and under cover of darkness dyed them all green. Isseks later went on to the Supreme Court. He died in 1987 at 74 years of age.

164

Hotel HotelRoosevelt Roosevelt L-R L-RJack JackCasey, Casey,J im JimO'Connor, O'Connor,Carleton CarletonKing, King,Abe AbeIsseks, Isseks,Harry HarryRosenthal Rosenthal1959 1959

Annual AnnualLuncheon, Luncheon,Hotel HotelRoosevelt, Roosevelt,January January31,1959 31,1959 Dais DaisL-R L-R Dick DickDenzer Denzer(New (NewYork), York),Paul PaulMcCabe McCabe(Chemung), (Chemung),Unidentified, Unidentified,Joe JoeGagliardi Gagliardi Harry Rosenthal (Monroe), Unidentified, Frank Hogan (New York), (Westchester), (Westchester), Harry Rosenthal (Monroe), Unidentified, Frank Hogan (New York),T.T. Paul PaulKane Kane(Schoharie), (Schoharie),Louis LouisLefkowitz Lefkowitz(New (NewYork YorkState StateAttorney AttorneyGeneral), General),Ed EdSilver Silver leton (Bronx), FrankGulotta Gulotta(Nassau), (Nassau),Ray RayBaratta Baratta(Dutchess), (Dutchess),Abe AbeIsseks Isseks(Orange), (Orange),Car Carleton (Bronx),Frank Jack Casey (Rensselaer) King (Saratoga), King (Saratoga), Jack Casey (Rensselaer)

Raymond RaymondC.C.Baratta, Baratta,President President1960 1960

1960

As the 1960 President, Raymond C. Baratta, District Attorney of Dutchess County, named his fearless nine Baratta's Barracudas, as we see him pictured with Frank Hogan at the 1960 summer convention, held at the Saranac Inn. For that year the Association's First Vice President was Harry L. Rosenthal of Monroe County, with Frank D. O'Connor as Second Vice President. Richard H. Kuh was Secretary and Hank DeVine, Treasurer. In the later (1963) photograph showing Ray near the podium, his expression was typical: he enjoyed a good laugh. He was a talented piano player, who earned his living as a musician while going to school. At gatherings Ray would often be called on to play, as a crowd gathered around him to sing. Ray had followed, and enhanced, a tradition of Dutchess District Attorneys who were active in the Association. As D.A., Ray succeeded Vince Grady, who was an Association officer before going on the bench. Vince, in tum, was a successor of John R. Schwartz, who served as Association President in 1939. And it is to Ray whom this writer owes his thanks, for having been hired as a Dutchess County Assistant District Attorney in 1964. During Baratta's year as Association leader, the question of wiretapping was at the fore. On February 26, 1960, Baratta, as Association President, and a delegation of Association members, met with Robert McCrate, counsel to the Governor. The issue was the admissibility of wiretap evidence that was legally obtained under New York law, but was violative of federal law .130 The Association took the position, earlier advanced by Paul Kane during his leadership, that wiretap evidence legally obtained under New York law should be admissible. The Association advocated legislation. The idea that indictments could be dismissed notwithstanding that the proof rested on wiretaps approved by state court judges created a public stir, and not a few strong newspaper editorials. 131 Ray Baratta later became Dutchess County Surrogate. He died on October 18, 1990, with the reputation of a highly admired and acclaimed public servant. In 1996, the county erected a new courthouse for the Family Court and named it the Raymond C. Baratta Courthouse. Requiescat in pace.

130See. e.g., Benanti v. United States, 355 U.S. 96 (1957); People v. Dinan, 11 N.Y.2d 350 (1962); People v. Variano, 5 N.Y.2d 391 (1959). 131See. e'i., New York Herald-Tribune, Apr. 7, 1960.

169

Raymond Baratta, Dutchess and Frank Hogan, New York County Baratta, Dutchess and Frank Hogan, New York County Raymond Raymond Baratta, Dutchess and Frank Hogan, New York County Raymond Baratta, Dutchess and Frank Hogan, New York County Raymond Baratta, Dutchess and Frank Hogan, New York County Softball Game Baratta's Barracudas vs. Hogan's Hooligans (winner) Baratta's Barracudas vs. Hogan's Hooligans (winner) Softball Game Softball Game Baratta's Barracudas vs. Hogan's Hooligans (winner) Baratta's Barracudas vs. Hogan's Hooligans Softball Game Softball Game Baratta's Barracudas vs. Hogan's Hooligans (winner) (winner)

L-R Burt Roberts, Frank Hogan, ClifT Alexander, Arthur Muhlstock, Saranac Inn, Lake Burt Roberts, Frank Hogan, Cliff Alexander, Arthur Muhlstock, Saranac Inn, Lake L-R L-R Burt Roberts, Frank Hogan, ClifT Alexander, Arthur Muhlstock, Saranac Inn, Lake L-R Burt Roberts, Frank Hogan, Cliff Alexander, Arthur Muhlstock, Saranac Inn, Lake L-R Burt Roberts, Frank Hogan, ClifT Alexander, Arthur Muhlstock, Saranac Inn, Lake June 1960 Saranac, June 1960 Saranac, June 1960 Saranac, June 1960 Saranac, Saranac, June 1960

Summer Conference, June 1960 June 1960 Conference, Summer Summer Conference, June 1960 June Summer Conference, Summer Conference, June1960 1960 L-R Back row Ed Silver (Brooklyn), Irving Lang, Bob Goldman, Frank Brenner, Dick Ed Silver (Brooklyn), Irving Lang, Bob Goldman, Frank Brenner, Dick L-R Back row L-R Back row Ed Silver (Brooklyn), Irving Lang, Bob Goldman, Frank Brenner, Dick Ed Silver (Brooklyn), Irving Lang, Bob Goldman, Frank Brenner, Dick L-R Back row L-R Back row Ed Silver (Brooklyn), Irving Lang, Bob Goldman, Frank Brenner, Dick Nachman, Arthur Muhlstock, Ed Silberling, Don Hopper, Ellio Eisman, Howard Jones Arthur Muhlstock, Ed Silberling, Don Hopper, Ellio Eisman, Howard Jones Nachman, Nachman, Arthur Muhlstock, Ed Silberling, Don Hopper, Ellio Eisman, Howard Jones Arthur Muhlstock, Ed Silberling, Don Hopper, Ellio Eisman, Howard Jones Nachman, Nachman, ArthurHogan, Muhlstock, Ed Silberling, Don Hopper, EllioFerony, Eisman,ClifT Howard Jones Front row Frank Burt Roberts, Carl D'Angelo, Frank Alexander, Front row Frank Hogan, Burt Roberts, Carl D'Angelo, Frank Ferony, Cliff Alexander, Front row Frank Hogan, Burt Roberts, Carl D'Angelo, Frank Ferony, ClifT Alexander, Front row Frank Hogan, Burt Roberts, Carl D'Angelo, Frank Ferony, Cliff Alexander, Front row Frank Hogan, Burt Roberts, Carl D'Angelo, Frank Ferony, ClifT Alexander, Convention Sponsor Convention Sponsor Convention Sponsor Convention ConventionSponsor Sponsor

Frank FrankD.D.O'Connor, O'Connor,President President1961 1961

1961

Frank O'Connor of Queens County served as President of the Association in 1961. He was a much beloved man, who was not only an outstanding District Attorney, but a man of the widest public prominence, who even ran for governor on the Democratic ticket. The annual winter luncheon was held on January 28, 1961, at the Astor. The summer convention, featuring O'Connor's Coolcats vs. Hogan's Hooligans, was held at Montauk Manor on June 21-25, 1961. O'Connor was beloved by his colleagues and revered by his Assistants. O'Connor died on December 2, 1992,132 after an illustrious career in public service. He began in 1948 as a State Senator, and later served as District Attorney of Queens County from 1957 to 1966, when he was elected President of the New York City Council. That year he ran for governor against Nelson Rockefeller and lost the election by the narrowest victory margin in Governor Rockefeller's four campaigns. He went to the State Supreme Court in 1968, and to the Appellate Division in 1976, where he remained until he retired in 1986. Guy J. Mangano, who is now the Presiding Justice of that court, remembers O'Connor as a man of saintly character and congenial personality: When I think of Frank 0'Connor, it brings to mind a person of compassion, understanding and concern for others. He also was a man who knew how to enjoy life. I recall an instance many years ago while we were attending a New York State Senate Club weekend at the Nevele. Frank convinced Walter Mahoney, his wife Mary and myself to accompany him for a glider flight. As we arrived at the airport, a young lady greeted us and immediately recognized Frank as the individual who made an emergency landing some time before at that airport. Frank recalled that it was during a gubernatorial campaign and thanked the young lady for the kindness shown to him on that evening. Then, he nonchalantly took his turn in the glider. In any type of stressful situation, Frank 0'Connor would display this type of poise. He was also a man who had a magnificent command of the English language, both 132The New York Times, Dec. 3, 1992, p. D21. 172

Summer Conference - Montauk Manor, Montauk Long Island - June 21-25,1961 Summer Conference Montauk Manor, Montauk Long Island June 21-25, Summer SummerConference Conference- --Montauk MontaukManor, Manor,Montauk MontaukLong LongIsland Island- --June June21-25,1961 21-25, 1961 1961

Frank D. O'Connor, President Frank D. O'Connor, President

Frank FrankD.D.O'Connor, O'Connor,President President

L-R Judge Charles FroeseU, New York Court of Appeals, Frank Hogan, Frank O'Connor, L-R Judge Charles Froesell, New York Court Appeals, Frank Hogan, Frank O'Connor, L-R Courtofof ofAppeals, Appeals,Frank FrankHogan, Hogan,Frank FrankO'Connor, O'Connor,

L-R Judge JudgeCharles CharlesFroeseU, Froesell,New NewYork YorkCourt Raymond C. Baratta Baratta Raymond Raymond Baratta

RaymondC.C. C.Baratta

Summer Conference - Montauk Manor - Montauk, Long Island - June 21-25,1961 Summer Conference -- Montauk Manor -- Montauk, Long Island -- June 21-25, Summer SummerConference Conference- Montauk MontaukManor Manor- Montauk, Montauk,Long LongIsland Island- June June21-25,1961 21-25, 1961 1961

Frank D. O'Connor, President Frank O'Connor, President Frank FrankD.D. D.O'Connor, O'Connor,President President

Bottom L-R Max Gaifunt, Paul Kane, Bernie Smith, Frank O'Connor, Jack Casey Frank O'Connor, Jack Casey Bottom L-R Max Galfunt, Paul Kane, Bernie Smith, Bottom FrankO'Connor, O'Connor,Jack JackCasey Casey

BottomL-R L-R Max MaxGaifunt, Galfunt,Paul PaulKane, Kane,Bernie BernieSmith, Smith,Frank

Annual Luncheon Hotel Astor, January 28,1961 Annual Luncheon Hotel Astor, January 28,1961 Dais L-R Unidentified,Unidentified, Wallace Stakel, Paul McCabe (Chemung), John Dais L-R Unidentified,Unidentified, Wallace Stakel, Paul McCabe (Chemung), John Braisted (Richmond),Unidentified, Harry L. Rosenthal (Monroe), Abe Isseks (Orange), Ed Braisted (Richmond),Unidentified, Harry L. Rosenthal (Monroe), Abe Isseks (Orange), Ed Silver (Brooklyn), Louis Lefkowitz, (New York State Attorney General), Ray Baratta Silver (Brooklyn), Louis Lefkowitz, (New York State Attorney General), Ray Baratta (Dutchess), Frank O'Connor (Queens), Frank Hogan (New York), Jack Casey (Dutchess), Frank O'Connor (Queens), Frank Hogan (New York), Jack Casey (Rensselaer), Dick Kuh (New York) (Rensselaer), Dick Kuh (New York)

SummerConference ConferenceMontauk MontaukManor, Manor, Montauk Montauk Long Long Island, Island, June June 21-25, 21-25,1961, Frank D. D.

Summer 1961, Frank O'Connor,President President

O'Connor, FrontRow RowL-R L-R Dick DickDawson Dawson (Cattaraugus), (Cattaraugus), Carmen Carmen Ball Ball (Erie), (Erie), Unidentified, Unidentified, Hon. Hon.

Front Charles Froesell (Court of Appeals), Frank O'Connor (Queens), Frank Hogan (New York),

Charles Froesell (Court of Appeals), Frank O'Connor (Queens), Frank Hogan (New York), RayBarratta Barratta(Dutchess), (Dutchess), Ed Ed Silver Silver (Kings), (Kings), Wally Wally Stakel Stakel (Orange) (Orange)

Ray SecondRow RowL-R L-R Manny MannyLevine Levine (Nassau) (Nassau) Unidentified, Unidentified, Lou Lou Greenblott Greenblott (Broome), (Broome), Alex Alex

Second Jr. (Greene), Jim O'Connor (Saratoga),Unidentified, John Braisted (Staten

Wiltse, Wiltse, Jr. (Greene), Jim O'Connor (Saratoga),Unidentified, John Braisted (Staten

Jack Casey, Casey, (Rensselaer) (Rensselaer)

Island),Unidentified,Unidentified, Unidentified,Jack Island),Unidentified, JackConway Conway (Monroe), (Monroe), Vince Vince Cerrito Cerrito (Schnectady), (Schnectady), Mort Mort Silberman, Silberman,

BackRow RowL-R L-R Jack Back Jack Garry (Albany), Paul Kane ( Schoharie), Charlie Bowers (St. Lawrence),

(Rockland), (Rockland), Jack Garry (Albany), Paul Kane ( Schoharie), Charlie Bowers (St. Lawrence), Unidentified,Andy AndySchlusberg Schlusberg (Fulton), (Fulton), Unidentified Unidentified

Unidentified,

when he spoke and when he wrote. But the greatest testament to his memory was his dedication to the rule of law. As many of his former colleagues, both in the District Attorneys Association and on the bench, will recall, Frank O'Connor exemplified what it means to be righteous and fair, and always remained a man who was steadfastly devoted to the cause of justice.

177

John JohnT.T.Casey, Casey,President President1962 1962

1962

At the end of 1997, John T. Casey concluded his tenure as a Justice of the Appellate Division, Third Department. It was a career marked by distinction, hard work, and accomplishment. Jack served as Rennsalaer County District Attorney and was installed as President of the Association in 1962. That year John M. Braisted, Jr. of Richmond County was First Vice President; Leslie E. Briggs of Cortland County, Second Vice President; Dick Kuh was Secretary, and Hank DeVine, Treasurer. The winter luncheon was at the Astor Hotel on January 27, 1962. At that time, the New York State Temporary Commission on Revision of the Penal Law and Criminal Code was in place. It was headed by Richard J. Bartlett of Glens Falls, who later became New York State's first Chief Administrative Judge. In early 1962, the Association presented its views to the Commission in a lengthy statement by Dick Kuh. Mapp had recently become the law of the land,133 Miranda v. Arizona134 was just around the comer, with United States v. Wade 135 not far behind. People v. Huntley136 arrived in 1965. In its presentation, the Association strongly opposed defendants' interlocutory appeals from adverse suppression rulings. The legislature eventually provided for those appeals on review of the final judgment, including judgments based upon guilty pleas. Casey's summer convention, featuring Casey's Comets as the opponents of Hogan's Hooligans, was held at the Sagamore Hotel in June of 1962.

133Mapp v. Ohio, 367 U.S. 643 (1961).

134384

U.S. 436 (1966).

135388 U.S. 218 (1967).

136 15

N.Y.2d 72 (1965).

179

Annual AnnualLuncheon LuncheonHotel HotelAstor, Astor,January January27,1962 27,1962 Dais L-R Unidentified, Unidentified, Unidentified, Dais L-R Unidentified, Unidentified, Unidentified,John JohnBraisted, Braisted,Ray RayBaratta, Baratta,Abe Abe John Casey, Frank O'Connor, Frank Hogan, Ed Silver, Alex Wiltse, Isseks, Unidentified, Isseks, Unidentified, John Casey, Frank O'Connor, Frank Hogan, Ed Silver, Alex Wiltse, Jr., Jr.,Unidentified, Unidentified,Unidentified, Unidentified,Dick DickKuh, Kuh,Unidentified Unidentified

Summer SummerConference, Conference,Sagamore SagamoreHotel Hotel1962 1962 L-R Back Row Art Muhlstock, Steve Marks, Sponsor,Frank FrankHogan, Hogan,Moe MoeMarks, Marks, L-R Back Row Art Muhlstock, Steve Marks,Sponsor, Howard Jones, Bob Lehner, Bob Popper Front Row Irving Lang, Burt Roberts, Howard Jones, Bob Lehner, Bob Popper Front Row Irving Lang, Burt Roberts,Oscar Oscar Blaustein, Blaustein,Jack JackCasey's Casey'sson sonTom, Tom,Hank HankDogin, Dogin,Frank FrankBrenner, Brenner,Dave DaveMahoney Mahoney

J John ohn M. r., President M.Braisted BraistedJ Jr., President1963 1963

1963

The insanity defense was a topic of primary importance in 1963. John M. Braisted was at the Association helm; Leslie E. Briggs of Cortland County was First Vice President and Isidore Dollinger, Bronx District Attorney, Second Vice President. Dick Kuh and Hank DeVine continued as Secretary and Treasurer. In March of 1963, the Assembly Codes Committee reported on A. 3439 (S. 2656). The bill proposed that a person is not to be held responsible criminally for his conduct: ...if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity: (a) to know or to appreciate the wrongfulness of his conduct; or (b) to conform his conduct to the requirements of law. As used in this section, the terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.

The Association opposed this bill in a memo to the legislature, and arranged for a meeting with Dick Bartlett on June 7, 1963 at 270 Broadway, New York City (the same office, incidentally, as Bartlett's office as New York State's first Chief Administrative Judge). On November 13, 1963, Elliott Golden, then Chief Assistant District Attorney of Kings County, circulated a memo reflecting the Association's proposals as to the insanity defense. It provided that: (1) A person is not responsible for criminal conduct if at the

time of such conduct, as a result of mental disease or defect, he lacks substantial capacity to know or appreciate either: (a) The nature and consequence (quality) of such conduct, or (b) That such conduct was wrong.

The Association presented it as a "realistic compromise between those who advocate the absolute retention of the McNaughton Rules and those who propose the very broad standard contained in the American Law Institute formula."

184

Summer Conference 1963, Whiteface Inn Summer SummerConference Conference1963, 1963, Whiteface WhitefaceInn Inn Summer Conference 1963, Whiteface Inn L-R Unidentified, Leslie E. Briggs, Ray Baratta, Isadore Dollinger, Ed Silver L-R L-RUnidentified, Unidentified,Leslie LeslieE. Briggs,Ray RayBaratta, Baratta,Isadore IsadoreDollinger, Dollinger,Ed EdSilver Silver L-R Unidentified, Leslie E.E.Briggs, Briggs, Ray Baratta, Isadore Dollinger, Ed Silver

Dick Kuh, Secretary 1955-1964 Dick DickKuh, Kuh,Secretary Secretary1955-1964 1955-1964

Dick Kuh, Secretary 1955-1964

Although the summer convention's legislative side may have been dominated by talk of the insanity defense, there was an entertaining side as well. Braisted held the convention at the Whiteface Inn at Lake Placid from June 12-16, 1963. He remembers a slice of it this way: Frank Hogan, a beloved member of our Association formed a baseball team of which the honorable Burton Roberts was a captain. It was known as Hogan's Hooligans and succeeded in becoming recognized as the champion of all DA's offices in the state. You undoubtedly recall that the honorable Judge Roberts was known as Red Roberts. Our team was known as Braisted's Bombers. The game drew a crowd. There were many arguments and fights that occurred. Even the integrity of the umpires was questioned by Red Roberts. All in attendance were amazed, especially Red Roberts when Braisted's Bombers won the game. There was great exultation by the many who saw the game and a feeling of great depression by Red Roberts and his team. Braisted's Bombers celebrated their victory at the dinner. However I believed that Braisted's Bombers continued their celebration after the dinner by walking outside the hotel toward the swimming pool. A challenge was forthcoming daring anyone to dive into the pool. Only one responded, that is Assistant DA Ralph D'Orio fully clothed dove into the pool. Unfortunately the celebration suddenly came to a halt when it was realized that Assistant DA D'Orio jumped into the shallow part of the pool. Fortunately his injuries were slight.. ..

In 1963, largely through the efforts of Dick Kuh, the Combined Council of Law Enforcement Officials had been created. It consisted of various law enforcement agencies and sought to develop educational programs, and to coordinate efforts and legislative objectives. The Council put out several informative publications during 1963 and thereafter.

186

1964 was Dick Kuh' s last year as Secretary of the Association. Kuh had an illustrious career as a prosecutor. He had been Administrative Assistant to Frank Hogan, and later succeeded Hogan as District Attorney of New York County, a post which he held in 1974. As Association Secretary, he was a mainstay and a frequent voice for the Association. Dick reminisces: From the mid-50's until just short of the mid-60's, as a member of the Association's Legislative Committee, and then Secretary of the Association, I enjoyed the camaraderie of prosecutors throughout the Empire State. Apart from attending the annual summer weekends on Lake George and the late January Saturday luncheons with so many others state-wide, it was great - and I hope constructive - to participate in the Association's trips to Albany that took place, at least once annually, during the Legislative session. The key interviews at those meetings were with Malcolm Wilson, then Chair of the Assembly Codes Committee - and later New York State's Governor 足 concerning pending bills of particular interest to law enforcement personnel. We prosecutors were always massively impressed with Malcolm's great candor and the full information he had at his fingertips. Without looking at a note, he was always fully aware of the pros and cons of each bill in the criminal field, of what groups were for it or against it, and what the Governor was likely to do if it passed. With good humor he would advise us realistically, not always what we wished to hear, information always non-politically imparted. On these trips to Albany, we would stay at the DeWitt Clinton Hotel ("the DeWitt"), and in the evening would enjoy an epicurean seafood dinner, in turn-of-the足 Century ambience, at Keeler's on State Street (alas, it is no more!). I particularly enjoyed the privilege, year after year, of working with a succession of great elected District Attorneys, as well as with a handful of dedicated Assistants, including Hank DeVine of Nassau County, 187

Elliott Golden of Kings County, and the late Ben Jacobson of Queens County. By the early 60's, the District Attorneys recognized the need for broad law enforcement support (or, when appropriate, opposition) for bills in the criminal justice field. The New York State Combined Counsel of Law Enforcement Officials was formed, led by the State D .A. 's Association, the prosecutors being joined by the State Sheriff s Association, the State Police Chief s Association, and the Grand Jurors' Association. The Combined Counsel was then able to speak with the legislators with the clout of New York law enforcement State-wide. John Braisted died December 9, 1997 at age 90. 137 Dick Kuh practices law in New York City.

137The New York Times, Dec. 17, 1997.

188

Isadore IsadoreDollinger, Dollinger,President President1964 1964

1964

On January 31, 1964, at the Astor Hotel, and as a part of its winter meeting, the Association held a conference entitled "The Interrogation of the Accused." Panelists were Harvard Law School Professor Arthur E. Sutherland; Leonard P. Moore, Judge of the United States Court of Appeals for the Second Circuit; Royal Canadian Mounted Police Commissioner George B. McClellan; American Civil Liberties Union General Counsel Osmond K. Fraenkel; and Bronx Assistant District Attorney Irving Anolik. A set of panelists for another session included Federal Narcotic Bureau Assistant Commissioner George H. Gaffney, Northwestern University Law Professor Fred E. Inbau, and New York City Police Commissioner Michael J. Murphy. (The transcript of this event was printed in Volume 49 of the Cornell Law Quarterly [1963足 1964]). Along with the election of Isidore Dollinger of the Bronx as President, Paul H. McCabe of Chemung County was elected First Vice President, and Morton B. Silberman of Rockland County as Second Vice President. Dollinger's summer convention was held at the Laurels Hotel in Sullivan County, with Dollinger's DDT's (Dollinger Don't Tell) falling to Hogan's Hooligans. Dollinger went on the Supreme Court bench in 1968 and served until 1975. Dollinger is alive and well at 94 years of age, and resides in New York City.

190

New ict Attorneys NewYork YorkCity CityDistr District AttorneysIsadore IsadoreDollinger, Dollinger,Frank FrankO'Connor, O'Connor,Edward EdwardSilver, Silver, Frank FrankHogan Hoganand andJohn JohnBraisted Braisted1964 1964

Paul PaulM. M.McCabe, McCabe,President President1965 1965

1965

On January 28, 29, and 30, 1965, the Association held its winter meeting at the City Bar building on 44th Street. Paul H. McCabe of Chemung County was elected President; Morton B. Silberman of Rockland County, First Vice President; and Bernard (later Senator) Smith of Suffolk County, Second Vice President. The highlight was an all-day forum on the sentencing, probation and parole provisions of the proposed new Penal Law for the State of New York that had been drafted by the State Commission to Revise the Penal Law and Criminal Code. The forum took place on January 29, 1965, at the Bar Association of the City of New York. The panelists were Russell G. Oswald, Chairman of the New York State Division of Parole; Paul D. McGinnis, New York State Commissioner of Corrections; Peter Preiser, Assistant Counsel to the Revision Commission; and Bertram R. Gelfand, Bronx County Assistant District Attorney. On April 23, 1965, at Hotel Manhattan in New York City, the executive and legislative committees of the New York State District Attorneys Association met to consider legislative issues that included suppression motions; mandatory punishment for multiple gambling offenders; stop and frisk, no-knock and no-sock laws; pre足 interrogation warning of suspects; the insanity defense; youthful offenders; pornographic material relating to minors; expungement of arrest records; and blue足 ribbon grand juries. Falling as it did in the mid-"sixties," the D.A.s were concerned with issues involving civil rights demonstrations, and met to discuss those issues on May 28, 1965 at the Yates Hotel in Syracuse. The summer convention - for this writer the fIrst of many - was held on June 9-13, 1965 at the Lido Beach Hotel in Lido Beach, Long Island. Paul McCabe died on January 2, 1979 at 56 years of age. He had served as Chemung County District Attorney for 12 years, from 1955 to 1967, and then as Elmira Corporation Counsel.

193

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Hogan's Hogan'sHooligans Hooligans- -L-R L-RTop TQPRow: Row:Irving IrvingMenddsohn, Menddsohn,Bob BobLehner, Lehner,Hank HankDogin, Dogin, Unidentified, Unidentified,Art ArtMublstock, Muhlstock,Mike MikeJuviler, Juviler,Unidentified. Unidentified.Bottom BottomRow: Row:Abe AbeBrodsky, Brodsky, Lang, Dave Goldstein and Ed Silberling Irving Irving Lang, Dave Goldstein and Ed Silberling

Leonard LeonardRubenfeld, Rubenfeld,President President1966 1966

1966

In August of 1965, Mort Silberman, the Association's First Vice President and President-about-to-be, had begun making arrangements for the 1966 summer conference at Lake George's Sagamore in Bolton Landing. Silberman, however, went on the County Court bench,138 and Bernie Smith, the Second Vice President, became a State Senator. The annual winter meeting was held on February 3-5, 1966, with the Saturday, February 5th luncheon at the Astor. Leonard Rubenfeld, the District Attorney of Westchester County, was chosen as President for 1966. The Association's First Vice President was William Cahn of Nassau County; Michael F. Dillon of Erie County, Second Vice President; Elliott Golden, the Chief Assistant District Attorney of Kings County was Secretary, while Hank DeVine continued as Treasurer. Golden came to play an important role in the Association's activities for a number of years. He went on the Supreme Court bench in 1979, where he sits today. The February 4, 1966 program featured presentations on law enforcement and obscenity. The first topic was: "'Law Enforcement's Role in Effectuating Anti足 Obscenity Statutes' (The reason for Anti-Obscenity laws, the role of the police and the prosecutor in enforcing such laws; should law enforcement agencies be pornography censors[?])." Elliott Golden was moderator. Participants were Lieutenant John J. Sullivan, New York City Police Department Legal Bureau; Dr. William P. Reilly, National Co-Chairman, Citizens for Decent Literature, Inc.; Martin Garbus, Esq., Co足 operating Attorney, New York Civil Liberties Union; Leonard Rubenfeld, District Attorney, Westchester County; and Rev. Dr. William F. Rosenblum, Rabbi Emeritus, Temple Israel, New York City. The second topic was: "'Are the Present Anti-Obscenity Laws Adequate?' (Are the present obscenity laws too lenient or too restrictive?; Should there be special statutes dealing with the dissemination of objectionable material to children?; Is federal intervention and regulation needed?; The role of the prosecutor and the Court in applying existing law; Suggestions as to possible further legislation)." The moderator was Michael F. Dillon, District Attorney, Erie County, and the participants were: John T. Manning, Esq., Counsel to the New York State Joint Legislative Committee on Obscene Materials; the Rev. Rodney N. Usher-Wilson, Committee of Religious Leaders of the City of New York, Sub-Committee for the Elimination of Salacious Literature; Morris L. Ernst, Esq., Noted attorney and author; Honorable J. Irwin Shapiro, Justice of the Supreme Court, State of New York; and Father Morton Hill - Operation Yorkville - Society for the Protection of Children's Mental and Moral Health.

138He later was elected Supreme Court Justice (see, Kollin v. Shaff, 79 Misc2d 49

[1974]).

196

Summer Conference, Sagamore, Lake George 1966, Rubie's Ruffians Summer Conference, Sagamore, Lake George 1966, Rubie's Ruffians Summer SummerConference, Conference,Sagamore, Sagamore,Lake LakeGeorge George1966, 1966,Rubie's Rubie'sRuffians Ruffians

Summer Conference, circa 1966, Sagamore, Lake George, Hogan's Hooligans Back Row Summer Conference, circa 1966, Sagamore, Lake George, Hogan's Hooligans Back Row Summer SummerConference, Conference,circa circa1966, 1966,Sagamore, Sagamore,Lake LakeGeorge, George,Hogan's Hogan'sHooligans Hooligans Back BackRow Row Gerry Harris, Hank Dogin, Bob Lehner, Art Muhlstock, Marty Danziger, Larry LetT L-R L-R Gerry Harris, Hank Dogin, Bob Lehner, Art Muhlstock, Marty Danziger, Larry LetT Gerry Harris, Hank Dogin, Bob Lehner, Art Muhlstock, Marty Danziger, Larry L-R L-R Gerry Harris, Hank Dogin, Bob Lehner, Art Muhlstock, Marty Danziger, LarryLetT LetT Middle Row Dick Nachman, Norman Ostrow, Dave Goldstein, Ed Silberling, Larry Middle Row Dick Nachman, Norman Ostrow, Dave Goldstein, Ed SHberling, Larry Middle MiddleRow Row Dick DickNachman, Nachman,Norman NormanOstrow, Ostrow,Dave DaveGoldstein, Goldstein,Ed EdSilberling, SHberling,Larry Larry Bernstein [nmt &m: Irving Lang Bernstein EDmt Row Irving Lang Bernstein Bernstein [nmt EDmt&m: Row Irving IrvingLang Lang

Bob BobLehner, Lehner,New NewYork YorkCounty, County,accepting acceptingtrophy trophyfrom fromPresident PresidentLen LenRubenfeld Rubenfeld

Sagamore SagamoreHotel, Hotel,Lake LakeGeorge George1966 1966

On April 21 and 22, 1966, Governor Rockefeller held his landmark Conference on Crime with many prosecutors in attendance. The 1966 summer convention took place at the Sagamore on June 8-12, 1966, and featured a seminar on the Proposed Code of Criminal Procedure, with Dick Bartlett, Peter McQuillan, and Dick Denzer. There was also a voice print lecture by Lawrence G. Kersta. As to the baseball game between Hogan's Hooligans and Rubie's Ruffians, Rubenfeld warned: No pre-conference message to the members of the Association would be complete without referring to the annual softball game. Hogan's Hooligans will be outfitted in their customary stylish green, while Rubie's Ruffians will be equipped with red jerseys to hide any Irish blood that might be spilled in the course of the goings on. The game will be, as it always is, the highlight of the sports competition. I don't want to make any rash predictions on the outcome of this, but Burt Roberts is going to be playing for the Ruffians this year, and the rest of the team has shed a total of just under a hundred pounds getting ready for what can only be called the World Series of Law Enforcement. Sad to say, the warning was a hollow one. The "upstaters" as they were called (even though the President's team was a composite of players from everywhere but the Manhattan District Attorney's office) had not much of a chance against the Hooligans. It had become increasingly evident that 'the Hooligans were not to be vanquished, given their star center-fielder and clean-up hitter, Bob Lehner, an Assistant District Attorney. In 1957 Lehner graduated from Columbia, where he played varsity baseball and basketball. He was signed immediately by the Cleveland Indians organization and played minor league ball with its farm team, the Fargo (North Dakota) Twins that year. Later that same year he played for the North Platte (Nebraska) Indians, coached by Rudy York, formerly of the Detroit Tigers. He hit the longest ball ever hit in the Hastings Nebraska Stadium as of that time. At the District Attorneys conventions, Lehner, a 6'3" lefty, covered most of the outfield and snared pretty much anything that wasn't near the foul lines. At bat, even if he didn't hit over the outfielders' heads, he would round the bases, expecting that the fielders would either drop the ball, lose it in the sun, or throw wild. They rarely disappointed him. With路 Lehner at bat, almost anything could tum out to be an inside颅 the-park home run. Rival District Attorneys would jestingly accuse Hogan of hiring 199

on meriL.: baseball merit. But Lehner was a prosecutor of the first rank and served as Hogan's homicide chief. He is now an Assistant United States Attorney in Miami, and was former head of the Miami (federal) Strike Force, after having served as Counsel to the United States House of Representatives Committee to investigate the assassinations of John F. Kennedy and Martin Luther King, Jr. And there were other good ballplayer-Hooligans during that era: Hank Dogin (later head of the United States Drug Enforcement Administration) at short, Art Muhlstock on the mound, Bob Tanenbaum (later, Mayor of Beverly Hills and novelist), Ken Klein, and Dick Lowe (now a Supreme Court Justice). Over the years, particularly the 1970s, the upstaters had Cayuga County District Attorney Peter (now County Judge) Coming on the mound. Pete, a right-handed hurler, was pretty good, but the motley crew behind him each year was not about to attract the attention of any scouts. After serving on the Westchester County Court, Rubenfeld concluded his judicial career as a Supreme Court Justice md a Justice of the Appellate Term. He retired in 1989 and now resides in Peekskill.

200

Peter PeterCorning, Corning,DA, DA,Cayuga CayugaCounty County1966 1966

L-R Joe Gagliardi (Westchester), Ed Silver (Kings), Paul McCabe L-R L-R Joe Gagliardi Gagliardi (Westchester), (Westchester), Ed Ed Silver Silver (Kings), (Kings), Paul Paul McCabe McCabe L-RJoe Joe Gagliardi (Westchester), Ed Silver (Kings), Paul McCabe (Chemung), Len Rubenfeld (Westchester), Unidentified (Chemung), (Chemung), Len Len Rubenfeld Rubenfeld (Westchester), (Westchester), Unidentified Unidentified (Chemung), Len Rubenfeld (Westchester), Unidentified Summer Conference 1966 Summer Summer Conference Conference 1966 1966

Summer Conference 1966

Joe West, extreme right, Others unidentified Joe Joe West, West, extreme extreme right, right, Others Others unidentified unidentified Joe West, extreme right, Others unidentified

.~j .~j

William WilliamCabn, Cahn,President President1967 1967

1967

1967 was the year of the New York State Constitutional Convention. Once again, the question of the use of wiretapping was debated heatedly. Frank Hogan made a statement opposing those who were seeking to prohibit judicially authorized wiretaps. In January of 1967, Hogan made these remarks in concert with the Association: What little ammunition the Supreme Court has left us to fight crime, some members of our Legislature want to take away from us. You will have noticed that the Steingut-Blumenthal bill to outlaw judicially authorized eavesdropping was reported out by the Codes Committee without any member of the Committee even doing us the courtesy of asking our opinion. 26 Assemblymen - almost all of them Democrats from New York City - held up their litmus-paper covered fmgers and, when what they think is the prevailing political wind turned them yellow, fought to get their names on the bill as co-sponsors. These "characters" regularly beat their breasts in public about the need for more effective law enforcement. Their pious expressions of alarm about the dangers and the appalling increase of crime are transparent hypocrisy. I had occasion the other day to suggest, with characteristic restraint, that one of these Assemblymen was a faker. I underestimated him. Meeting him, a few days later, he complained that I had overlooked the consistency of his record. "You got me wrong," he said. "I was against Knock-Knock, Stop and Frisk and all this business about voluntary confessions." I apologized. I said, "You are a bigger faker than I thought you were."

204

These so-called representatives of the people take advantage of the confusion, which exists in the minds of good persons, between the "horror" stories associated with illegal wiretapping and the legal practices sanctioned by our State Constitution and our Criminal Code. They are always photographed examining a new gimmick. Here, Ladies and Gentlemen, is an electronic olive which, placed on the window-sill outside the apartment of the nearest nymphomaniac, will pick up every matrimonial indiscretion from New York to Utah. And here is a magnetic pickle which, placed in a Hero sandwich and concealed in the lunch box of the Secretary to David Sarnoff, will give off beams that will divulge NBC's secrets to Mr. Paley of CBS, and light his cigar at the same time. We don't have any such olives or pickles! And, of course, we are not interested in the extracurricular activities of the married or single, nor in industrial espionage. We do prosecute "private eyes" when, to get this information, they wiretap illegally but that is the extent of our concern. We are interested in Louis the Lump, often with a record a yard long, who is conspiring to shake down storekeepers or manufacturers and whose track record strongly suggests that, along the way, he is perfectly capable of knocking off a recalcitrant victim or two. Tie our hands on that one, Mr. Legislator, and then try to palm yourself off as a champion of law enforcement.

In February 1967, the Association, by Elliott Golden, appeared before the Assembly Codes Committee with an impassioned plea for increased regulation of fIrearms. The offIcers for 1967 were: William Cahn of Nassau County, President; Michael F. Dillon of Erie County, Vice President; with Elliott Golden and Hank DeVine as Secretary and Treasurer. Cahn's summer convention was held at the Lido Beach Hotel in Lido Beach, Long Island. Cahn's Coolies were mugged by Hogan's Hooligans.

205

Michael MichaelF.F.Dillon, Dillon,President President1968 1968

1968

Mike Dillon of Erie County ascended to the Association presidency in 1968. James A. O'Connor of Saratoga County was elected First Vice President; John T. Garry, IT, of Albany Second Vice President; Richard B. Thaler of Tompkins County Third Vice President; with Elliott Golden and Hank DeVine Secretary and Treasurer. The annual winter meeting was held at the Hotel Americana in Manhattan on January 27, 1968. Dillon held the summer conference at the Sagamore on June 19-23, 1968. The Friday, June 21st, program featured a presentation on "The Role of the Police and Prosecutor in Riots and Civil Disturbances." Elliott Golden was moderator. The panelists were: John F. Malone, Assistant Director F.B.I.; Archibald R. Murray, Counsel to the Bartlett Commission; Thomas R. Blair, Deputy Police Commissioner of Buffalo; and Frank Gualtieri, the District Attorney of Onondaga County. On Saturday, the Association presented a seminar entitled: "A Full View of Wiretapping, Eavesdropping and Problem Areas of Proposed Crim. Proc. Law" with John T. Casey, Rensselaer County Judge, as Moderator, and panelists Richard J. Bartlett; Bernard C. Smith, State Senator; Richard Uviller, Chief of Appeals, New York County; and Raymond C. Baratta, Dutchess County Judge. Later that day, Hogan's Hooligans drubbed Dillon's Dodgers. After serving as Erie County's District Attorney, Dillon became a Supreme Court Justice and went to the Appellate Division, Fourth Department, in 1976. He became its Presiding Justice in 1979, a position in which he served until his death in 1991. He left a distinguished legacy and gave rise to another: Mike's son, Kevin Dillon, as the District Attorney of Erie County, served as the Association President in 1993/1994. Jim O'Connor went on to become Family Court Judge of Saratoga County. He died on December 13, 1994.

207

Annual AnnualLuncheon, Luncheon,Hotel HotelAmericana, Americana,January January27,1968 27,1968 Dais L-R Unidentified, George DeLuca, Henry Dais L-R Unidentified, George DeLuca, HenryDeVine, DeVine,Unidentified, Unidentified,Jame JamesO'Connor, O'Connor, Mike MikeDillon, Dillon,Bill BillCahn, Cahn,Frank FrankHogan, Hogan,J ack JackGarry, Garry,Arthur ArthurLevitt Levitt(Comptroller), (Comptroller),Frank Frank Gulotta (Appellate Division), Unidentified, Unidentified, Ed Silver, Elliot Golden Gulotta (Appellate Division), Unidentified, Unidentified, Ed Silver, Elliot Golden

Sagamore Sagamore1968 1968- -Dillon's Dillon'sDodgers Dodgers Back BackRow RowL-R L-R Unidentified, Unidentified,Unidentified, Unidentified,Mike MikeDillon, Dillon,Unidentified, Unidentified,Unidentified, Unidentified, Unidentified, Unidentified,Unidentified, Unidentified,Bob BobMeehan, Meehan,John JohnO'Mara, O'Mara,Unidentified, Unidentified,Unidentified, Unidentified, Front Front Row Pete Notaro, Burt Roberts, Joe McCarthy, Abe Brodsky Row Pete Notaro, Burt Roberts, Joe McCarthy, Abe Brodsky

1969

Angelo Ingrassia, the District Attorney of Orange County, was elected Association President at the end of January 1969. First Vice President was Joseph Torraca of Ulster County; Frank A. Gualtieri, Jr., of Onondaga County was Second Vice President; Robert R. Meehan of Rockland County, Third Vice President; Elliott Golden was Secretary and Hank DeVine, Treasurer. The annual luncheon was held on February 1, 1969 at the Waldorf-Astoria. The 1969 summer convention was held in June 18th-21st at the Sagamore. Ingrassia has served on the New York State Supreme Court since 1983, and is presently Administrative Judge of the Ninth Judicial District.

211

Annual AnnualLuncheon, Luncheon,The TheWaldorf WaldorfAstoria, Astoria,February February1,1,1969 1969 Dais Front Row L-R Bob Meeham (Rockland), Unidentified, DickDawson Dawson Dais Front Row L-R Bob Meeham (Rockland), Unidentified,Dick (Cattaraugus), nidentified, Ray (Cattaraugus), Unidentified, RayBaratta Baratta(Dutchess), (Dutchess),John JohnBraisted Braisted(Richmond), (Richmond),Ed EdSilver Silver (Kings), Abe Isseks (Orange), Angelo Ingrassia (Orange), Mike Dillon (Erie), Frank (Kings), Abe Isseks (Orange), Angelo Ingrassia (Orange), Mike Dillon (Erie), Frank Hogan Hogan(New (NewYork), York),Frank FrankO'Connor, O'Connor,(Queens), (Queens),Paul PaulMcCabe McCabe(Chemung), (Chemung),Bill BillCahn Cahn (Nassau), ohn O'Mara (Nassau),Unidentified, Unidentified,J John O'Mara(Chemung), (Chemung),Joe JoeTorraca Torraca(Ulster), (Ulster),

Angelo AngeloIngrassia, Ingrassia,President President1969 1969

Joseph JosephTorraca, Torraca,President President1970 1970

1970

On January 29-31, 1970, the Association held its annual meeting at the City Bar Building. Joseph B. Torraca of Ulster County was elected President, Robert R. Meehan of Rockland County was First Vice President, and Burt Roberts of the Bronx was Second Vice President. Elliott Golden and Hank DeVine were Secretary and Treasurer. The luncheon was held on January 31, 1970, at the Hotel Americana in New York. Gone forever were the days of the Astor. For prosecutors and defense lawyers - and, of course, the courts - a good deal of the focus was on constitutional procedure. The Association was concerned with the ramifications of Miranda, and with stops and frisks on wheels and otherwise. For its legislative program, the District Attorneys concentrated on: "stop and frisk on wheels;" the insanity defense as an affirmative defense; fraudulent accosting; modification of the corroboration rule in sex cases; the District Attorneys salary bill; and the constitutional amendment as to District Attorneys term of office and increase in salary during their term. Joe Torraca held the summer convention at the Granit Hotel in June 17-21, 1970. With the prospect brewing, Governor Nelson Rockefeller delivered his annual message on January 7, 1970, proposing the creation of an Office of State Prosecution of Organized Crime. 139 Not surprisingly, the District Attorneys were uniform in their vigorous opposition, and a spate of news articles followed. The office, however, was created with the passage ofL. 1970, ch. 1003. It was called "The Statewide Organized Crime Task Force" (OCTF), enacted under Executive Law ยง70-a. Ron Goldstock, who for a time headed the OCTF, is shown in uniform at the 1975 summer, convention. Torraca has served on the State Supreme Court since 1980.

139McKinney's Laws of 1970, Vol. 2, pp. 3037, 3050. 216

The TheHogan's Hogan'sHooligans, Hooligans,Sagamore SagamoreHotel, Hotel,Summer Summer1970 1970 Front row L-R John Jacobs, Richard Lowe, Jack Litman, Front row L-R John Jacobs, Richard Lowe, Jack Litman,Steve SteveRusso, Russo,Mike MikeHaynes, Haynes, Bob BobLehner Lehner Standing L-R Frank FrankRogers, Rogers,Bob BobLaRusso, LaRusso,Bob BobTanenbaum, Tanenbaum,Roy RoyKulesar, Kulcsar,Gerry Gerry StandingL-R Hinckley, Dick Miller Hinckley, Dick Miller

Annual Luncheon, Americana, January 31, 1970 Annual Luncheon, HotelHotel Americana, January 31,1970 Dais L-R Robert H. Ecker, Bob Meeham, Dick Dawson, Dillon, Gold, MikeMike Dillon, GeneGene Gold, CarlCarl Dais L-R Robert H. Ecker, Bob Meeham, Dick Dawson, Robert, Bill Cahn, Angelo Ingrassia, Joe Torraca, Frank O'Connor, Vergari, Vergari, BurtBurt Roberts, Bill Cahn, Angelo Ingrassia, Joe Torraca, Frank O'Connor, PetePete l\lcQuillan, Baratta, Issseks, O'Mara, Bartlett, Elliot Golden Baratta, Abe Abe Issseks, JohnJ ohn O'Mara, DickDick Bartlett, Elliot Golden l\lcQuillan, Ray Ray

Robert RobertMeehan, Meehan,President President1971 1971

1971

The American Hotel in New York City was again the setting for the Association's winter luncheon conference. Robert R. Meehan, District Attorney of Rockland County, was elected President; Burton B. Roberts, Bronx County, First Vice President; Carl A. Vergari, Westchester County, Second Vice President; and John F. O'Mara, Chemung County, as Third Vice President. Elliott Golden and Hank DeVine continued as Secretary and Treasurer. Bob Meehan served up through his convention, which he held at the Sagamore on June 16-20, 1971. Meehan's Marauders took the field against the Hooligans, who took the game. The Friday, June 18, 1971 program included a description of the New York State Identification System, by NYSIIS Director Dr. Robert R. J. Gallati, and a panel on the Criminal Procedure Law, moderated by Albert M. Rosenblatt, District Attorney of Dutchess County, with panelists: Dan Sullivan, Bronx County Assistant District Attorney; Jon Holcombe, Onondaga County Assistant District Attorney; Joe DeMaro, Nassau County Assistant District Attorney; Maurice Nadjari, Suffolk County Assistant District Attorney; and Robert Lehner of the Homicide Bureau, New York County. On Saturday there was a Free Press - Fair Trial Seminar with Michael F. Dillon, Erie County District Attorney; Justice Bernard S. Meyer; Assemblyman Dominick L. DiCarlo; attorney Maurice Edelbaum; and Millard Brown, Editor of the Buffalo Evening News. B. Anthony Morosco, an Assistant District Attorney of Westchester County, gave a report on the 1970 legislative session and, by then, had begun to take on heavy responsibilities that continued for a number of years. As Legislative Secretary, Tony Morosco joined Elliott Golden and Hank DeVine as Association mainstays. The election of officers took place on Saturday, June 20, 1971. The newly elected officers were: Carl Vergari, Westchester County, First Vice President; John F. O'Mara, Chemung County; Second Vice President; Albert M. Rosenblatt, Dutchess County, Third Vice President; Thomas J. Mackell, Queens County, Fourth Vice President; Elliott Golden continued as Secretary; Hank DeVine as Treasurer, and Tony Morosco, as Legislative Secretary.

221

Annual Winter Luncheon, Americana Hotel, January Annual Winter Luncheon, Americana Hotel, January 30, 30,1971 1971 William F. Ryan, Mackell (Queens), Torraca (Ulster), Cahn DaisDais L-RL-R William F. Ryan, TomTom MackeU (Queens), JoeJoe Torraca (Ulster), BillBill Cahn (Nassau), Burt Roberts (Bronx), Elliott Golden (Kings), Podium: Robert Meehan (Nassau), Burt Roberts (Bronx), Elliott Golden (Kings), Podium: Robert Meehan Vergari (Westchester), Whitney North Seymour, John O'Mara (Rockland) (Rockland) CarlCarl Vergari (Westchester), Whitney North Seymour, Jr.,Jr., John O'Mara (Chemung), Unidentified, Angelo Ingrassia (Orange), Unidentified (Chemung), Unidentified, Angelo Ingrassia (Orange), Unidentified

B.B.Anthony Anthony(Tony) (Tony)Morosco Morosco

Legislative LegislativeSecretary Secretary1970-1978 1970-1978

Robert RobertLehner Lehnerand andFrank FrankHogan, Hogan,Undated Undatedcirca circa1971 1971

Burton BurtonB.B.Roberts, Roberts,President President1971 1971

1971-1972

1971-1972 marked the presidency of Burton B. Roberts, the Bronx County District Attorney. Carl A. Vergari of Westchester County was First Vice President; John F. O'Mara of Chemung County, Second Vice President; Albert M. Rosenblatt of Dutchess County, Third Vice President; Elliott Golden, Secretary; and Hank DeVine, Treasurer. B. Anthony Morosco of Westchester County was named Legislative Secretary. The Presidential year had shifted and ran from June 1971 to June 1972. In 1972 the constitution and by-laws were amended in several ways: a fourth Vice Presidency was created, as was the position of Legislative Secretary, and the annual meeting was changed to coincide with the summer convention. On January 29, 1972 at the Hotel Americana, the Association held its annual luncheon, honoring Frank Hogan on his 70th birthday. Burt Roberts chose the Laurels Hotel on Sackett Lake, Monticello, in Sullivan County, for the annual meeting and summer convention, which was held on June 7-11, 1972. Tlie educational program included a discussion on "The Utilization of the Polygraph by Prosecutors' Offices for Investigative Purposes," with guest speakers Richard O. Arthur, President, Scientific Lie Detection, Inc.; Detectives Luis Palau and Joseph Coyne, Polygraphists Bronx District Attorney's Office. There was a program on "Scientific Aids Used by District Attorneys in Prosecution of Cases," and the "Use of Scientific Methods of Measuring Levels in Intoxication." There was also a seminar and discussion program on the "Methods of Coping with Insanity as a Defense in the Prosecution of a Criminal Case," with guest speaker Dr. Martin Lubin, Director of Psychiatry, Booth Memorial Hospital, and a symposium on "Modem Management Techniques in Prosecutors' Offices," including Systems Analysis and Automation of Manual Operations and its place in District Attorneys Offices, with guest speaker Joan Jacoby, Executive Director, National Center for Prosecution Management. A baseball game between Roberts' Raiders and Hogan's Hooligans followed. An impressive array of Saturday evening banquet speakers included: New York Mayor John V. Lindsay; Governor's Counsel Michael Whiteman; and Roy Wilkins, the Executive Director of the NAACP. Richard Friedman was engaged as the Association's executive director and began an illustrious term of service. It was a successful year for the Association. Roberts' report summed it up well: By any objective standard, it must be said that our annual convention was a huge success .... Our Membership Committee reported that we now have enrolled as members 227

Annual AnnualWinter WinterLuncheon LuncheonHonoring HonoringFrank FrankHogan Hoganononhis his70th 70thBirthday, Birthday,Hotel HotelAmericana, Americana, January January29,1972 29, 1972 Dais Tml FrankRogers Rogers(New (NewYork), York),Harry HarryBrenner, Brenner,Tony TonyMorosco Morosco(Westchester), (Westchester),Abe Abe Dais ThIl Frank Isseks Isseks(Orange), (Orange),Mike MikeDillon Dillon(Erie), (Erie),Unidentified, Unidentified,Unidentified, Unidentified,Unidentified, Unidentified,Unidentified, Unidentified, Isadore JohnBraisted Braisted(Richmond), (Richmond),Unidentified, Unidentified,Unidentified, Unidentified,T.T.Paul Paul IsadoreDollinger DoUinger(Bronx), (Bronx),J ohn Kane (Appellate Division), Paul McCabe (Chemung), Bill Cahn assau), Angelo Ingrassia Kane (Appellate Division), Paul McCabe (Chemung), Bill Cahn (Nassau), Angelo Ingrassia (Orange), (Orange),Unidentified, Unidentified,Ray RayBaratta Baratta( Dutchess) (Dutchess)

BottomHenry Henry DeVine, (Nassau), Eugene Gold (Kings), Mackell (Queens), Bottom DeVine, (Nassau), Eugene Gold (Kings), TomTom Mackell (Queens), At AI Rosenblatt (Dutchess), Frank Gulotta (Presiding Justice, Appellate Division Second Rosenblatt (Dutchess), Frank Gulotta (Presiding Justice, Appellate Division Second Roberts, (Bronx), Frank Hogan (New Department), Chief Judge Charles Breitel, Department), Chief Judge Charles Breitel, BurtBurt Roberts, (Bronx), Frank Hogan (New York), Harold Stevens, (presiding J ustice, Department) Ed Silver (Kings), York), Harold Stevens, (Presiding Justice, FirstFirst Department) Ed Silver (Kings), CarlCarl Vergari (Westchester), J ohn O'Mara (Chemung), Bob Meehan (Rockland), Unidentified, Vergari (Westchester), John O'Mara (Chemung), Bob Meehan (Rockland), Unidentified, Elliot Golden (Kings) Elliot Golden (Kings)

some 60 district attorneys and 550 of the assistants presently on their staff, with some 43 offices enjoying a 100% membership ....With Mr. Richard Friedman as the Executive Director of our Association, the members will doubtless be reading more about the functioning of his office in future issues of THE DISTRICT ATIORNEY. The Association owes a debt of gratitude to Elliott Golden for transforming its desire for a permanent staff into a reality.. .1 would like to take this occasion to thank our Legislative Secretary, Tony Morosco of Westchester County, Mike Juviler of New York County, and Dan Sullivan of the Bronx. Our pertinent labors resulted in enactment of five bills originally included within our "1972 Legislative Package;" namely, a "Prompt Trial" law (Chapter 184); a statute modifying the outmoded requirements of corroboration in sex prosecutions (Chapter 373); a measure correcting the scope of anticipatory offenses for Class A felonies (Chapter 292); legislation conforming the Penal Law to the Criminal Procedure Law respecting the crime of Contempt Before a Grand Jury (Chapter 702); and a provision providing for an injunctive remedy in obscenity cases (Chapter 826). Over and above our efforts to proselytize for our "Legislative Package," the Association took positions with the New York State Legislature and the Governor's Office which culminated in very concrete results, such as the enactment of the once vetoed "Prosecutor's Parity Pay Bill" and the defeat of efforts to create a "Super-District-Attorney." Burt Roberts was elected a Justice of the State Supreme Court in November 1973, and today serves as the Administrative Judge of Bronx County.

230

Summer SummerConference, Conference,Lake LakeGeorge, George,Sagamore Sagamore Robert Meehan, Robert Lehner, Robert Meehan, Robert Lehner,Unidentified Unidentified1971 1971

John JohnF.F.O'Mara, O'Mara,President President1972-1973 1972-1973

1972-1973

At the June 1972 convention, Chemung County District Attorney John F. O'Mara was sworn in as President of the 1972-1973 term. Carl A. Vergari of Westchester County was elected First Vice President; Albert M. Rosenblatt of Dutchess County, Second Vice President; Thomas J. Mackell of Queens, Third Vice President; and Con G. Cholakis of Rensselaer, Fourth Vice President; Elliott Golden and Hank DeVine continued as Secretary and Treasurer. In April of 1972, State Senator John Hughes of Syracuse had proposed a Statewide Prosecutor to supervise District Attorneys. The idea did not go over well with the District Attorneys. O'Mara held his summer 1973 convention at Lake Placid's Whiteface Inn, where he assembled a band called O'Mara's "T-errors" to face, and lose to, Hogan's Hooligans. John O'Mara served as a Judge of the Court of Claims, and later became Chairman of the New York State Public Service Commission.

233

Luncheon Honoring Burton B. Roberts, Hotel Americana,

Annual Annual Luncheon Honoring Burton B. Roberts, Hotel Americana, JanuaryJanuary 27,197327,1973

L-RDeVine, Hank DeVine, (Nassau), Tony Morosco (Westchester), Bob Meehan (Rockland),

Dais L-RDais Hank (Nassau), Tony Morosco (Westchester), Bob Meehan (Rockland),

Bill(Nassau), Cahn (Nassau), Mike(Erie), DillonArch (Erie), Arch Murray (NewBurt York), Burt Roberts

Mike Dillon Murray (New York), Roberts (Bronx)(Bronx)

Bill Cahn John O'Mara (Chemung), Frank Hogan (Manhattan), Carl Vergari (Westchester), Tom

John O'Mara (Chemung), Frank Hogan (Manhattan), Carl Vergari (Westchester), Tom

(Queens), Ed(Kings) Silver (Kings)

Ed Silver MackellMackell (Queens),

PresidentJohn John F. F. O'Mara O'Mara (r) (r) shown shown with with Hon. Hon. Walter Walter Reynolds Reynolds (L) (L) and and Hon. Hon. Daniel Daniel President O'Mara (Middle) (Middle) both both former former Association Association Presidents Presidents (photo (photo undated) undated) O'Mara

Carl CarlVergari, Vergari,President President1973-1974 1973-1974

1973-1974

At O'Mara' s 1973 summer convention, he swore in Carl A. Vergari, the District Attorney of Westchester County, for the 1973-1974 term. Albert M. Rosenblatt of Dutchess County was elected First Vice President; Con G. Cholakis of Rensselaer County, Second Vice President; Leo F. Hayes of Onondaga County, Third Vice President; and Eugene Gold of Kings County, Fourth Vice President. Elliott Golden and Hank DeVine were Secretary and Treasurer, respectively. Tony Morosco was named Legislative Secretary. Vergari served with distinction for many years as Westchester's District Attorney. He was a regular at the conventions, and offers these recollections: The January [1974] conference was held, where else, at the Plaza - the Westchester image, you know. The training aspect of that meeting focused on DWI enforcement, with a live demonstration of alcoholic impairment. Westchester Assistant District Attorney Bob Ryan, a volunteer, of course, was force-fed Scotch whiskey over several hours, dragged before the audience at various stages of intoxication, forced to perform all kinds of tasks and subjected to analysis by a medical expert. Education? Perhaps but said by many to be the best entertainment we ever had .... Our summer [1974] conference was at the Sagamore, highlighted by the bitterly fought and closely contested ball game between Vergari' s Vagaries and Morgy's Marauders who won the game by one run when, with bases loaded, nobody out, in the bottom of the ninth, we failed to score. The three hapless Assistants involved were summarily assigned to the Peekskill Branch Office. At an earlier convention I recall Frank Hogan who gave the best and funniest talk he ever made, reminiscing about his career, the Association and his failed run for the United States Senate. I've always regretted that the talk was not recorded.

238

Summer SummerConference Conference1973, 1973,Lake LakePlacid Placid L-R L-R John JohnO'Mara O'Mara(Chemung), (Chemung),Frank FrankHogan Hogan(New (NewYork), York),Carl CarlVergari Vergari(Westchester), (Westchester),AIAl Rosenblatt (Dutchess) Rosenblatt (Dutchess)

Annual AnnualLuncheon, Luncheon,Hotel HotelPlaza, Plaza,J anuary January26, 26,1974 1974

Dais L-R Tony Morosco (Westchester), Elliott Dais L-R Tony Morosco (Westchester), ElliottGolden Golden(Kings), (Kings),AIAlScotti Scotti(Manhattan), (Manhattan),

J John ohn O'Mara O'Mara(Chemung), (Chemung),Burt BurtRoberts Roberts(Bronx), (Bronx),William WilliamCahn Cahn(Nassau), (Nassau),Unidentified, Unidentified,

Carl Vergari (Westchester), Al Rosenblatt (Dutchess), Gene Gold (Kings), Ed Carl Vergari (Westchester), Al Rosenblatt (Dutchess), Gene Gold (Kings), EdSilver Silver

(Kings), ohn Braisted Braisted(Richmond), (Richmond),Robert RobertMeehan Meehan(Rockland), (Rockland),Henry HenryDeVine DeVine(Nassau) (Nassau)

(Kings),J John

SummerConference Conference 1974, 1974, Sagamore, Sagamore, Vergari's Vergari's Vagaries Vagaries Summer FrontRow Row--L-R L-R Marty Marty Smith, Smith,Joe Joe Abenanti, Abenanti, Bob Bob Gruber, Gruber, Dave Dave Klein, Klein, Nick Nick Masselli, Masselli, Front Carl Vergari, Vergari, Tom Tom Facelle, FaceUe, Paul Paul MikeEdelman Edelman Middle Middle Row Row -- Bob Bob Ryan, Ryan, Pete Pete Goodrich, Goodrich, Carl Mike Scharf, Pete Gahagan Back Row Rich Moran, Bill Brave, Sandy Lindenbaum, Frank Scharf, Pete Gahagan Back Row - Rich Moran, Bill Brave, Sandy Lindenbaum, Frank Castaldi,Mike Mike Tenzer, Tenzer, Tom Tom Prenti, Prenti, Bob Bob Marcuso Marcuso Castaldi, Batboy--Mike Mike Facelle Facelle Batboy

Vergari is now retired and lives in West Palm Beach, Florida. Leo F. Hayes went to the New York State Supreme Court in 1974 and now serves on its Appellate Division, Fourth Department. Con Cholakis became a Supreme Court Justice in 1978, where he served until 1986, when he became a Federal District Court Judge for the Northern District of New York, where he now serves.

243

Albert AlbertM. M.Rosenblatt, Rosenblatt,President President1974-1975 1974-1975

1974-1975

At the June 1974 convention, Albert M. Rosenblatt of Dutchess County was elected President for 1974-1975, with Eugene Gold of Kings County, First Vice President; Jon K. Holcombe of Onondaga County, Second Vice President; Patrick D. Monserrate of Broome County, Third Vice President; and Ralph W. Smith, Jr. of Albany County as Fourth Vice President. Elliott Golden and Hank DeVine continued as Secretary and Treasurer with Tony Morosco continuing as Legislative Secretary. The winter conference was held on January 23-24, 1975, at the Hilton, the same site as the State Bar's annual meeting. Charles D. Breitel, New York's Chief Judge, was the luncheon speaker. On May 9-10, 1975, the Association's Office of Prosecutorial Services held a trial tactics seminar at the Roosevelt Hotel, and repeated it on June 2-3, 1975 at the Hilton Inn in Syracuse. Presenters included Assistant District Attorney John F. Keenan of New York County (now a Federal District Court Judge); Michael Berne of Queens County; Chief Assistant Tom (later, Supreme Court Justice) Facelle, Jr. of Westchester County; Assistant District Attorney George (later, County Judge) Marlow of Dutchess County; District Attorney D. Bruce (later, Appellate Division Justice) Crew of Chemung County; Richard I. Mulvey, an Ithaca attorney; New York County Assistant District Attorney (later, Judge) Leslie Crocker Snyder; Attorneys Pat McGinley and Herald Price Fahringer; and Kings County Assistant District Attorney Marilyn Gainey. On March 19, 1975, at the New York State Police campus in Albany, the Office of Prosecutorial Services conducted a program on Management Techniques for District Attorneys. Peter E. Coming, District Attorney of Cayuga, spoke, as did Robert Robillard of Michigan's Prosecuting Attorney's Association, Elliott Golden and Elaine Graham of Brooklyn, and David W. Ross of Ross Associates. At the summer convention on Thursday, June 12, 1975, the array heard a discussion entitled "The Virtuous Prosecutor in Quest of an Ethic, with Richard Uviller, Professor of Law, Columbia Law School and Herald Price Fahringer, renowned Defense Attorney." On Friday evening, June 13, 1975, at Lake Mohonk, the District Attorneys were treated to a pelformance by musicians of the Hudson Valley Philharmonic Orchestra. The Saturday evening banquet and installation of new officers was enlivened by an after-dinner speech by Joe McLaughlin, then Dean of Fordham Law School and now a Judge of the United States Court of Appeals for the Second Circuit. A collection of ballplayers called Rosenblatt's Irregulars nearly, but only nearly, vanquished the Hooligans in what proved to be one of the closest contests in years. 245

Annual Luncheon, New York Hilton, January 25,1975

Dais L-R Henry DeVineNew (Nassau), Seymour Rotker25,1975 (Queens), Annual Luncheon, York Hilton, January

Elliott Golden (Kings), T.

Paul Kane (Appellate Division), F. O'Mara (Chemung), Pat Monserrate (Broome),

Dais L-R Henry DeVineJohn (Nassau), Seymour Rotker (Queens), Elliott Golden (Kings), T.

Jon Holcombe (Onondaga), Carl Vergari (Westchester), Albert M. Rosenblatt (Dutchess),

Paul Kane (Appellate Division), John F. O'Mara (Chemung), Pat Monserrate (Broome),

Charles Breitel (Chief(Onondaga), Judge), Unidentified, Burton Roberts (Bronx), Merola (Dutchess),

Jon Holcombe Carl Vergari (Westchester), AlbertMario M. Rosenblatt FrankBreitel Gulotta, (presiding Appellate Division, Second Department)

(Bronx), Charles (Chief Judge),Justice, Unidentified, Burton Roberts (Bronx), Mario Merola

Richard Friedman (prosecutor's Institute), Tony Morosco (Westchester)

(Bronx), Frank Gulotta, (presiding Justice, Appellate Division, Second Department)

Richard Friedman (prosecutor's Institute), Tony Morosco (Westchester)

Not many of the District Attorneys had ever been to Lake Mohonk. It was described as a mountaintop resort of incomparable natural beauty, so exquisite in its setting as to take one's breath away. Some of the District Attorneys relished the prospect, others were skeptical, considering that Mohonk had no night club, no real bar, no smoking, etc. The weekend began with a fog so thick that the grounds and buildings were barely visible. The flowers, the lawn, and the rocky cliffs were completely enshrouded. This condition went on well into the night. The next morning, after a very late night out, Dutchess County assistant District Attorney Jennifer VanTuyl reported that she awoke, looked outside, saw the scene, and thought she had died and gone to heaven. The fog had merely lifted. Rosenblatt became a County Judge of Dutchess County in 1976, and went on to the Supreme Court in 1981. From 1987 to 1989 he served as New York State Chief Administrative Judge, and is now on the Appellate Division, Second Department.

248

Eugene EugeneGold, Gold,President President1975-1976 1975-1976

1975-1976

At the 1975 summer convention, Eugene Gold of Kings County assumed the presidency for the 1975-1976 term. Other officers were: John K. Holcombe of Onondaga County, First Vice President; Patrick D. Monserrate of Broome County, Second Vice President; D. Bruce (Pete) Crew of Chemung County, Third Vice President; John M. Finnerty of Steuben County, Fourth Vice President; Elliott Golden, Secretary; Seymour Rotker of the Bronx, Treasurer; and Tony Morosco, Legislative Secretary. In November of 1975, the Association extended its hearty thanks to Richard Friedman, who became an Assistant United States Attorney in New Jersey. He was succeeded by Robert M. Schlanger. The District Attorney newsletter had, by that time, become more of a legal journal with abstracts of decisional law and a "brief bank." The newsletter was a product of the "Prosecutors Technical Assistance Unit" under the aegis of the Division of Criminal Justice Services, headed by the late, unforgettable, Frank J. Rogers. The newsletter editorship was in the capable hands of foriner Assistant District Attorney Alan Marrus, who now serves as an Acting Supreme Court Justice in Kings County. Kings County Assistant District Attorney Helman Brook also was active during this period, and throughout the decade of the 1970s. For a time, he was the Association's representative to the State's Fair Trial足 Free Press Conference. Gene Gold held the summer 1976 convention at the Pines Hotel in South Fallsburg (Sullivan County), New York, featuring his ball club Gold's Gang.

250

Circa Circa1975, 1975, Rita RitaSullivan Sullivanshown shownwith withtrophy trophyand andL-R L-R Jon JonHolcombe Holcombe(Syracuse), (Syracuse),Ralph Ralph Smith (Albany), Elliott Golden (Kings), B. Anthony Morosco (Westchester) Smith (Albany), Elliott Golden (Kings), B. Anthony Morosco (Westchester)

Jon JonHolcombe, Holcombe,President President1976 1976

D.D.Bruce BruceCrew, Crew,President President1976-1977 1976-1977

1976-1977

Jon K. Holcombe of Onondaga County served as Association President from January 1976 to August 1976. In the summer of 1976, for the 1976-1977 term, D. Bruce ("Pete") Crew, TIl, of Chemung County took over the Association's presidency. John M. Finnerty of Steuben County was First Vice President; Thomas R. Sullivan of Richmond, Second Vice President; Edward C. Cosgrove of Erie County, Third Vice President; Seymour Rotker was Secretary; and Assistant District Attorney John A. Cirando was Treasurer. Both were to become valued mainstays. Tony Morosco was still holding forth as Legislative Secretary. The Association held the midwinter conference at the New York Hilton on January 30, 1977. Crew held his summer convention on June 1-5, 1977, at the Gideon Putnam Hotel in Saratoga. There were panel discussions on decisional law , and a program entitled "New York State Proposed Security and Privacy Regulations," with panelists FrankJ. Rogers, Robert M. Schlanger, and Alan D. Marrus. On Saturday afternoon, June 4, 1977, Pete's Crew took the field against the Hooligans. Crew, after his service as District Attorney, went on to the Supreme Court and the administrative judgeship of the sixth judicial district. He now serves on the Appellate Division, Third Department. Succeeding Dick Kuh, Elliott Golden had served as Association Secretary since 1965 and had been instrumental in all of its operations. Along with Hank DeVine, Golden was the life-line of continuity, cementing one presidential term to another. He was well-liked by his colleagues and much appreciated. In his own words (written in 1998): ...We were then very active and had vibrant leadership and membership; and it is my sincere belief that the Association, at the time that we were involved, provided a wonderful vehicle for friendship, comradery and an exchange of views not only among the District Attorneys in New York State but far beyond. You will recall that we initiated the Combined Council of Law Enforcement Officials, which consisted, among others of the District Attorneys Association, the State Chiefs of Police, Sheriffs, Waterfront Commission, Attorney General, and other law enforcement-related agencies, which met regularly to exchange views, and jointly acted upon legislative items;

254

Elliott ElliottGolden, Golden,Secretary Secretary1965-1976 1965-1976

Annual AnnualLuncheon, Luncheon,New NewYork YorkHilton, Hilton,January January30,1977 30,1977 Dais EdCosgrove Cosgrove(Erie), (Erie),Frank FrankRogers Rogers(New (NewYork), York),Tom Tom DaisL-R L-R Seymour SeymourRotker Rotker(Queens), (Queens),Ed Sullivan Scotti(New (NewYork), York),D.D.Bruce BruceCrew Crew(Chemung), (Chemung),Elliott ElliottGolden Golden Sullivan(Richmond), (Richmond),AlAIScotti (Kings), (Kings),John JohnFinnerty Finnerty(Steuben), (Steuben),John JohnCirando Cirando(Onondaga) (Onondaga)

The TheMorge Morge1976, 1976,The ThePines PinesHotel Hotel

and that we were very involved in the National District Attorneys Association. On a professional and social level the New York State District Attorneys Association, through the five New York City District Attorneys, hosted the 1964 National District Attorneys Association Convention in New York City, and in conjunction therewith had a special day at the 1964 New York Worlds Fair, which included a boat trip around Manhattan to the Worlds Fair Marina and a day at the Fair. The Shaeffer Brewing Company Pavilion was closed to the public so that our guests could use it as their "food and watering hole," culminating in a gala banquet at the Top of the Fair Restaurant where I remember paying a bill for 777 guests. You may recall that I was privileged to serve as the liaison among the five hosting New York City District Attorneys in setting up the convention and, for me, the privilege of working closely with Frank Hogan, Ed Silver, Is Dollinger, Frank O'Connor, and John Braisted, was a memorable event. Speaking of Frank O'Connor, I do recall an Association Executive Board meeting held at his office when it was just opened in Kew Gardens at which time he wanted to show us his ornate furnishings. It was on that occasion that John Conway (Rochester) to his embarrassment and O'Connor's dismay, tracked parking lot grease across Frank's beautiful gold carpeting and thus "christened" the new office. Golden became a Judge of the Civil Court of the City of New York in 1977 where he served for two years. He then was elected to the State Supreme Court in 1979 and holds that position today.

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John JohnM.M.Finnerty, Finnerty,President President1977-1978 1977-1978

1977-1978

With the election of John M. Finnerty of Steuben County as President, the 1977-1978 term got under way. Along with Finnerty, the officers were: First Vice President Patrick D. Monserrate of Broome County; Thomas R. Sullivan of Richmond County was Second Vice President; Edward C. Cosgrove of Erie County, Third Vice President; and Robert M. Morgenthau of New York County, Fourth Vice President. Sy Rotker, John Cirando and Tony Morosco continued in service as Secretary, Treasurer, and Legislative Secretary. The winter conference was held at the New York Hilton on January 21, 1978, with luncheon guest Dominick Gabrielli of the New York Court of Appeals. At the summer convention, held at the Sagamore on July 5-9, 1978, Finnerty presented a program entitled "The Future of the Special Prosecutor in New York State." The moderator was William F. Dowling, Director, Bureau of Prosecution & Defense Services, and the panelists included: Pete Crew; Elliott Golden; Eugene Gold; Ronald Goldstock, Director of Cornell University Institute on Organized Crime; John F. Keenan, Special Prosecutor for Corruption in the Criminal Justice System; and John F. O'Mara. Finnerty's ball club was named Finnerty's Fungos. On Friday, July 7, 1978, there was a presentation on "Police-Prosecutor Relations," with Frank J. Rogers; Edward Curran, President of the New York State Police Chiefs Association; Pat Monserrate; Al Rosenblatt; Tom Sullivan; and Edward Wright of the Division of Criminal Justice Services. Finnerty went on to become Steuben County Judge, where he served for over a decade. He passed away on November 17,1991. He will be long remembered not only as a dedicated public servant, but as a man of wisdom and irrepressible mirth. After others had gone to bed, John and a handful of his friends would sit around and exchange stories as John regaled his companions. I can still hear the laughter. This was Sy Rotker's last year of service for the Association for which he performed so well. He gives his reminisces: My participation in the New York State District Attorney Association began in 1966 when Burt Roberts, then Chief District Attorney of the Bronx, asked me to go with him to the Annual Conference, then held in Bolton Landing, Lake George, New York that year. I remember vividly, as usual, waiting for him for approximately two hours before we got started driving up in the evening. At that time, Burt had a Mustang, and after almost getting into three accidents within five minutes after 261

Annual Luncheon, York Hilton, January 21, 1978 Annual Luncheon, NewNew York Hilton, January 21,1978 Dais L-R Seymour Rotker (Queens), Ed Cosgrove (Erie), Monserrate (Broome), John Pat Pat Monserrate (Broome), John Dais L-R Seymour Rotker (Queens), Ed Cosgrove (Erie), Finnerty (Steuben), Dominick Gabrielli (New York Court of Appeals), Unidentified, Tony Finnerty (Steuben), Dominick Gabrielli (New York Court of Appeals), Unidentified, Tony Morosco (Westchester) Morosco (Westchester)

J ohn JohnFinnerty, Finnerty,Mike MikeGentile, Gentile,D.D.Bruce BruceCrew, Crew,Mario MarioMerola Merola

pulling out of a parking space at the Walton Avenue entrance to the County Court Building, I told him that I would be glad to go with him, only if I drove. He rapidly acceded to that request. At that time, Elliott Golden was Secretary of the Association, and was the senior non-elected District Attorney (he being the Chief Assistant District Attorney in Kings County), to hold an executive office in the Association. Over the years, working with Elliott and other District Attorneys and their associates, I participated in the arduous task of trying to collect dues and in getting A.D.A.s to join the Association, or at least get them to attend luncheons or the annual meetings; developing legislative programs as well as the usual scut work of communicating and contacting the membership, and also arranging for the luncheons and annual meetings that took place. Some memorable recollections of mine include the 1975 summer conference held at Lake Mohonk during Albert Rosenblatt's presidency. It was a coup for Albie to obtain permission from the management to have a room set aside where some of the members could acquire libations in an otherwise "dry" atmosphere. I also vividly remember the symphonic musicale being held in a magnificently appointed music room. When Burt Roberts became the President of the Association, he arranged to have the conference held at the Laurels Country Club, in Sackett Lake, New York. At that time, Laurels was on the down side of being a class joint, but for some reason - probably, as usual, that the D.A.'s treasury was on a low ebb, and he could get a good price - Laurels was selected. In trying to gussy up the affair, Burt invited John Lindsay, then Mayor of the City of New York, who was endeavoring to become a Democratic 265

Summer Conference 1978 L-R - Sitting Joel Goldberg, Besunder, Frawley, Summer Conference Brooklyn ADA's 1978, Sagamore, L-R Jon seated LauraKevin Shapiro, Jay John Mike Finnerty, Unidentified Standing Barry Schreiber, Bob -Kaye, Cohen, Gentile, Ellen Kessler, Kathy Plaszner, Mrs JoelUnidentified, Goldberg & son, second Unidentified, Mark Feldman, Groman, 4 Unidentified rID! Caroline Kreisberg, Mike Todd Belson, Helmanlast Brook, Jerry Goldman, Suzanne Summer Conference 1978 L-R Sitting Joel Goldberg, Jon Besunder, Frawley, Picarello, Bob Kaye, Mrs. Golden, Ned Fox, - Back Row Francine Kerner,Kevin Joel Goldberg, John Finnerty, Unidentified Standing Barry Schreiber, Unidentified, Bob Kaye, Ed Golden, Kevin Frawley, Maxine Derkatch, Barry Schreiber, Todd Groman, Mrs. Unidentified, Feldman, lastBesunder, 4 Unidentified Richard Laskey,Mark Richard Laskey,Todd Ken Groman, Crowe, Jon Elliott Golden, James Steinberg, Lionel Sap porta, Mar k Feldman, Richard Frankel

Summer Conference Brooklyn ADA's 1978, Sagamore, L-R seated Laura Shapiro, Jay Cohen, Mike Gentile, Ellen Kessler, Kathy Plaszner, Mrs Joel Goldberg & son, - second row Caroline Kreisberg, Mike Belson, Helman Brook, Jerry Goldman, Suzanne Summer Conference Brooklyn Sagamore, seatedKerner, Laura Shapiro, Jay Summer L-RADA's - Sitting Joel Goldberg, J on Besunder, Kevin Frawley, Picarello,Conference Bob Kaye, 1978 Mrs. Golden, Ned1978, Fox, - Back RowL-R Francine Joel Goldberg, Cohen, Mike Gentile, Ellen Kessler, Kathy Plaszner, Mrs Joel Goldberg & son, second John Finnerty, Unidentified Standing BarryBarry Schreiber, Unidentified, Bob Kaye, Ed Golden, Kevin Frawley, Maxine Derkatch, Schreiber, Todd Groman, Mrs. row Caroline Kreisberg, Mike Belson, Helman Brook, Jerry Goldman, Suzanne Mark Feldman, ToddKen Groman, Unidentified Unidentified, Richard Laskey, Richard Laskey, Crowe,last Jon4 Besunder, Elliott Golden, James Picarello, Bob Kaye, Mrs. Golden, Ned Fox, Back Row Francine Kerner, Joel Goldberg, Steinberg, Lionel Sapporta, Mark Feldman, Richard Frankel Ed Golden, Kevin Frawley, Maxine Derkatch, Barry Schreiber, Todd Groman, Mrs. Richard Laskey, Richard Laskey, Ken Crowe, Jon Besunder, Elliott Golden, James Steinberg, Lionel Sapporta, Mark Feldman, Richard Frankel

candidate for President of the United States. Mayor Lindsay was transported by helicopter to the conference site, at a cost of $300. The cost for the helicopter just about bankrupted the Association's treasury to the consternation of some of our upstate colleagues. In trying to show his openness, Burt invited Lesley Oelsner, a reporter of The New York Times, to cover the Annual Conference for the Times. Ms. Oelsner would not accept a comp for room and board, feeling that it would compromise her ability to be objective in any story she may do about the New York State District Attorneys Association. The only thing written by Ms. Oelsner about the conference that was newsworthy, was her claim that during a tennis match, Burt foot-faulted several times, enabling him to win. Burt never spoke to Lesley Oelsner again because of that affront. My tenure as an officer in the Association was treasurer for the years 1975, 1976 and secretary for 1977 and 1978. In addition to fond recollections of meeting dedicated public officials, both elected and appointed, that I came in contact with, I would be remiss in not specifically mentioning the yeoman-like effort put into keeping the Association going, by Elliott Golden, who I mentioned above, John Cirando, Pete Crew and Pat Monserrate. Those years were fun times to be a prosecutor, and the comradery was worth all the effort we put into maintaining the New York State District Attorneys Association.

267

Seymour SeymourRotker, Rotker,Secretary Secretary&&Treasurer Treasurer1977-1978 1977-1978

Patrick PatrickMonserrate, Monserrate,President President1978-1979 1978-1979

1978-1979

Patrick D. Monserrate, the District Attorney of Broome County, took over the. Association leadership and brought the 1979 summer convention to the Gideon Putnam Hotel in Saratoga. Mobbing him up was his ball club which he named Monserrate's Bright Red Patricks. Monserrate is now a Supreme Court Justice and a District Administrative Judge. The other officers for 1978-1979 were President-Elect Tom Sullivan of Richmond County; Vice Presidents Edward C. Cosgrove of Eric County, Robert M. Morgenthau of New York County, and Sol Greenberg of Albany; Secretary, Thomas A. Facelle, Jr. of Westchester County; Treasurer John A. Cirando of Onondaga County; and Legislative Secretary William C. Donnino of Nassau. Bill Donnino now serves as a Court of Claims Judge with assignments as Acting Supreme Court Justice in Bronx County. Before that he had been Chief Assistant District Attorney in Kings County, and is well known for his Practice Commentaries for the New York State Penal Law. Donnino recalls the particularly active 1979 legislative session: In the 1979 Legislative session, spearheaded in many ways by the Association, the Legislature addressed three major criminal law subjects, and the proposed legislation on those subjects were intensely negotiated with representatives of the legislative and executive branch. All three bills became law. The first law addressed the one and only modification ever made of the Rockefeller drug laws 足 involving such changes as the repeal of the class A-Ill life maximum drug crime and an increase in the weights of the drug required to constitute certain felonies. The second law accomplished what was then considered a major overhaul and expansion of the law of Discovery (CPL 240) and the law of disclosure by a Bill of Particulars (CPL 200.95). The third law brought about a significant revision of the juvenile offender laws of 1978. At least the first two of those three bills would not have passed without the support of the Association. The Association also proposed in 1979 the addition of Restitution as a sentence, and that bill became law the following year.

270

Bob BobM's M'sBombers, Bombers,Summer SummerConference Conference1979, 1979,Saratoga, Saratoga,New NewYork York

William WilliamC.C.Donnino, Donnino,Secretary Secretary1978-1979 1978-1979

Thomas ThomasR.R.Sullivan, Sullivan,President President1979-1980 1979-1980

1979-1980

At the 1979 summer convention, Thomas R. Sullivan of Richmond County was sworn in as President for the 1979-1980 term. The other officers were: Ed Cosgrove, President-Elect; Vice Presidents Robert M. Morgenthau of New York County, Sol Greenberg of Albany County, and Robert G. Hurlbutt of Oswego County; Secretary Tom Facelle; and Treasurer John A. Cirando. Sullivan's term as President was active on the legislative front. The Association was involved in the enactment of the new CPL Article 240 establishing pre-trial discovery, 140 the amelioration of parts of the Rockefeller drug law, 141 and creating CPL §§ 170.40 and 210.40 setting forth statutory standards for Clayton motions. Of particular interest to the New York City District Attorneys was the amendment of County Law §928 changing their salaries from the "same as" to "not less than" that of a Supreme Court Justice "with such additional allowances or compensation as shall be provided by state and/or local law ." Of wider application, however, were the Association's efforts in obtaining a November 21, 1979 informal Opinion of the Attorney General that District Attorneys were not state officers within the meaning of N.Y. State Constitution Article 13, §7, and that a District Attorney's salary could be increased during his term of office. This reversed an earlier 1972 Attorney General's opinion. Although the Comptroller did not agree,142 the matter was ultimately resolved in favor of the District Attorneys. 143 Sullivan held his convention in June of 1980 at Grossinger's Hotel in Sullivan County. Chief Judge Lawrence Cooke, also of Sullivan County, was the chief speaker. Sullivan went on to the Supreme Court and now serves on its Appellate Division, Second Department. Tom Sullivan is known not only as a first-rate jurist, but an admired raconteur. He reminisces here, and we are pleased to have this as part of the "oral history": When I frrst joined the Association in 1956 the meetings and conventions were "stag," that is male only. That was not due to any deliberate discrimination on the part of the Association, but simply the result that all of the

14tL. 1979, ch. 412. 141L. 1979, ch. 410. 1420p. State Compt. 79-334. 143Matter of Kelly v. McGee, 57 N.Y.2d 522 (1982). 274

TomSullivan's Sullivan'steam team(Sully's (Sully'sIslanders) Islanders) at atthe theSummer SummerConference Conference 1980, 1980, Grossingers Grossinger's Tom Hotel,Ferndale, Ferndale,New NewYork York Hotel,

District Attorneys and almost all of the ADAs were white males. There were no wild parties as a result, but some of the social graces were occasionally lacking. The convention of 1959 was a memorable one. Abe Isseks of Orange County was the President and host. The summer convention was held in the Concord hotel and we had rooms in a brand new wing. The facilities were sumptuous. I believe that when some of the members got home and described them to their spouses that was a significant factor in having spouses at the conventions from that time on. It was customary for the host to provide a bag of

"goodies" to all of those attending the convention. Local merchants would be visited and requested to make donations of small items of merchandise that would demonstrate the local industry or civic achievements. Abe decided to include a Texas-style string tie for everyone. The tie was naturally bright orange in color. Most of the recipients thought it was an interesting gift and some even wore it to dinner the first night. Everyone that is except the delegation from Queens led by that fine son of Erin, Frank D. O'Connor. Under no circumstances would he wear anything even remotely reminiscent of the hated Battle of Boyne. Being a man used to making difficult decisions quickly and surely he dispatched some of his assistants into town to get some green dye. The following day the entire Queens contingent were resplendent in Kelly green string ties - and there was a bathtub in the Concord that would never be the same. While the saga of the string ties would have made the weekend memorable in and of itself, it paled in comparison to the final banquet. Abe Isseks had decided that it might be politic to invite Gov. Nelson Rockefeller and his wife to attend our closing dinner on Saturday night. Then, as now, Saturday was a full day with the traditional soft-ball game 276

in the afternoon lubricated by a few beers, followed by a rather substantial cocktail hour before dinner. Governor and Mrs. Rockefeller were dutifully ensconced on the dais as the festivities began. A portion of the huge dining room at the Concord had been closed off for our exclusive use. Someone on the Committee mentioned that Raymond Burr, the actor, was at the hotel and wished to come in to say hello to the assembly. Sure enough, in strode Raymond Burr, who at that time was better known as "Perry Mason." He got to the middle of the room, turned and waved and then started out. Some of the friendlier members decided that they would like to hear Mr. Burr address the crowd. He graciously obliged, but then made a serious tactical error. He decided that he should explain to about 150 past and present District Attorneys and Assistants why Perry Mason, the great defense lawyer, should win in the case every week on television and why the District Attorney, Hamilton Burger, was always out足 witted, out-classed and a perpetual loser. At that point our hospitality was tried to the breaking point. The air was suddenly filled with dinner rolls, napkins and other non-lethal items thrown toward the dais. Mr. Burr beat a hasty, if not elegant, retreat. The aristocratic Mrs. Rockefeller did a nice job of bobbing and weaving and avoided serious injury, though I think Abe's judicial aspirations suffered a slight setback. As I have already mentioned, the annual softball game between New York County and the World was always a high spot of the summer convention. The President-host, who captained the "World" team, would plan and scheme for months in an effort to field a team that would best the dreaded "Hogan's Hooligans." It was rumored, though not definitely established, that some of the Hogan team had on rare occasions actually found their way inside 100 Centre Street, not inside the rail in the courtroom, but at least inside the building. They were a fearsome bunch captained by a wild man called "Red"

277

Roberts. I wonder what ever happened to him? They even brought their own umpire, Irving Mendelsohn. In 1957 the President of the Association was the redoubtable Ed Silver of Kings County, better known as Brooklyn. He was determined that his team would be victorious on the diamond. After all his team was at least a collateral if not direct descendant of "Dem Bums," the Brooklyn Dodgers. And so it was with a sense of high anticipation that Ed Silver's team took their warm ups before the game. But the "Hooligans" were not to be taken by surprise. Several of them were carefully studying the practice efforts of the center fielder who was gliding across the outfield with grace and catching every ball hit in his direction. As Ed Silver's team came in from their warm足 ups, the New York County players surrounded Ump Mendelsohn to lodge their protest. Irving listened to them with a most judicious ear. He then called upon Ed Silver to state his position. Unfortunately Ed could not convince the impartial arbiter that Jackie Robinson was really an intern in the Brooklyn D.A.' s office. [As it turned out, Robinson umped the game, which was why he was there. Carl Vergari, who describes the same event, recalls the "classic chest-thumping, dirt-kicking argument over a call, between Jackie and Burt Roberts" and is sorry there was no video taping. - Editor's note] While the summer conventions were great fun and a chance to get together with your counterparts from across the State, the winter meeting was also an enjoyable time. For most of us assistants it really was only one day, a Saturday in January when a luncheon was held. Generally speaking there was little or no business conducted at that luncheon. Sometimes an award might be given to someone in an allied field and the recipient might say a few words. However, the highlight of the day would be a talk by the District Attorney of New York County, Mr. District Attorney, the Honorable Frank S. Hogan. Year after year Mr. Hogan was the featured speaker and no one wanted anyone else.

278

For those of you to whom Frank: Hogan is remembered only by the award our Association confers from time to time or by the short street in front of the New York County D.A.' s office, he was much more. He was the epitome of the honest, professional prosecutor who helped create the atmosphere of public confidence that everyone of us enjoyed during our tenure. But he was much more than that. He was one of the finest after-dinner speakers of his day. You may not believe it, but he had the timing of a master comedian. He could tell us of his early days on the staff of Tom Dewey and suggesting to Mr. Dewey that they not hire a particular applicant for a job, because Hogan's father had told him never to trust a man with a mustache. He had us in knots narrating the events of his ill-fated run for the United States Senate against Kenneth Keating. I still remember him standing before a room hushed with anticipation while he rolled his cigar between thumb and forefinger in a manner George Burns would have envied. When we had such a gem in our midst why would we look elsewhere?

279

Edward C. Cosgrove, PresidentPresident 1980-19811980-1981 Edward C. Cosgrove,

Tom TomFaceUe, Facelle,Secretary Secretary1978-1981 1978-1981

1980-1981

Edward C. Cosgrove of Erie County was elected President for the 1980-1981 term. The other officers were: President-Elect Robert M. Morgenthau, New York County; Vice Presidents Sol Greenberg of Albany County, Robert G. Hurlbutt of Oswego County, and Kenneth Gribetz of Rockland County; Secretary Thomas A. Facelle, Jr. of Westchester County; Treasurer John A. Cirando of Onondaga County; and Legislative Secretary Joseph G. Terrizzi of Erie County. The winter conference was held on January 22-24, 1981, at the City Bar and the Sheraton Center. Professor Irving Younger presented a seminar on Trial Techniques. The Association advocated a "Statewide Career Criminal Program" to focus on the prosecution of career criminals in thirteen populous upstate and suburban counties. The issue occasioned letters to the editor from President Cosgrove and Richard A. Brown, who was then Counsel to Governor Hugh Carey. 144 Association Secretary Tom Facelle reported that as of Septemb~r 23, 1980, the Association had fifty-four regular members and 306 Assistant members. Oneida County District Attorney Dick Enders presented proposals for the prevention of victim/witness intimidation. Cosgrove's 1981 summer convention was held in Rocky Point Inn on Fourth Lake in Inlet, New York, in Hamilton County, on June 24-28, 1981. Cosgrove recollects: My Presidency dealt with lobbying the State Legislature for District Attorney's pay in the communities over 500,000 to equal that of a Supreme Court Judge and in the lesser Counties, to have the same salaries as County Court Judges. We did go to Albany several times in this regard .... Our summer conference was held at Rocky Point Inn on Fourth Lake, Inlet, New York, in the Adirondacks, the second weekend in July of 1981 where it rained every day and the State Police helicopter that I had arranged to take us all up on sightseeing trips couldn't get off the ground. Boy, did we have cocktail parties! Ed Cosgrove is practicing law in Buffalo.

144The New York Times, Nov. 18, 1980, Nov. 26, 1980. 282

Tom Facelle, who had been a prominent Assistant District Attorney and Association Secretary, went on the Westchester County Family Court in 1982. He later became a Supreme Court Justice and served until the end of 1991. He now enjoys retirement in White Plains, New York. 1981 also marked the beginning of Jerrold Neugarten's tenure as Legislative Secretary for the Association. His work spanned a decade, concluding in 1990. His reminiscences appear in the 1989-1990 segment in this chronology.

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Robert RobertM. M.Morgenthau, Morgenthau,President President1981-1982 1981-1982

1981-1982

The 1981-1982 President, Robert M. Morgenthau, hosted the District Attorneys summer convention at the Hotel Thayer on June 23-27, 1982. The other 1981-1982 officers were: President-Elect Sol Greenberg of Albany County; Vice Presidents Robert G. Hurlbutt of Oswego County, Kenneth Gribetz of Rockland County, Richard A. Hennessy, Jr. of Onondaga County; Secretary Joseph G. Terrizzi of Erie County; Treasurer John A. Cirando of Onondaga County; Legislative Secretaries Jerrold L. Neugarten of New York County and Peter Grishman of Bronx County. The education program included presentations on "Developments in the Law" by Alan Marrus, Al Rosenblatt, and Bob Pitler. The dinner banquet speaker was Byron R. White, Justice of the United States Supreme Court. In the photo, District Attorney Morgenthau is shown chatting with Jerrold Neugarten, the Association Legislative Secretary. It was an active year for the Association in its legislative agenda. The legislative package, comprised of 22 bills, made recommendations ranging from those affecting pre-arrest investigations to those concerning bail pending appeal. Three of the proposals affected bail and pre-trial release. The first required mandatory consecutive sentences for defendants who commit violent felony offenses while awaiting trial on another felony charge if they are convicted of both crimes. The second proposed a change in what is commonly referred to as the 72-hour rule. Stating that "no statute burdens the courts, prosecutors and witnesses more than the 72-hour rule, which also often results in the premature release of dangerous offenders," the District Attorneys urged that the law be extended to five rather than three days and that hearsay evidence be admissible at preliminary hearings. The District Attorneys proposed changes in the procedures governing the release of defendants on bail pending appeal or during stays of judgments. The package included new statutes in the area of victim/witness intimidation, and proposed a series of new laws proscribing conduct that would impede investigations and trials by prohibiting fraudulent or violent tampering with witnesses. To address the problem of prostitution, the District Attorneys Association proposed mandatory sentencing of persistent prostitution offenders. Another proposal provided for non-jury trials in certain misdemeanor cases. The Association also maintained that juvenile offenders often have substantial criminal records that escape detection in both the juvenile and adult court system. Other proposals dealt with "megalarceny," fraudulent transactions in securities, aggravated commercial bribery, inquiry into sources of cash bail, and a proposal to substitute "use" immunity for "transactional" immunity in the grand jury.

285

Sol SolGreenberg, Greenberg,President President1982-1983 1982-1983

1982-1983 At the end of 1982, Association President Sol Greenberg, along with several others, announced the formation of the Law Enforcement Council: A new group which will press for important criminal justice reforms. The Council announced its initial twelve足 point program, including the adoption of the federal system of jury selection, the enactment of laws providing for a system of determinate sentencing, increased prison space, and statutes permitting the seizure of criminals' assets. The members of the Council are the New York State District Attorneys Association, the New York State Attorney General, the New York State Association of Chiefs of Police, the New York State Sheriffs' Association, the New York City Coordinator of Criminal Justice, and the Citizens Crime Commission of New York City. The Council said its primary objectives are to strengthen the ability of the law enforcement community to deal with crime, to increase the capacity and efficiency of the criminal justice system, and to promote public understanding of and respect for that system. Council members were Sol Greenberg, President, New York State District Attorneys Association; Robert Abrams, Attorney General; Charles M. Capobianco, President, New York State Association of Chiefs of Police; Allen Capwell, President, New York State Sheriffs' Association; John F. Keenan, Coordinator of Criminal Justice City of New York; Thomas Reppetto, President, Citizens Crime Commission of New York City. Robert M. Morgenthau, District Attorney of New York County, was Counsel. The other 1982-1983 officers of the Association were: President-Elect Kenneth Gribetz of Rockland County; First Vice President Richard A. Hennessy, Jr. of Onondaga County; Second Vice President Patrick Henry of Suffolk County; Third Vice President David A. Wait of Saratoga County; Secretary William L. Murphy of Richmond County; Treasurer John A. Cirando of Onondaga County; Legislative Secretaries Jerrold L. Neugarten of New York County and Peter Grishman of Bronx County.

287

The winter meeting was held on January 18-19, 1983, at the Seventh Regent Armory at 67th Street and Park Avenue in New York. The luncheon was at the St. Moritz on-the-Park. The meeting's principal speaker on January 19, 1983 was Rudolph W. Giuliani, then Associate Attorney General with the United States Department of Justice. Greenberg hosted the summer conference at the Otesaga Hotel in Cooperstown on July 20-24, 1983. The convention's principal speaker was Richard Condon, Commissioner of the Division of Criminal Justice Services. Greenberg's tenure as District Attorney of Albany County continues through this writing.

288

Richard RichardA.A.Hennessy, Hennessy,Jr., Jr.,President President1983-1984 1983-1984

1983-1984

Richard A. Hennessy, Jr. of Onondaga County was Association President for the 1983-1984 term. The President-Elect was Kenneth Gribetz of Rockland County; First, second, and Third Vice Presidents were Patrick Henry of Suffolk, David A. Wait of Saratoga, and Richard J. Arcara of Erie; John A. Cirando of Onondaga served as Treasurer and Peter Grishman of Bronx as Secretary. Legislative Secretaries were Jerrold Neugarten of New York, Richard Laskey of Kings, and John DeFranks of Erie. The winter meeting was held on January 18th and 19th, 1984, at the Barbizon Plaza Hotel and the 7th Regiment Armory at 67th Street and Park Avenue in New York City, and included a group outing to the basketball game between the New York Knicks and the Chicago Bulls. The business format included D.W.I. two-hour-test limit considerations, non-jury trials for misdemeanors, RICO Enterprise Corruption, and victims' rights, among others. Hennessy hosted the 1984 summer convention at the Edgewood Hotel in Alexandria Bay, at the end of June 1984. Hennessy recalls that a highlight of the summer meeting was that his "Upstate Apple Knockers" defeated the Manhattan ball club. Dick Hennessy practices law in Syracuse.

290

Peter PeterGrishman, Grishman,Secretary Secretary1983-1987 1983-1987

Kenneth KennethGribetz, Gribetz,President President1984-1985 1984-1985

1984-1985

At the summer 1984 convention, Kenneth Gribetz, District Attorney of Rockland County, took over as President for 1984-1985. Along with Gribetz, the officers for 1984-1985 were: President-Elect Patrick Henry of Suffolk County; First Vice President of David A. Wait of Saratoga County; Second Vice President Richard J. Arcara of Erie County; Third Vice President William L. Murphy of Richmond County; Secretary Peter Grishman of Bronx County; and Treasurer John A. Cirando of Onondaga County. Legislative Secretaries were: Jerrold L. Neugarten of New York County, Richard C. Laskey of Kings County, and John S. Edwards of Rockland County. The mid-winter luncheon meeting was held on January 24, 1985, at the Seventh Regiment Armory on 67th Street and Park Avenue in New York City, with Governor Mario Cuomo slated as the guest speaker. New York State Police Superintendent (and former Monroe County District Attorney) Donald Chesworth was given the Hogan Award. That summer the scene shifted to Grossinger's in Sullivan County for the June 26-30, 1985, annual convention. The programs included: "Financial Management of the District Attorney's Office; Availability of State Grants and Funding to Assist in the Creation and Perpetuation of Essential Programs;" talks by Organized Crime Task Force Deputy Attorney General Ronald Goldstock and Edward J. Kuriansky, Deputy Attorney General, Medicaid Fraud Control Unit; and in the field of narcotic enforcement, a review of the role of state and federal government, and a review of new case law in search and seizure. The annual dinner was much heralded, and included a listing of the celebrities on the stage at Grossinger's that summer, including singer Helen Reddy and Sha Na Na. Grossinger's, the crown jewel of the Borscht Belt, was still in prime form in 1984. Not many years later, the hotel closed, marking the end of an era.

293

Patrick PatrickHenry, Henry,President President1985-1986 1985-1986

1985-1986

At the 1985 summer convention at Grossingers, and in keeping with the succession, Patrick Henry of Suffolk County was sworn in as Association President for the 1985-1986 year. The other officers for the 1985-1986 term year were: President-Elect David A. Wait of Saratoga County; First Vice President Richard J. Arcara of Erie County; Second Vice President William L. Murphy of Richmond County; Third Vice President Howard R. Relin of Monroe County; Secretary Peter Grishman of Bronx County; Treasurer John A. Cirando of Onondaga County; and Legislative Secretaries Jerrold Neugarten of New York County, Richard C. Laskey of Kings County, John S. Edwards of Rockland County, and Mark D. Cohen of Suffolk County. Patrick Henry hosted the 1986 summer convention at the Montauk Yacht Club and Inn at Montauk, New York, on June 25-29, 1986. The program included discussions on victims' rights, civil forfeitures, and, for the sensitive palate, a tour of Hargraves Vineyard in Cutchogue, New York. Patrick Henry went on to the State Supreme Court in 1991, where he now serves.

295

David DavidA. A.Wait, Wait,President President1986-1987 1986-1987

1986-1987

The summer 1986 convention saw the election of the next slate of officers: Dave A. Wait of Saratoga took over as President and was installed by guest speaker Frank O'Connor for the 1986-1987 term. Twenty-five years before that, in 1961, O'Connor served as Association President, and the members were gratified to see him return with a twinkle in his eye and his keen wit well in tow. The other officers installed were: President-Elect Richard J. Arcara of Erie County; First Vice President William L. Murphy of Richmond County; Second Vice President Howard R. Relin of Monroe County; Third Vice President Denis E. Dillon of Nassau County; Secretary Peter A. Grishman of Bronx County; Treasurer John A. Cirando of Onondaga County; and Legislative Secretaries Jerrold L. Neugarten of New York County, Richard Laskey of Kings County, Mark D. Cohen of Suffolk County, and Lawrence J. Zinn of Nassau County. Dave Wait (backed up by his ball club "Wait's Warriors") sponsored the summer convention in his home county of Saratoga at the Gideon Putman on July 15足 18, 1987. On July 16th, there was a video presentation on trial advocacy, trial strategy and strategic framework of identifying courtroom goals, and the following day a lecture and demonstration entitled the "Use of Accident Reconstruction Experts in Vehicular Manslaughter Cases." Later that afternoon, there was a softball game between Wait's Warriors and Morgenthau's Bombers. Dave Wait retired from the District Attorney's office and is practicing law in Saratoga County.

297

SummerConference Conference -- L-R L-R Ken Ken Gribetz, Gribetz, Pat Pat Henry, Henry, Robert Robert Morgenthau, Morgenthau, Bob Bob Abrams Abrams Summer (MarioMerola Merola seated), seated), circa circa 1986 1986 (Mario

Richard Richard J.J. Areara, Arcara,President President1987-1988 1987-1988

1987-1988

On Saturday, July 18, 1987, at Dave Wait's convention in Saratoga, it was this writer's privilege to swear in Richard J. Arcara of Erie County as Association President for 1987-1988. The other 1987-1988 officers were: President-Elect William R. Murphy of Richmond County; First Vice President Howard R. Relin of Monroe County; Second Vice President Denis E. Dillon of Nassau County; Third Vice President James T. Hayden of Chemung County; Secretary Peter Grishman of Bronx County; Treasurer John A. Cirando; and Legislative Secretaries Robert N. Convissar of Erie County, Richard (later head of the state's Organized Crime Task Force) Laskey of Kings County, Jerrold L. Neugarten of New York County, Lawrence J. Zinn of Nassau County, and John M. Ryan. Arcara presided at the January 21, 1988 mid-winter meeting, held in New York City. At his luncheon speech, he highlighted a number of Association accomplishments, including the enactment of the Organized Crime Control Act and forfeiture legislation. He targeted a number of other Association goals, including those dealing with transactional immunity, accomplice corroboration, and victim足 witness legislation. Arcara then introduced guest speaker Arnold Bums, Deputy United States Attorney General. The Association presented its first Criminal Justice Award to Lawrence Kurlander, Commissioner of Criminal Justice Services (and former Monroe County District Attorney), a special service award for John Cirando of Onondaga for his work as Association Treasurer, and welcomed John Poklemba as the new Commissioner of Criminal Justice Services. The Association then conferred the Frank Hogan A ward, posthumously, on Mario Merola, the former District Attorney of Bronx County, who had died earlier that year. On June 22-25, 1988, the scene shifted to the annual summer conference which was held at Grand Island, New York, at the Holiday Inn, five miles from Niagara Falls. Dick Arcara became a Federal District Court Judge for the Western District of New York, where he serves today. 1987 was John Cirando's last year as Treasurer. He had served from 1976足 1987, and before that as Assistant Legislative Secretary. His dependability and cooperative spirit were much appreciated by the Association and its members. John reminisces, in 1998: MY FONDEST MEMORIES OF THE NYSDAA INCLUDE...The softball games - Finnerty's Fungos 足 Pete's Crew; the upstaters trying to beat the New York County Team at all costs - Finnerty finally figured out how 300

John JohnA.A.Cirando, Cirando,Treasurer Treasurer1976-1987 1976-1987

to do it - he brought the umpires with him - Dick Lowe is probably still upset at that loss. Burt Roberts on local T.V. in Syracuse "singing the praises" of Governor Rockefeller. Single beds at the Hotel Thayer. Meeting Supreme Court Justice Bryon White and asking him if he was any relation to Danny. Albie [Rosenblatt] swearing-in the officers every year as only he could do. Bob Morgenthau standing on a chair in the hallway at the PINES changing light bulbs. Tony Morosco cutting short his vacation and bringing his boat and trailer to Albany to secure passage of that special piece of legislation. Pete Crew canceling the OTESAGA because they didn't have enough tennis courts. John O'Mara "borrowing" the piano Oat the PINES. Pete Crew finding a snake before he found his golf ball at the SAGAMORE. Singing all night with Dorothy [?] from Rochester. Was MOHONK really too reserved forO the District Attorneys Association? John Finnerty was really funnier than Tim Conway. Executive Committee meetings at Gene Gold's in Woodstock. How did we get all those Gucci registration gifts? West Point's mountain-like golf course and no golf carts. Dan Dwyer playing tennis. John Keenan teaching us how to prosecute an insanity defense case. Steve Lungen becoming a crime victim at MONTAUK. Flying over the tip of Long Island with Pat Henry's pilot. Ed Cosgrove hosting the rainiest convention on record. Chicken lunches at the Armory. The three amigos - Pete, John and Pat. Bill Murphy almost saving Neal Rose from a runaway golf cart at the MONTAUK golf course. Jon Holcombe being sworn-in as President with blood dripping down his forehead. Pete Crew becoming our Gerald Ford. Boat cruises on the Hudson and at Alex Bay. Celebrating my birthday with Bill Murphy. Sol Greenberg's ever present pipe and camera. Sneaking into the Saratoga Performing Arts Center Gala. The excursions to Monticello Raceway and Saratoga Raceway. The Cirandos trying to beat the Haydens or the Fitzpatricks on the golf course. My wife Carol and Pat Finnerty playing 27 holes of golf with two firemen from NYC at Grossingers. The Grishman's and the Rose's beautiful children. 302

But, most importantly, Carol and I are grateful for all the wonderful friends we made through the years.

303

William WilliamL.L.Murphy, Murphy,President President1988-1989 1988-1989

1988-1989

William L. Murphy of Richmond County was installed as President for 1988足 1989 at Dick Arcara's 1988 summer convention. The officers were: President-Elect Howard R. Relin of Monroe County; First Vice President Denis E. Dillon of Nassau County; Second Vice President James T. Hayden of Chemung County; Third Vice President Neal Rose of Madison County; Secretary Karen F. McGee of Richmond County, Treasurer Mark D. Cohen of Suffolk County; and Legislative Secretaries Neva Flaherty of Monroe County, Richard C. Laskey of Kings County, Jerrold L. Neugarten of New York County, Lawrence J. Zinn of Nassau County, and John M. Ryan. Lois Raff (then of Kings County) was named L.E.C. Liaison. In 1988, the Association revised its legislative tack by jettisoning the kind of hefty legislative package it had circulated in Albany in years past and focusing its ~nergies on a smaller number of priority proposals. According to Karen Fisher McGee, the Association's Secretary, "Mel Miller, the chair of the Assembly Codes Committee and a long-standing opponent of bills he viewed as 'pro prosecution,' was wont to keep many of the Association's bills from even being considered by his Committee, and it was hoped that NYSDAA would have more impact by seeking to focus the legislators' attention on a few proposals deemed most important." McGee noted that "the Association's dependence on volunteer efforts and its longstanding frustration with the Assembly leadership had prompted it to consider retaining a lobbyist to ensure a greater 'presence' in Albany. But the Executive Committee decided against this, largely because of the potential for ethical problems." The Association focused on its proposal to change New York's transaction immunity statutes to use immunity. Association leaders traveled across the state, meeting with newspaper editorial boards and legislators, but encountered opposition from Assembly leadership. McGee reports that "Assemblyman Miller's counsel declared to Chemung District Attorney Jim Hayden, 'You'll get use immunity over my dead body.'" McGee also notes that assaultlbias crime legislation was another top priority. The Association had opposed the creation of "victim specific" legislation in the past, but some exceptionally ugly attacks against homosexuals and racial minorities prompted the Association to endorse the concept of bias crime. Also a new assault bill (including the designation of "gang assault") was drafted in 1988. In 1991, the Law Enforcement Council announced it would include Association bills for increased assault penalties and the new offense of gang assault as one of its legislative priories. Gang assault was finally added to the Penal Law in 1996, and it was in that same year that the first degree assault was upgraded to a class B violent felony. McGee notes that NYSDAA proposals granted legislative recognition between 1988足 1997 included comprehensive legislation regarding eavesdropping/video surveillance; the designation of money laundering as a crime; statutory amendments relating to 305

John JohnM. M.Ryan, Ryan,Legislative LegislativeSecretary Secretary1987 1987totoPresent Present

L-R ent and L-R Legislative LegislativeSecretary SecretaryLois LoisM. M.Raft', Raff,1991 1991totoPre Present andSecretary SecretaryKaren KarenF.F.McGee, McGee, 1989 to Present 1989 to Present

child abuse crimes, drug prosecutions, and speedy trial provisions; the authorization for fingerprinting of juvenile offenders; refinements in existing OWl and domestic violence statutes, and resisting Assembly efforts to require "open file" discovery at arraignment. Murphy presided over the 1989 summer convention, which he held at the Otesaga at Cooperstown, New York. He was installed as President of the National District Attorneys Association in 1997.

308

Howard HowardR.R.Relin, Relin,President President1989-1990 1989-1990

1989-1990

Bill Murphy, at his summer 1989 convention in Cooperstown, is pictured turning the Presidential duties over to Howard R. Relin of Monroe County for the 1989-1990 term. Along with Relin, who served as President for the 1989-1990 term, the other newly elected officers were: Denis E. Dillon, Nassau County, as President足 Elect; James T. Hayden of Chemung County, First Vice President; Robert Johnson of Bronx County, Second Vice President; Kevin Dillon of Erie County, Third Vice President; Karen F. McGee, Richmond County, Secretary; and Mark Cohen, Suffolk County, Treasurer. Howard Relin chose the Gideon Putnam Hotel in Saratoga as the site for the District Attorneys summer convention on July 18-22, 1990. Manhattan enjoyed a 5-3 baseball victory over Relin' s Raiders. Relin serves as Monroe County District Attorney. In 1990, Jerrold Neugarten concluded a decade of exemplary service for the Association in his capacity as Legislative Secretary. Here are his reminiscences of the "'eighties: " Most of my reminiscences are of the legislative battles of 1982-1986, when the Association gained strength and enjoyed more success than it had in some time. Essential to that success was the increased role played by elected DA's themselves and the considerable support we enjoyed from the offices of Governors Carey and Cuomo. But essential, too, was the work of the Association's Legislative Committee. Although we started out with a relatively small group, by 1986 more than 200 assistants from around the state were serving on that committee or its specialized subcommittees. Rarely have I had the opportunity to work with such great and talented people, a few of whom I am pleased to mention below. What a rube I was in 1981 when Bob Morgenthau became President and asked me to become Legislative Secretary. The Legislative Committee worked hard that fall to produce a thick package of bills and memos, the largest ever. As we prepared for the 1982 session, I 310

Circa Circa1989 1989 Back BackRow RowL-R L-R Hillel HillelHoffman, HotTman,Jerry JerryNeugarten, Neugarten,Marty MartyMarcus, Marcus,Barbara Barbara

Straus Straus(Orange (OrangeCounty), County),Richard RichardLaskey, Laskey,Tony TonyGirese Girese Front FrontRow Row Larry LarryZinn, Zinn,Lois Lois

Raff, RafT,Karen KarenMcGee, McGee,Neva NevaFlaherty Flaherty(Monroe (MonroeCounty), County),Shula ShulaRosenblum Rosenblum(Kings (KingsCounty) County)

remember thinking it couldn't be that hard to get our bills approved. The need for them was obvious, the logic of our arguments impeccable; truth was on our side. And it was a democracy. All we had to do was explain our positions to the members of the Codes Committee, who had to vote on our bills, and it would be a downhill glide. I had no idea what I was in for. No rule bedeviled us more in 1982 than CPL 180.80, which then allowed us only three days to get an indictment. We launched a mammoth effort that year to get two extra days, writing letters, gathering horror stories and statistics, and surveying other states. From the reaction in the Assembly, however, you would have thought we were trying to abolish the constitution. It also proved to be my first experience with the ubiquitous but iniquitous Albany practice of "trading." It became quickly obvious that the legislature wouldn't talk to us about 180.80 unless we agreed to something entirely unrelated: liberalizing discovery. It was an exercise in sheer power, distasteful in the extreme, but we had no choice but to go along. Bob Pitler, Richard Laskey, Bill Donnino and I sat through a full year of meetings on the two bills, which were finally ready as the session was drawing to a close. As the DA's gathered at West Point for our summer conference, the discovery bill began to move through the legislature, but 180.80 was nowhere to be seen. It appeared we'd been snookered. The Assembly only moved after Bob Morgenthau telephoned Albany and summoned the Speaker off the Assembly floor to complain about the broken deal. Phones finally began to ring - we must have set a record for calls placed after midnight - and the rest is history. As the conference wound down, I found myself thinking out loud with Jay Cohen (in Mayor Koch's criminal justice office) and Frank Fioramonte (legislative director for Attorney General Abrams) about the possibility 312

Jerrold JerroldL.L.Neugarten, Neugarten,Legislative LegislativeSecretary Secretaryfor forthe the1980's 1980's

of our working together more closely on criminal justice issues. They liked the idea, as did Sol Greenberg, the incoming Association president, and exploratory meetings that fall led to the formation of the Law Enforcement Council. The other three members of the Council were the state's police chiefs, the state's sheriffs, and the Citizens Crime Commission. It proved to be a potent team. The 1982 conference was also the occasion of one of the funnier Association moments I can recall. Al Rosen blatt was asked to swear in the Association's officers at the Saturday night dinner. It was an image I will carry forever - all these powerful guys holding their hands up, shifting from foot to foot, but faithfully repeating AI's words, starting with the usual pledges and then moving on to a hilarious list of concepts and organizations. All, of course, to the enormous delight of the assembled crowd. 1984 was a watershed year. After a monumental effort, including what must have been one of the longest, sharpest, and most technical exchanges of letters between the Association and the legislature in history, a strong civil forfeiture bill, CPLR Article 13-A, was enacted into law. That the bill ended up with teeth is attributable to the tireless efforts of Tony Girese. We were forced to work off a draft prepared by the legislature which Tony described as the longest and most complex forfeiture bill on the face of the earth. He later wrote a 300-page manual explaining the bill which still stands as its Rosetta stone. The same year, New York's joinder statute was amended to permit defendants to be tried together if they were involved in the same criminal scheme or transaction. Bob Pitler worked tirelessly on this enormously important bill, patiently crafting and negotiating the bill over six months. In addition, after another monumental effort capping years of effort, the burden of proof in insanity cases was finally shifted from the prosecutor to the defendant, where it belonged.

314

1985 was devoted primarily to negative battles. The legislature, spurred by Chief Judge Wachtler's statement that a grand jury would indict a ham sandwich, moved to replace grand jury proceedings with preliminary hearings. The change would have taken a terrible toll on witnesses and on many of the state's lower courts. Sharon Norton and Marty Marcus wrote a comprehensive position paper defending the grand jury and debunking some of the myths surrounding it. Jim Hayden worked closely with victim advocacy groups and collected a thick packet of statements vehemently opposing the change. These two documents were widely circulated and caused the measure's defeat. The same year, a statewide committee drafted guidelines for determinate sentencing. Bob Morgenthau, who sat on the committee, asked me to attend its meetings with him, and it didn't take long before we saw the fine hand of our adversaries in the legislature at work. The devil was in the details, and a group headed by Jim Fogel painstakingly unearthed and exposed them. The proposal would have reduced the sentences of more than 40% of the state's violent felons. Jim's findings, incorporated into Morgenthau's strong dissent in the final committee report, played a crucial role in the proposal's defeat. 1986 was the year of the Organized Crime Control Act. It would not have happened but for a twist of politics. The bill, patterned after the federal RICO bill and drafted by OCTF's Ron Goldstock and Marty Marcus, had languished in the legislature for years. Organized crime was much in the headlines that year, with the feds winning celebrated RICO convictions against many organized crime groups including the "Commission." In May, I received a call from a highly-placed Senate

aide who told me gleefully that he and a Senate colleague had devised a plan to embarrass the Assembly Democrats. The plan was to pass OCCA verbatim, wait for the pressure on the Assembly to build (as it inevitably would), and then watch them squirm. The Senate didn't like the bill much either, he told me, but he wasn't concerned. It was such 315

anathema to the Assembly that he thought it inconceivable that the Senate would ever have to deal with it seriously. It was one of the few times that Lady Luck smiled upon us. After the Senate passed the bill, I encouraged the Law Enforcement Council to jump on the issue with maximum publicity, and it led to one of our whirlwind tours on the state airplane. We criss-crossed the state, seeing four or five editorial boards a day, and within a month most of the state's major newspapers had endorsed the proposal. Many also blasted the Assembly.

The media assault paid off. The Assembly offered to open its Codes Committee to a frrst-time-ever debate on the bill. Goldstock was the obvious pick for our side; Gerry Lefcourt made the case against the bill. The debate went well for us - Goldstock was brilliant - and we soon found ourselves in negotiations on the bill. The Senate attended, although glumly. Marty Marcus took the lead for the Association. Calm, patient, incredibly well-informed, and blessed with extraordinary stamina, Marty was as skillful a negotiator as I have seen. He went toe to toe against a roomful of adversaries for what must have been fifty hours of negotiation. We had to make come compromises, but Marty brought the bill home. True, we suffered our indignities from time to time. In 1983, the entire Law Enforcement Council, represented by thirty of the state's top law enforcement officials, met and presented our legislative package to a top legislative leader. "Gentlemen, I am not impressed," he said as he literally threw the LEC's package of bills onto a table, where it landed with a plop. The meeting degenerated even further. I will never forget Dick Arcara, apoplectic in the hallway afterward, saying he would never have believed the arrogance and disrespect if he hadn't seen it with his own eyes. It was a catalyzing moment. Arcara's sentiments were widely shared. I have always thought that the rudeness we were shown that day fueled the substantial 316

Richard RichardC.C.Laskey, Laskey,Legislative LegislativeSecretary Secretary1981 1981toto1994 1994

Hillel HillelHoffman, Hoffman,Legislative LegislativeSecretary Secretary1986 1986totoPresent Present

increase in legislative activity of those present and accounted for much of our success over the next few years. I was threatened more than once by a legislator or committee counsel, being told on one occasion by a key Assembly staffer that if we took our proposals over his boss's head to the Speaker they would never get out of committee. We also experienced outright duplicity. The day of a key committee vote on immunity, five Assemblymen who had promised us their support failed to appear or inexplicably switched their votes. I later heard that some legislators opposed our bill because they thought it would lead to investigations into their own misconduct. And of course we were double-talked in more ways than I knew existed. During light moments, I made lists of the ways that legislators and their staffers said "no" without using the word. Finally, we often had to witness the absurd circus, when one of our bills passed and it was time for public credit-taking, of legislators coming forward, without blinking an eye, to characterize as a great achievement something they had fought tooth and nail to defeat.

***

It was a noble effort - the greatest campaign of my

life - and we won our share of the battles. I once counted what I considered our major victories from 1982 to 1986, and they numbered about twenty. I am especially pleased that so many of those baptized under fue back then, including Lois Raff, Jack Ryan, Larry Zinn, Mark Cohen, Tony Girese, Hilly Hoffman, and Karen McGee, are still manning the fort, and that some of the battles we fought and lost back then have finally been won. I am happiest for Lois, whose quiet decade-long battle for juvenile justice reform finally bore fruit in 1996. 319

Finally, although he, too, is retired from the effort, I cannot say enough about Richard Laskey, the Association's gentle bear. Ever generous with his time, wisdom and kindness, Richard was with us during every tough moment. Blessed with an extraordinary sense of humor, Richard also contributed greatly by seeing to it that we not take ourselves too seriously.

320

Denis DenisE.E.Dillon, Dillon,President President1990-1991 1990-1991

1990-1991

Denis E. Dillon of Nassau County was chosen as Association President for the 1990-1991 term at Howard Relin's 1990 summer convention, along with: President足 Elect James T. Hayden of Chemung County; First Vice President Robert T. Johnson of Bronx County; Second Vice President Kevin Dillon of Erie County; Third Vice President James Catterson of Suffolk County; Secretary Karen F. McGee of Richmond County; and Treasurer Eugene A. Murtha of Nassau County. In his remarks as President for 1990-1991, Dillon stated that he: would lead the Association in pressing for the enactment of certain key criminal justice bills in the next session of the State Legislature. "While local prosecutors have been given a new forfeiture law that allows them to strip drug dealers of their enormous profits and deprive the dealers of their physical bases of operation, there are still major criminal justice issues confronting the State. Many assaults have left innocent victims permanently maimed and scarred. Drunk drivers continue to cause death and injury and yet escape the legal penalties provided by the law. Interpretations of criminal procedural rules threaten to turn the most minor technical mistakes into methods of thwarting justice for clearly guilty offenders ... " He also said the State DA's Association [would press] to change ... assault laws ... [so that] the most serious assaults, i.e. those which result in permanent and severe injuries, be raised to class B felony, the same classification accorded to Robbery First Degree. In addition, the DA's Association [would propose] that the law be changed to permit the imposition of consecutive sentences when a felony assault is committed in the course of another violent felony. For its winter meeting, the Association met at the Sheraton Center Hotel in Manhattan on January 23-25, 1991. As part of its Executive Committee Meeting, the group was addressed by Raul Russi, Chairman of the New York State Division of Parole, regarding the prosecutor's role in the parole decision-making process. The District Attorneys also heard Edward A. Sheridan, Deputy Commissioner of the New York State Department of Motor Vehicles. The invitation included this note: 322

For the enjoyment of the spouses of those attending the Executive Committee Meeting, we have arranged for twenty tickets to the Geraldo Rivera Show on January 24 [1991] at 2 P.M .. Earlier that day, Justice Burton B. Roberts was the luncheon speaker. On July 25-28, 1991, the Association met for its summer convention at the Otesaga Hotel in Cooperstown, New York. Tony Girese of the Bronx District Attorney's office gave a criminal law update, followed by a lecture on New York State retirement benefits. There is no indication that the sequence was by design. Brooklyn District Attorney Charles J. Hynes, aided by Elizabeth Lederer, Daniel Cotter, and John Ryan gave a talk on "Handling the High Publicity Cases." The Saturday, July 27, 1991, baseball game, no longer bearing the team titles of old, was between "NY County v. NYSDAA" at the Cooperstown Central School. In a July 23, 1993 communication to this writer, Howard Relin ("Relin's Raiders ") gave the following spirited account, which the reader mayor may not believe to be free of bias: For the record, [our 1990] DA's softball team lost 5 to 3 to Manhattan, but I was retained as coach for the following year during Denis Dillon's presidency and we crushed Manhattan 15 to 8 at Cooperstown. That victory is the only victory that I can ever recall during my 26 years as an Assistant District Attorney and as District Attorney. You may remember our last victory before 1991. Our victory was so stunning that Manhattan refused to show up last summer [1992] at the Thousand Islands, so we have retained the Hogan Trophy for the past two years. That appears to have been the end of the softball era, as we knew it. Sic transit gloria mundi. Dillon serves as Nassau County District Attorney. The Association's activities in the 1990s were not confined to the legislative arena. A core group of District Attorneys worked with the State's Division of Criminal Justice Services to develop a comprehensive, computerized case tracking system for prosecutors. The Association offered programs on such topics as DNA, federal habeas corpus proceedings, technology in the courtroom, environmental crimes, handling "high profile" cases, civil liability/prosecutorial immunity, the pitfalls ofjury selection and general trial techniques. And who can forget, asks Karen McGee, "Judge (former Bronx ADA) Alan Marrus's Jeopardy-style game at the 323

Summer 1991, L-R L-R Summer Conference Conference 1991, Summer Conference 1991, L-R Summer Conference 1991, L-R

L-R L-R L-R L-R

John Falk, FaIk, Howard Howard Relin, Retin, Gino Gino Nitti Nitti John John FaIk, Howard Retin, Gino Nitti John Falk, Howard Relin, Gino Nitti

James Catterson, Kevin Kevin Dillon, Dillon, Robert Robert Johnson, Johnson, 1991 1991

James Catterson, James Catterson, Kevin Dillon, Robert Johnson, 1991

James Catterson, Kevin Dillon, Robert Johnson, 1991

OutgoingPresident PresidentDenis Denis Dillon Dillonswearing swearing in in Jim Jim Hayden Hayden as as President President and and Kevin Kevin Dillon Dillon and and Outgoing RobJohnson Johnsonas asVice VicePresidents. Presidents. In In background, background, Legislative Legislative Secretary Secretary Larry Larry Zinn Zinn (far (far left) left) Rob TreasurerGene GeneMurtha, Murtha, and and Secretary Secretary Karen Karen McGee McGee 1990-1991 1990-1991 Treasurer

Otesaga Hotel, which probed contestants' knowledge of not only the CPL, but also of notorious prosecutorial and judicial figures?" McGee's memory is both good and valuable. She has served devotedly as Association Secretary from 198811989 through the present. The Legislative Secretaries for the year were Tony Girese of the Bronx, Richard Girgenti from New York County, Hillel Hoffman from Kings County, Richard Laskey from the Organized Crime Task Force, Lois Raff from Kings County, John M. Ryan from the Attorney General's Office, Larry Zinn from Nassau County. Larry acted as Chief Legislative Secretary after Jerry Neugarten left, through Denis Dillon's Presidency and for some years after that, until Robert Johnson became President and Tony Girese became Chief Legislative Secretary. Lois Raff reminds us that when Jerry Neugarten left the New York County District Attorney's Office to work at the Organized Crime Task Force for Attorney General Bob Abrams and Task Force Director Ron Goldstock, Richard H. Girgenti replaced him both as Legislative Secretary from New York County and as Coordinator of the New York State Law Enforcement Counsel. When John Poklemba left as Director of Criminal Justice for Governor Mario Cuomo, Richard Girgenti replaced John. Two of the issues Richard Girgenti was very involved in for the Association were Forfeiture and establishing a DNA database. The Law Enforcement Council held hearings on Forfeiture at John Jay College of Criminal Justice in February of 1989 in an effort to draw public attention to the need for revision in the law. The panel of questioners included Attorney General Robert Abrams, District Attorneys Robert M. Morgenthau and William L. Murphy, Frank B. Looney, then Counsel to the State Association of Chiefs of Police ( by way of demonstrating that the same people stay in public service forever, they just switch jobs, when Frank retired, he was replaced by John Poklemba who now sits on the Law Enforcement Council), Peter Kehoe, Executive Director of the State Sheriffs Association; Peter J. Benitez, then Criminal Justice Coordinator of the City of New York and Thomas A. Repetto, President of the Citizen's Crime Commission. Later, as Commissioner of the Division of Criminal Justice Services, Richard Girgenti was able to see the DNA database become a reality when the legislation was finally enacted.

326

Jame JamesT.T.Hayden, Hayden,President President1991-1992 1991-1992

1991-1992

Denis Dillon's 1991 summer convention ushered in the presidency of James T. Hayden of Chemung County for the 1991-1992 term. In addition to President Hayden, the officers for 1991-1992 were: President足 Elect Robert T. Johnson of Bronx County, First Vice President Kevin Dillon of Erie County; Second Vice President James Catterson of Suffolk County, Third Vice President Charles J. Hynes of Kings County; Secretary Karen F. McGee, Assistant District Attorney of Richmond County; and Treasurer Eugene A. Murtha, Assistant District Attorney of Nassau County. Jim Hayden, who is rarely without his sense of humor, recalls his year this way: Our winter convention was held at the New York Sheraton. Our guest speaker was Tom Charron, President of the National District Attorneys Association and the District Attorney of Marietta, Georgia. District Attorney Charron provided the audience with a national perspective of prosecutorial concerns and then went on to regale the audience with a terrific1y humorous series of puns entitled, "You Know You're a Redneck When," such as; you know you're a redneck when you consider fifth grade as your senior year in school. The [1992] summer convention was held at the Thousand Island Club [on Wellesly Island, Alexandria Bay]. The photos of John O'Mara, Pete Crew and myself were taken at that convention. [Editor's note: All three, from Chemung County, have served as Association Presidents. O'Mara in 1940, Crew in 197611977, and Hayden (1991-1992).] The highlight of the convention was the Saturday evening cocktail cruise among the islands. No significant legislative gains were made or lost during that year. As I am sure you have frequently heard, just maintaining a standoff against ill-advised legislation is often the fruit of our efforts. I tried not to embarrass the Association too badly during my tenure although I did miss the first executive committee meeting that I called. Also during the winter 328

Outgoing President President Jim Jim Hayden Hayden presenting presenting awards awards to to Legislative Legislative Secretaries Secretaries (l-r) (l-r) Steve Steve Outgoing Fishner, Tony Tony Girese, Girese, Karen Karen McGee McGee and and Jack Jack Ryan, Ryan, Thousand Thousand Islands, Islands, July July 1992 1992 Fishner,

Richard H. H. Girgenti, Girgenti, Legislative Legislative Secretary; Secretary; Coordinator, Coordinator,

Richard New York York State State Law Law Enforcement Enforcement Council, Council, 1990 1990 to to 1992 1992

New

Steven M. M. Fishner, Fishner, Legislative Legislative Secretary; Secretary; Coordinator, Coordinator,

Steven New York York State State Law Law Enforcement Enforcement Council, Council, 1991 1991 to to 1998 1998

New

meetings, I managed to inadvertently lock several men out of the restroom at Rosie O'Grady's. Finally, during a massive press conference with the Governor in Albany, when asked by a reporter, I was unable to remember the name of my State Senator. This year marked the beginning of Anthony J. Girese' s service (1991-1997) as Chief Legislative Secretary for the Association. His recollections appear at the end of the 1996-1997 segment. Steven Fishner of New York County replaced Richard Girgenti as a Legislative Secretary and as Coordinator of the Law Enforcement Council when Richard went to Albany. ( Steve left in 1998 to become New York City's Criminal Justice Coordinator and has been replaced by Kris Hamann, increasing the percentage of women Legislative Secretaries dramatically). Other Legislative Secretaries were Hilly Hoffman from Kings County, Richard Laskey from the Organized Crime Task Force, Lois Rafffrom Kings County, Jack Ryan from the Queens County office, and Larry Zinn from Nassau.

332

Robert T. T. Johnson, Johnson, President President 1992-1993 1992-1993 Robert

1992-1993

At the Thousand Islands summer 1992 convention, hosted by outgoing President Jim Hayden, Bronx District Attorney Robert T. Johnson was elected President for 1992-1993. With him, to fill out the 1992-1993 slate, were: President足 Elect Kevin M. Dillon, Erie County; First Vice President James M. Catterson, Jr., Suffolk County; Second Vice President Charles J. Hynes, Kings County; Third Vice President Francis D. Phillips, Orange County; Secretary Karen F. McGee, Richmond County; and Treasurer Eugene A. Murtha, Nassau County. One of the first important meetings of Johnson's presidency was held on October 1, 1992, and dealt with legislative efforts relating to so-called Keindl reform. 145 Another item of interest focused on the so-called "Michigan" plan involving an automobile "sur-charge" to entitle the funds for their purposes. The midwinter conference was held in New York on January 27-29, 1993, at the Sheraton New York Hotel. The luncheon speaker for Friday, January 29, 1993, was Saul Weprin, Speaker of the New York State Assembly. The Association honored Carl Vergari, former District Attorney of Westchester County, with the Hogan Award. Also on Friday, January 29th, there was a Jury Practice seminar that included a discussion led by experienced prosecutors focusing on new developments in such areas as the limits of the Antommarchi 146 decision, jury selection, and juror note-taking. By the time of the winter meeting in January of 1993, the use of DNA evidence in court had become increasingly widespread and the District Attorneys had come to regard it as a matter of considerable importance. They also considered issues relating to carjacking, electronic court reporting, and the New York State Automatic Fingerprinting Facility. Bob Johnson held his summer 1993 convention at the Otesaga Hotel in Cooperstown. The conference began on Thursday, July 15, 1993, with a program entitled "Environmental Crimes: Why Bother?" by Michael Deodati of the Richmond District Attorney's office and Linda Spahr of the Suffolk District Attorney's office. Justice Alan Marrus then spoke on "New Developments in Criminal Law." On Saturday, July 17, 1993, the Association presented a program entitled "Piracy on the Streets: Counterfeit Sound Recording" by Cathy Timon of the Recording Industry Association.

145People v. Keindl, 68 N.Y.2d 410 (1986). 146people v. Antommarchi, 80 N.Y.2d 247 (1992).

334

The Executive Committee met to discuss legislative priorities. Anthony J. Girese, Chief Legislative Secretary, reported that the Legislature did not pass any of the Association's legislative priorities before their adjournment. Specifically, legislation which would have addressed the Keindl case and created a continuing crime for child sex offenders, legislation which would have addressed the problem of school violence, and legislation which would have provided resources for anti-car theft programs failed to pass. Joan Gabbidon of the Kings County District Attorney's office addressed the Committee on the subject of federal legislation which had been proposed in Congress by District Attorney Charles J. Hynes, and asked the Executive Committee to support the legislation, which would provide for funds for the creation of units within a prosecutor's office which would combine aggressive prosecution with community relations, requiring the crafting or identification of individual zones or communities within a given jurisdiction. The Association also agreed to write an amicus brief as to the legitimacy of conditioning the taking of guilty pleas by codefendants upon each party pleading guilty. Mark Cohen of the Suffolk County District Attorney's office described a potential difficulty concerning the pension waiver requirement for Detective Investigators who had retired from positions as police officers or other law enforcement officials. Johnson recalls his presidency: While there were many highlights of my year as President, let me share just a few. The first concerns an issue that has always been close to my heart - children. When I took office, New York law required that the victims of child abuse - even the very young - be able to testify as to the precise date, place and time of each separate act. Given the 路limits of a child's memory, coupled with the reality that these crimes are almost always committed in secret - often by care givers or relatives that the child sees frequently - this requirement was impractical and unfair. As President I worked hard to have the source of this requirement - the Court of Appeals decision in People v. Keindl - legislatively modified. My efforts and those of others ultimately were successful. The pen certificate celebrating passage of the modifying legislation hangs on my wall today.

335

Next, it was during my presidency that Justice Rosenblatt fIrst volunteered to put together the work which you are now reading. I was delighted to be able to encourage this project, which will preserve our rich history and tradition, and illustrate the continuity of our Association and the camaraderie of our members. Finally, on a lighter note, few who have not been involved in the process can appreciate the pitfalls of arranging two conferences for an Association comprised of rugged individualists, unbridled in their enthusiasm and unwavering in their opinions, both in and out of court. At my summer conference, the New York County District Attorney's softball team showed up in force - without any notice - to take on all comers. After scrounging around for a suitable field - and in utter defiance of New York Tort Liability - the game was played to the enjoyment of all. Whether at a conference table or on a playing field, I enjoyed my tenure and am pleased to have been part of the distinguished leadership and fine traditions of this marvelous organization. Bob Johnson was the fIrst African-American president of the Association but, beyond that, was the fIrst African-American District Attorney in New York State. There had been African-American Assistant District Attorneys in New York State, including Francis Rivers, who joined Tom Dewey's New York County District Attorney's office in 1938. In 1942, Dewey appointed him to the City Court Bench. There was also James M. Yeargin, who joined Dewey's office in 1938 and later spent 28 years in the District Attorney's office, ten of them as chief of the homicide bureau. And, of course, there was Eunice Carter, who joined Dewey's staff in 1935, making her the fIrst African-American woman Assistant District Attorney in New York State. In J. Clay Smith, Jr.'s book, Emancipation: The Making a/the Black Lawyer, 1844-1944,147 the author reports that the fIrst black Assistant District Attorney in New York State, Cornelius W. McDougal, was hired in 1910 by Manhattan District Attorney Charles A. Whitman.

147Philadelphia: University of Pennsylvania Press, p. 398. 336

In addition to Chief Tony Girese, other Legislative Secretaries were Steven Fishner of New York County, Hilly Hoffman from Kings County, Richard Laskey from the Organized Crime Task Force, Lois Raff from Queens County, Jack Ryan from Queens, and Larry Zinn from Nassau.

337

Kevin M. M. Dillon, Dillon, President President 1993-1994 1993-1994 Kevin

1993-1994

Bob Johnson's 1993 summer convention included, of course, the succession of officers and, with it, the election of Kevin Dillon, District Attorney of Erie County, as President for 1993-1994. (Kevin, the son of former Association President Mike Dillon, also followed his father's steps by going on to路the Supreme Court in 1997.) Serving with Dillon for the 1993-1994 term were: President-Elect James M. Catterson, Jr., Suffolk County; First Vice President Charles J. Hynes, Kings County; Second Vice President Francis D. Phillips, II, Orange County; Third Vice President Richard A. Brown, Queens County; Secretary Karen F. McGee, Richmond County; and Treasurer Eugene A. Murtha, Nassau County. Tony Girese continued as Chief Legislative Secretary. For the Kevin Dillon's 1994 summer convention, the District Attorneys traveled to Holiday Inn on Lake Placid. Other Legislative Secretaries were Steve Fishner from New York County, Hilly Hoffman from Kings, Richard Laskey from the Organized Crime Task Force, Lois Raff from Queens, Jack Ryan from Queens and Larry Zinn from Nassau. Terri Wincott of Erie County amazingly performed countless tasks to push the legislative program and prepare for the Winter and Summer Conferences, as well as traveled repeatedly to New York City and Albany, all while pregnant.

339

Lake Placid Placid -- Holiday Holiday Inn, Inn, July July 1994, 1994, L-R L-R Kevin Kevin Dillon, Bill Fitzpatrick, Frank Phillips, Lake Jim Catterson Jim Catterson

James M. M. Catterson Catterson Jr., Jr., President President 1994-1995 1994-1995 James

1994-1995

In the photo, outgoing 1993-1994 President Kevin Dillon is shown swearing in new President James Catterson, Jr. of Suffolk County for 1994-1995, along with Vice Presidents Frank Phillips of Orange County and William Fitzpatrick of Onondaga County. The 1994-1995 slate of officers elected included Catterson, Charles J. Hynes of Kings County, President-Elect; Frank Phillips of Orange County, First Vice President; Richard A. Brown of Queens County, Second Vice President; William J. Fitzpatrick of Onondaga County, Third Vice President; Secretary Karen McGee of Richmond County; and Gene Murtha of Nassau County as Treasurer. Tony Girese continued as Legislative Secretary. The District Attorneys' winter meeting was held at the Sheraton New York Hotel in Manhattan on January 25-27, 1995. On Friday, January 27, 1994, the Association had Attorney General Dennis Vacco as luncheon speaker. Also on Friday, there was a seminar on "The New Syndrome Excuse Syndrome," presented by Professor Stephen Morse of the University of Pennsylvania Law School. At the winter meeting, the Association took up a number of special projects including: environmental concerns, domestic violence/child abuse, elder abuse, office technology (office, investigative, and security), education, training and mutual assistance, and the proposed death penalty legislation. In the February 9, 1995 newsletter, Catterson reported: The recently concluded 1995 Winter Conference at the New York Sheraton was dominated by a spirited and intense discussion on the proposed Death Penalty legislation. Subsequent contacts with the Governor's office and both Legislative houses indicate that the major concerns of the District Attorneys (i.e., adequate notice of intent to seek the death penalty, prosecution funding, etc.), have been received, studied and have gained preliminary approval (to a greater or lesser degree). Active negotiations between the major players (Governor's Counsel, Senate and Assembly) continue. From a variety of sources we learn that our collective efforts have been instrumental in focusing attention on the obvious flaws in the original drafts and we anticipate further consultation of our membership before a final bill is hammered out. ...

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Preliminary reports had the Governor's budget people performing radical surgery on the criminal justice portions of this year's budget....John O'Mara, the Governor's Special Counsel for Death Penalty legislation, called the night the budget was released to assure the Association that he had been instrumental in putting back into the budget much of the CJS cuts. Subsequent conversations with the head of the Public Protection Unit of the Budget Office on February 7th confirms the following: A. Aid to prosecution - $20 million (restored); B. District Attorney salary reimbursement - $1.8 million (restored); C. Witness Protection Program - $600,000 (out); D. Aid to Crime Laboratories - $1.5 million (out); E. Law Enforcement - $8.7 million (out). In the March 3, 1995 newsletter, Catterson reported that: The Association['s] plain English analysis of the final (we hope!) version of the agreed upon capital punishment bill reflects the substantial changes incorporated through the efforts of Association officers and members. Governor Pataki invited the Association officers (Jim Catterson, Joe Hynes, Frank Phillips, Dick Brown and Kevin Dillon) to a meeting in his office on Tuesday, February 23rd where a "full and frank" discussion of our concerns and viewpoints was well received. For the 1995 summer convention, the Association went international - a ripening of the possibilities discussed by Wally Stakel years earlier. Catterson invited the District Attorneys to join in the Association's 1995 summer conference to be held at Queen's Landing Inn and Conference Center in historic Niagara-on-the-Lake in Ontario, Canada from July 12-16, 1995. He billed it as "our first 'international' conference location and promises to be not only informative, but a great opportunity to meet and socialize with other District Attorneys throughout the Empire State as well as representatives of the Ontario Provincial Crown Prosecutors' Association." On the business side, there was a CLE seminar on the New York State death penalty and prosecuting capital cases and another on forensic investigations with Dr. Henry C. Lee, Chief, Connecticut State Police Bureau of Forensic Science. These 343

Niagaraon onthe theLake Lake 1995, 1995,President PresidentJames James Catterson Catterson (right) (right) and and Legislative Legislative Secretary, Secretary, Niagara Jack Ryan Jack Ryan

were followed by seminars on domestic violence, protocols for prosecutors, and an inter-office networking workshop. On the entertainment and cultural side, the 1995 summer conference featured the Shaw Festival, historical Fort George, Niagara Park Botanical Gardens, guided historical walking tours, and NYSDAA mini-marathon (fun run). Gone was the softball game. On the legislative front, it was an active year with interest directed toward the Sex Offender Registration Act, the Health Care Facilities Anti-Violence Act, piracy of sound records, box cutters, anti-counterfeiting proposals, and witness protection proposals. The Association also turned its efforts toward "jury reform" and advanced a number of proposals including: screening of the jury array before individual voir dire, a juror per diem increase, anonymous juries, submission of written materials to the jury in a criminal case (which would permit certain written materials to be submitted to the jury during deliberations), the elimination of exemptions from jury service, reduced peremptory challenge, penalties for juror non-compliance, and elimination of jury sequestration. Catterson sums up his presidency: ... .In reflection, the advent and eventual passage of the Capital Penalty Bill was the signal event of my tenure ....In response to an informal request from John O'Mara, we analyzed an early draft and forwarded a critique .... Among some of the major changes we were able to inject were the deletion of the "cold jury" provision in the penalty phase, the 120 day time frame within which the prosecutor could elect to seek the death penalty, the inclusion of the defendant's violent criminal past history as part of the penalty phase and the mutual assistance provisions which, inter alia, provide for reimbursement for expert witness fees as well as monies for training and assistance. The passage of the death penalty bill in its amended form enabled us to bring on-line the New York Prosecutors Training Institute ("NYPTI"), a not-for-profit corporation dedicated to the training and mutual assistance of prosecutors in capital cases. This latter development which began operations in December of 1995 has proved to be a major "sea change" for the Association. Sean Byrne the Executive Director and his staff of 11 operate a highly efficient clearing house for prosecutors out of their Albany 345

State Street offices. One feature has been the creation of a brief bank available to all state prosecutors through a computerized intra-net.. ..Billed as the educational arm of the State District Attorneys Association, NYPTI is a formidable force in professionalizing the efforts of New York's prosecutors through training and education ....

***

One way we kept in contact with members was the establishment of a bulletin type newsletter, "Briefings." It emulates a similar one we have utilized in this office since 1990 and is an effective way of communicating information to busy District Attorneys .... In 1995, the New York State Bar Association's Committee on Ethics handed down Opinion 675 in which it declared that an Assistant District Attorney should not participate in the re-election campaign of the incumbent District Attorney (only financial contributions were regarded as appropriate). Karen McGee recalls that the District Attorneys were stunned by this Opinion, which they saw as inconsistent with Opinion 573 issued nine years earlier. The Association sought to convince the Committee that 675 was inapt, and pointed out that even law clerks are permitted to engage in certain activities in support of their judges that 675 made "off limits" to Assistant District Attorneys. The Ethics Committee, however, was unmoved and in its Opinion 683 announced that it was adhering to the blanket prohibition laid out by Op. 675. At the following summer conference (July 1996), the Association declined to amend its Code of Conduct for Political Activity to conform to Op. 683, although it did add several provisions which the Executive Committee approved. Queens County District Attorney Richard Brown disseminated a lengthy memorandum, detailing the history of the Ethics Committee's Opinions and the reasons why the Association did not believe itself bound by this most recent advisory opinion. What use may be made of Op. 683 by a candidate for District Attorney against an incumbent District Attorney, whose Assistants abide by the Association's Code, but not the blanket proscriptions of the Ethics Committee, remains to be seen. Association Secretary Karen McGee observes that prior to 1995, owing to philosophical differences among its members, the Association had not taken a position on the death penalty. In January 1995, however, the Association concluded that because a capital punishment law bill seemed inevitable, the Association would try to help shape the legislation.

346

For the next hectic six weeks, McGee recalls "then President James Catterson (DA, Suffolk) and several other Association officers and their Assistants reviewed the various and often-changing proposals emanating from Albany on a virtually daily basis and offered their critiques and recommendations to the Executive Chamber" leading to the alterations that Catterson detailed. A critical element of the bill, she notes, "enabled the Association to establish the New York Prosecutors Training Institute, a separate not-for-profit corporation dedicated to the training and assistance of prosecutors in capital cases." Its Executive Director, Sean Byrne, has since presented a number of training seminars and conferences, established a computerized brief bank and an expert witness data base accessible via the computers NYPTI installed in each of the 62 District Attorney's offices, and provided information by way of its on-line postings and its direct mailings. Other Legislative Secretaries were Steve Fishner from New York, Jay Cohen from Kings, Lois Raff from Queens, Jack Ryan from Queens, and Larry Zinn from Nassau. Mark Cohen (he and Jay, although not related, are fondly referred to as "the Cohen Brothers ") returned from Suffolk, and Mike Rossetti and Ed Saslaw from the Attorney General's Office. Because the President is from Suffolk County, Mark assumed a much more significant role in the Association's activities including working extensively with the Legislature on the Death Penalty bill and the Sentencing Reform Act, as well as giving birth to and shaping the fledgling New York Prosecutors Training Institute until it was safely placed in the hands of Sean Byrne.

347

CharlesJ.J.Hynes, Hynes,President President1995-1996 1995-1996 Charles

1995-1996

The 1995 summer convention, hosted by Jim Catterson, was held at Niagara颅 on-the Lake in Ontario, Canada. Charles J. (Joe) Hynes moved up to the presidency for the 1995-1996 term. The other 1995-1996 officers were: President-Elect Francis D. Phillips, II, Orange County; First Vice President Richard A. Brown, Queens County; Second Vice President William J. Fitzpatrick, Onondaga County; Third Vice President Jeanine F. Pirro, Westchester County; Secretary Karen F. McGee, Richmond County; and Treasurer Eugene A. Murtha, Nassau County. Tony Girese continued as Legislative Secretary. For the 1996 summer convention, Joe Hynes brought the group to Lake Placid once again. The program included a seminar on domestic violence training for prosecutors led by Victoria Lutz, Director of the Pace University Battered Women's Justice Center, and a presentation by the New York State Police on forensic identification, community narcotics enforcement and major case fraud. Judge Leslie Crocker Snyder was the guest speaker at the Thursday night dinner.路 Her topic was organized crime and drug gang prosecution--protecting witnesses and facilitating justice. On Friday, July 26, 1996, there was a panel discussion led by Robert M. Carney, Schenectady County District Attorney, on Innovative Prosecution Programs: "Expanding Your Staff at Little or No Cost to Your County." That was followed by a talk by Hon. Tosano J. Simonetti, First Deputy Commissioner, New York City Police Department, on the subject of "Crime Reduction in New York City: Police and Prosecutors Working Together." The Executive Committee met to consider the year's topics of importance, including: a death penalty overview presented by Sean Byrne, New York Prosecutor's Training Institute; the governor's superseder of District Attorney Robert Johnson of the Bronx;148 the code of political activity, presented by Richard A. Brown, Queens County District Attorney; and the Violence Against Women Act Grant. Later, there was a panel discussion led by George Dentes, Tompkins County District Attorney, on "Unraveling Corrections' Mysteries: When is a Minimum not a Minimum?" and, for a dimension of fun, a tour boat to Camp Majano and the first annual "United for Justice" Fun Run, 2.7 miles around Mirror Lake. On Saturday, July 27, 1996, the Association presented a workshop entitled "Creating a Child Advocacy Center in Your Jurisdiction." Participants were: Rhonnie Jaus of the King County District Attorney's Office; Sgt. Susan Morley of the New York City Police Department; Jane Barker, Victim Services Agency; and Rhea Stein, Deputy Zone Director of the Administration for Children Services. There was also 148Matter of Johnson v. Pataki, 91 N.Y.2d 214.

349

Lake LakePlacid, Placid,1996, 1996,Incoming IncomingOfficers Officersleft lefttotoright right Richard RichardA.A.Brown, Brown,William WilliamFitzpatrick, Fitzpatrick, Jeanine Pirro, Bob Carney, Jeanine Pirro, Bob Carney,

Lake LakePlacid Placid1996, 1996,Outgoing OutgoingPresident PresidentCharles CharlesJ.J.Hynes Hyneswith withJudge JudgeJoseph JosephBellacosa Bellacosa

Lake Placid 1996, L-R A. Brown, Francis D. Phillips nnIIII Lake Placid 1996, L-R Richard Richard A. Brown, Francis D. Phillips Lake Placid 1996, L-R Richard Brown, Francis Phillips Lake Placid 1996, L-R Richard A.A. Brown, Francis D.D. Phillips

Lake Placid Summer Conference 1996 L-RJohn John C.Tunney (Steuben County) and Lake Placid Summer Conference 1996 L-R John C.Tunney (Steuben County) and Lake Placid Summer Conference 1996 L-R C.Tunney (Steuben County) and Lake Placid Summer Conference 1996 L-R John C.Tunney (Steuben County) and Dorothy Hart Connelly, Paralegal, (Rochester) Dorothy Hart Connelly, Paralegal, (Rochester) Hart Connelly, Paralegal, (Rochester) Dorothy Hart Connelly, Paralegal, (Rochester) Dorothy Widow of Peter Connelly, Jr., aprominent prominent Rochester attorney. In 1977 asilver silver plate Widow Peter Connelly, Jr., Rochester attorney. 1977 plate of Peter J. Connelly, Jr., aa aprominent Rochester attorney. In 1977 aa asilver plate Widow ofof Peter J.J.J. Connelly, Jr., prominent Rochester attorney. InIn 1977 silver plate Widow award was presented to Peter and Dorothy in appreciation of long and loyal allegiance award was presented to Peter and Dorothy in appreciation of long and loyal allegiance award was presented to Peter and Dorothy in appreciation of long and loyal allegiance award was presented to Peter and Dorothy in appreciation of long and loyal allegiance to tototo the Association. the Association. the Association. the Association.

a panel discussion led by Richard M. Healy, Wayne County District Attorney, on the prevention and prosecution of cruelty to animals. The cocktail reception was hosted by Jeanine F. Pirro, Westchester County District Attorney, in honor of "The Year of the Women in the New York State District Attorneys Association. " Judge Joseph W. Bellacosa of the New York State Court of Appeals was the banquet speaker on Saturday evening, July 27, 1996. A new crop of officers were sworn in for 1996-1997. The incoming officers were: Frank Phillips of Orange County, President for the 1996-1997 term and, pictured, shown L-R, Richard A. Brown of Queens County, President-Elect, along with Bill Fitzpatrick of Onondaga, First Vice President; Jeannine Pirro of Westchester County, Second Vice President; Robert M. Carney of Schenectady County, Third Vice President; Karen F. McGee of Richmond County, Secretary; and Eugene A. Murtha of Nassau County as Treasurer. On the legislative front, Jay Cohen played a major role in the Association with regard to speedy trial Bolden issues, an increase in penalties for first degree assault, and the creation of the new crime of gang assault. With assistance from Governor Pataki's then Assistant Counsel Jim McGuire and Commissioner of the Division of Criminal Justice Services Paul Shechtman, both former New York County Assistant District Attorneys, the Association saw a substantial number of its long time priority bills become law including the assault and speedy trial reforms, the creation of the course of sexual conduct crimes to address problems created by Keindl, fingerprinting of juveniles for felonies, juror reforms, and the like. Other Legislative Secretaries continued to be Steve Fishner, Lois Raff, Jack Ryan, Larry Zinn, Mark Cohen, and Ed Saslaw.

352

Francis D. D. Phillips, Phillips, President President 1996-1997 1996-1997 Francis

1996-1997

Francis (Frank.) Phillips, II, took over the presidency for the 1996-1997 term. With him were: President-Elect Richard A. Brown of Queens County; First Vice President William J. Fitzpatrick of Onondaga County; Second Vice President Jeanine F. Pirro of Westchester County; Third Vice President Robert M. Carney of Schenectady County; Secretary Karen F. McGee of Richmond County; and Treasurer Eugene A. Murtha of Nassau County. Tony Girese continued as Chief Legislative Secretary. Phillips held the winter meeting on February 27 and 28, 1997, at the Sheraton in New York City. The program included an item by Susan Lindenauer of the New York State Bar Association as to District Attorney participation in the New York State Bar Association. There were also presentations by FBI Special Agent Les Szwajowski and Sgt. John Pignataro, New York City Police Department, on the Te~(,communications Industry Liaison Unit (TICU) and Communications Assistance for Law Enforcement Act (CALEA). The Legislative Committee's 1997 priorities were listed as victims issues (physical injury, felony child endangerment, elder abuse), Ranghelle/O'Doherty l49 issues in connection with People v. Rosario, 150 juvenile justice issues (JO/YO reform and felony murder attempts), consecutive sentences, appeal of preclusion orders, and additional Criminal Courts Judges for New York City. The District Attorneys also took up the Legislature's "Willard Drug Treatment Program," political activity by prosecutors, anti-terrorist prosecution, and the ABA Criminal Justice Task Force on Technical and Law Enforcement. On Friday, February 28, 1997, the members heard a program entitled: "TV or Not TV: That is the Question," a presentation by Ron Madden, Doar Communications, and Rita E. Adler, Chief of Investigations, Suffolk County District Attorney. At the luncheon the guest speaker was the late Hon. Harold Rothwax, who spoke on "The Criminal Justice System." Phillips held the 1997 summer convention in Saratoga. District Attorneys and their staffs from around the state gathered at the Gideon Putnam Hotel on Thursday, July 10, 1997 through Sunday, July 13, 1997. On Thursday afternoon, members of the New York State Police spoke about two initiatives - their Community Narcotics Enforcement Teams and their Major Crimes Unit. Westchester County District Attorney Jeanine Pirro informed attendees about the work of the Domestic Violence

149people v. Ranghelle, 69 N.Y.2d 56 (1986); People v. O'Doherty, 70 N.Y.2d 479 (1987). 15째9 N.Y.2d 286, eert. denied, 368 U.S. 866 (1961). 354

Summer conference, conference, Saratoga Saratoga 1997, 1997, Outgoing Outgoing President Frank Phillips (R) (R) presenting Summer award to to Superintendent Superintendent of of State State Police Police Jim Jim McMahon award

Fatality Review Board which she chairs and Carol Johnson, Executive Director of the New York State Office for the Prevention of Domestic Violence, described the missions and goals of her office. Later in the day, representatives of the New York State Police demonstrated the most up-to-date technology for blood alcohol analysis. The Legislative Committee meeting on Friday, July 11th, featured presentations by Ken Connolly, Deputy Commissioner of the Office of Legal Services of the Division of Criminal Justice Services, and Anthony Annucci, Counsel to the New York State Department of Corrections. Sean Byrne, Executive Director of NYPTI, demonstrated the capabilities of the new computer brief bank developed by his office and now linked to approximately 40 District Attorneys offices across the State. Representatives of the National Law Enforcement and Corrections Technology Center in Rome, New York, explained how they could provide important technical assistance and forensic services to prosecutors. In the afternoon, there was a tour of the new state-of-the-art State Police Forensic Center in Albany. On Friday night, Superintendent James McMahon of the New York State Police gave an interesting and well received keynote address at the dinner. . Saturday morning's Executive Committee meeting featured a legislative update by Jim McGuire, First Assistant Counsel to the Governor. Incoming President Richard A. Brown presented a plaque to Outgoing President Frank Phillips which expressed the Association's gratitude to District Attorney Phillips for his leadership and distinguished service as President. District Attorney Brown committed himself to seeking restoration of Aid to Prosecution monies to the offices that had received repeated budget cuts in previous years, and to seeking expansion of Aid to Prosecution. He also pledged to deal with the problem of Assistant District Attorneys who leave public service because of the pressure of significant student loan debt. A special presentation was made to District Attorney David A. Wait of Saratoga County, who retired after a long and distinguished career. Tony Girese served the Association well, as he imparted his wit and his wisdom, during his years of service (1991-1997). He recollects those years: My first experience with the Legislative Committee occurred before I actually joined it. In the early 1980s, when Bill Donnino was the Legislative Secretary as well as the Chief of Appeals in the Nassau County District Attorney's Office, he asked me to substitute for him at a meeting that he couldn't make. When I asked him what I should do to prepare for the meeting, Bill muttered something under his breath which roughly translated as "drink a lot of coffee." It was good advice. The expression, attributed to Otto von Bismarck, that those who 356

AnthonyGirese, Girese,Chief ChiefLegislative LegislativeSecretary Secretary 1991 1991-1997 -1997 Anthony

1997-1998 Standing: Standing; Ed EdSaslow, Saslow,Mark MarkCohen, Cohen,Larry LarryZinn, Zinn,Tony TonyGirese, Girese,Kris KrisHamann, Hamann, 1997-1998 Arlette Hernes, Richard Laskey Sitting; Richard Molea, Lois Raff, Hilly Hoffman Arlette Hernes, Richard Laskey Sitting: Richard Molea, Lois RatT, Hilly HotTman

care for the law or sausages should not watch either being made, applied with particular force in New York. For many years, as a member of the Legislative Committee, as Legislative Secretary, and as Chief Legislative Secretary, I have often had to explain the actual nature of the legislative process to prosecutors, lawyers, and well-motivated citizens who were usually dumbfounded that some quirk of the New York criminal law which was obviously troublesome, unjust, or just plain ridiculous could not be changed with a quick phone call. People want to believe that criminal law is drafted by a "committee of the wise" who carefully debate every nuanced detail, and is then enacted after principled deliberation as a coherent and carefully integrated part of the state's statutory structure. This view is quickly disabused by experience with the process, which in my case includes memories of hastily drafting parts of the state's forfeiture law on a napkin in the state cafeteria during their not-too-successful experiment at Mexican food, as well as innumerable trips to Albany, usually during snowstorms. I treasure the pen certificates which I have received as formal mementoes of successful legislative change, but I also treasure the ball point pen given to me by a senior assembly staff member, who on this single occasion forgot to ask that the Association endorse open discovery in exchange. However, in one sense the popular view is accurate. If there is a committee of the wise involved with statutory change of New York's criminal justice system, then it is surely the Legislative Committee of the New York State District Attorney's Association. It has been my pleasure and privilege to serve on that committee with a close knit group of extraordinary prosecutors who through long years of tedious effort have helped to bring about many significant changes in the law, including the creation of New York's forfeiture and RICO laws, the legislative repeal of the Bolden, Keindl, and ~ decisions, and other reforms too numerous to mention. The members of the committee put in many hours writing, reviewing and 359

debating the most complex problems and legislative proposals while still carrying a full load of other duties. The work is interesting, although it can also be extremely frustrating. However, throughout crisis after crisis, the enthusiasm and camaraderie of the group has remained undiminished. I believe that the Association as well as the people of this state have greatly benefited by the work of the Legislative Committee. Other Legislative Secretaries were Steve Fishner from New York, Hilly Hoffman returned from Kings (Jay Cohen left for the private sector), Lois Raff from Queens County, Jack Ryan from Queens, Larry Zinn from Nassau, Mark Cohen from Suffolk, and Ed Saslaw from the Attorney General's Office.

360

Richard A. A. Brown, Brown, President President 1997-1998 1997-1998 Richard

1997-1998

At the 1997 summer convention at the Gideon Putnam, a slate of officers was installed for the 1997-1998 term. They were: Queens District Attorney Richard A. Brown, President; Outgoing President Francis D. Phillips II of Orange County took over as Chairman of the Executive Committee. District Attorney Stephen F. Lungen of Sullivan County was elected Third Vice President joining President-Elect William J. Fitzpatrick of Onondaga County, First Vice President Jeanine F. Pirro of Westchester County, and Second Vice President Robert M. Carney of Schenectady County. District Attorney James M. Catterson, Jr. of Suffolk County continued as Chairman of the Board of Directors of NYPTI, and District Attorney Michael E. Bongiorno of Rockland County joined the Executive Committee. The Winter Conference was held in New York City from Wednesday, January 21 through Friday, January 23rd, 1998. Thursday's Executive Committee meeting was held for the first time at the Pace University Midtown Center, followed by a tour of the New York Stock Exchange. ( Picture enclosed). Two Friday morning seminars featured Bonnie J. Campbell, Director of the United States Department of Justice's Violence Against Women Office, who spoke to an overflow crowd about recent nationwide trends in the prosecution of sexual abuse and domestic violence cases, and a panel presentation by Marc Scholl of the New York County District Attorney's Office and Alan Schlesinger of the New York City Law Department on the issue of prosecutorial immunity. The Friday luncheon at the Sheraton Hotel in New York drew 500 people. Governor George E. Pataki was the keynote speaker. A Special Achievement Award was presented to James K. Kallstrom, retiring Assistant Director in Charge of the New York Office of the FBI. Now Supreme Court Justice Kevin M. Dillon, Past President of the Association, received the Frank S. Hogan Award. Kevin spoke movingly of the fact that he now had two Hogan awards, the one his father Michael Dillon had received with great pride some years back, and his own. The Association selected as its substantive priorities juvenile justice reform; revision of the sexual assault laws; vulnerable victim legislation in the areas of assault, felony endangering of a child and financial exploitation of the elderly; as well as procedural reforms to permit appeal of preclusion orders, to overrule Ranghelle and O'Doherty, and to authorize the introduction of photographic identifications into evidence. The newsletter was reestablished (two issues are included). A training committee was created consisting of training directors of offices throughout the state to help provide assistance to smaller offices, improve statewide coordination and cooperation in specialized training areas, and meet continuing legal education requirements in coordination with NYPTI. The training committee's fITst newsletter was distributed at the Winter Conference. NYPTI completed its efforts to link all 62 362

WilliamJ.J.Fitzpatrick, Fitzpatrick,President Presidentelect elect1997-1998 1997-1998 William

JeanineF.F.Pirro, Pirro,1st 1stVice VicePresident President1997-1998 1997-1998 Jeanine

Robert M. M. Carney, Carney, 2nd 2nd Vice Vice President President 1997-1998 1997-1998 Robert

StephenF. F.Lungen, Lungen,3rd 3rdVice Vice President President 1997-1998 1997-1998 Stephen

1997-1998 Legislative Legislative Committee Committee 1997-1998 L-R Ralph Fabrizzio, Kris Hamann, Hamann, John John Hogan, Hogan, Jack Jack Ryan, Ryan, Tony Tony Girese, Girese, Lois Lois Raff, Raff, L-R Ralph Fabrizzio, Kris Larry Zinn, Zion, Karen Karen McGee, McGee, Hilly Hilly Hoffman, Hoffman, Arlette Arlette Hernes, Hernes, Jonathan Jonathan Silberman, Silberman, Guy Guy Larry Art Weinstein, Weinstein, Victoria Victoria Anthony Anthony Arcidiocono, Sharon Sharon Brodt, Brodt, Art Arcidiocono,

1998Winter Winter Conference Conference Stock Stock Exchange Exchange Tour Tour 1998 Back Row Row L-R L-R Una Una Murray, Murray, Kris Kris Hamann, Hamann, Hilly Hilly Hoffman, Hoffman, Shelly Shelly Galfunt, Galfunt, Gene Gene Murtha, Murtha, Back Tom Regan, Lawrence Friedman, Kenneth Bruno, Unidentified, Unidentified Front Row Tom Regan, Lawrence Friedman, Kenneth Bruno, Unidentified, Unidentified Front Row L-R Jack Jack Ryan, Ryan, Sean Sean Byrne, Byrne, George George Dentes, Dentes, Robert Robert Carney, Carney, Penelope Penelope Clute, Clute, Richard Richard L-R Grasso, Richard Richard A. A. Brown, Brown, Kevin Kevin Wright, Wright, Unidentified, Unidentified, Richard Richard Healy, Healy, James James Vargason, Vargason, Grasso, Donna Cathy, Unidentified Donna Cathy, Unidentified

Annual Luncheon, Sheraton Hotel, January 23,1998 Annual Luncheon, Luncheon, Sheraton Sheraton Hotel, Hotel, January January 23,1998 23,1998 Annual Top Photo Governor George E. Pataki Bottom Photo L-R U.S. Attorney Zachary Top Photo Governor George E. Pataki Bottom Photo L-R L-R U.S. U.S. Attorney Attorney Zachary Zachary Top Photo Governor George E. Pataki Bottom Photo Carter, Putnam County District Attorney Kevin Wright, U.S. Attorney Mary Jo White, Carter, Putnam Putnam County County District District Attorney Attorney Kevin Kevin Wright, Wright, U.S. U.S. Attorney Attorney Mary Mary Jo Jo White, White, Carter, President Richard A. Brown PresidentRichard Richard A. A. Brown Brown President

Annual AnnualLuncheon, Luncheon,Sheraton SheratonHotel HotelJanuary January23,1998 23, 1998 Top TopPhoto PhotoL-R L-R James JamesK.K.KaUstrom, Kallstrom,Richard RichardA.A.Brown Brown Bottom BottomPhoto PhotoL-R L-RKevin KevinM. M. Dillon, Jeanine F. Pirro, William J. Fitzpatrick Dillon, Jeanine F. Pirro, William J. Fitzpatrick

District Attorneys offices by computer enabling them to share information, link to a common brief bank and communicate quickly with their counterparts across the state. The NYSDAA directory updated in 1998 for the first time contained pictures of the state's District Attorneys. New York State's budget, which passed in early April, included a number of the Association's budgetary priorities including expanding Aid to Prosecution to the 31 counties that do not now receive it, providing salary reimbursement to the State's eight part-time District Attorneys, and authorizing NYPTI to provide mandatory continuing legal education and training regarding major violent felonies to New York's prosecutors. The Governor subsequently vetoed these measures. Dick Brown's 1998 summer conference is scheduled for July 16-19, 1998, at the Radisson Hotel in Coming, New York. Lois Raffreports that Tony Girese, Chief Legislative Secretary, has turned over the running of the Legislative Committee to her during District Attorney Brown's presidency. In hopeful anticipation that Tony will resume the mantle in future years, Lois has made sure that the District Attorneys Association Directory continues to list Tony as Chief Legislative Secretary; Tony continues to dream that he will win the lottery and move to Vermont before that happens. Other Legislative Secretaries are Kris Hamann (replacing Steve Fishner) in New York County, Hilly Hoffman, Lois Raff, Jack Ryan, Larry Zinn, Mark Cohen and Ed Saslaw. This is the end of the narrative. Of course, it is not the end of the history, but merely a point along the way, which happens to fall during early summer of 1998, almost nine decades after the start. It is also not the end because too much is still missing. There are gaps from 1913-1921, during which the Association appears to have been defunct - I cannot now say for sure - and there are gaps for 1923, 1924, 1927, 1928, 1930 and 1931, during which the Association was ostensibly alive. But beyond that, the history will itself continue, and perhaps be taken up by others, to make a record of the years ahead, just as this work represents that of years passed. I hope so.

371

ARTIClS I .tfAl«1E AND PURPOSE

This organization shall be

S.ectlon 1.

knovn as The District-Attorneys'

ot the State of

Asso~iation

Ney Yo:,k. Section 2.

The purposes of this organi

Purpose.

zatlon are to serve as an agency for closer

pe~son.s.l

acquain

:.a."lce e.mOI"..g prosecuting off101als in thE) Sta.te of Nev York and to

~ke

possible the exchange ot information and v1eva in

rsspect to the conduct of their varidus offices so as to pro ~te

a graater degree of efficiency and, as deemed necvss~~

O~ cdviz~ble,

to support or oppose legislat10n for tha

the cr1li11nal la..., and for the improve:nant • proce~urG of the proseoution of orime.

csn-~

~or.d

the

ARTI"CLE II ~·rBERSHIP

Section 1.

ClaBoes of Membarsni2.

Membership in

this Ascocia.tion sroll be (Uvided into four classos:

Reg1l1ar,

Assoc1ate, Assistant nhd Assistcnt Associate. Section 2.

!egu)ar·

Mombersh1~

shall be open to

District Attorneys. the Attorney General ot

th~

State of

New York and United States Attorneys for distriots vith1n the State of l:ev York. Section}.

Associate

Momb~rshJ£ s~~ll

be opon to

tormor Distr1ct Attorneys, Attorneys Genera.l of tho Stete of ne~ York S~to

and Un1ted Statos Attorneys ·rordistr1cts v1th1n tho nov

Yor~.

Appendix A Constitution and Bylaws

Sect10n 4. As~i~tants

on tho legal staffo ot tho District Attorno7c, the

Attorney General and tho Unitod Statee AttornD18 tor dintrictn w1thin the State ot Nov York. :section 5.

Ass1stant Assoc1ate Membership shall be

open to former Assistants on the legal starrs of the Distr10t Attorneys" the Attorney General and the United Stat os AttorneYG tor districts vithin the State of Nev York. Sect10n 6.

Applies. tion for Regula.r

~tern.bor~h1!>.

Any person qualified for regular membership shall becomo a regular member upon application therefor and upon paying the dues hereinafter ment10ned. Section 7.

Applicat10n for other Mocbersh1p.

person qualif1ed for any other class of membership

~~~ll

cono a member of such clas5 (except as modifiod by the section), upon

hpp11c~tion

be足

ne~t

to and election by the EAocut1va

Committee and by paying the dues hereinafter nentioned. Section 8. 48

Change of Class of Membership.

limited by Article III, section 8, all

r6gu~ar

Except

members and

assistant members shall become associate and assistant associ足 ate

me~bers

at the expiration of their respective terms ot

officQ. Sect10n 9.

Vot,ing.

All membol's may tako part in

the discussions on matters which msy coma before all meotings of the ASSOCiation, but only regular

Qembo~s

shall be entitled

to vote thereon. Sect10n 10.

The

~~ual d~o

tor regulnr nnd

associate members shall be Ten Dollars ($10.00) per year, and for all

othe~

cembers Three

Doll~r&

($3.00) per year, payable

on JenU3r] lat or onch yoar.

7110 pro~ont rato 01' Guoo (~~V~

and tva dollars r03pectfvely) arull remain in eftect.u.."'lt11 Y.s.rch 15. 1948. ARTICLE III

OFFICERS AND THEIR DUTIES Officers.

Sect10n 1.

The off1cers of' th1s

Associat10n shall be a Pres1dent, a First V1ce-President, a Second Vice-President, and a Secretary and a Treasurer. Duties of President.

Section 2.

The President

shall pres1de at all meetings of the Association and shall ap p01nt &11

co~ittees

Invs,

it shall be h13 duty to Boe that the const1tut10n

~~A

provided for by the constitution and by

and by-la.ua of the Associat10n are enforced and that its

ott1cerssparform

thel~

Sect10n ,. V1ce~~a~tdont

duties. Duties of

V1ca-Prsnidcn~.

Tho Firat

shall perform tho duties of the Prasident in

the absonco of the President;

the Second

V1ce-~~esidont Bh~ll

parfor:l tbe,.uties of the Pra:Jident· in tho absence 01' Pre~ident

8r~11

and the

Fi~Bt

Section

th.~

Vice-Pres1dent. Duties of

Secretar~.

The Secretary

keep rocorda at the meetings and activities of the

Association and 1ts committees and at the annusl1neeting cake a vrltten report thereof. Saction 5.

Dutie~

of the Troasurer.

The Treasurer

Bhall collect all monoys due tho ARDoo1Gt1on, pay all moneys oved, keep the funds,

~~inta1n

propor

vOUChO~8

snd accounts

and at the annual mooting make a vritten report thereof. Section 6.

Eligibility for

OffJ.._~.

Only regula.r

co=bG~~

shall be e11gible to hold offico as

freGlaan~

Only regular and assistant membors shall

Vice-PrC31dent.

be eligible to hold off1ce as Secretary or

Trea~urer

or as

Committeemen. Sect10n 7.

Term of Office.

The term ot the

Pres1dent and Vice-Presidents shall be one yoar. the

~ecretQ.ry

The term ot

and Treasur.er shall be tvo years, except that

upon adopt1on of th1c con'st1tut1on and by-laws the 'l'reasura.. shall be elected for only one year and b1-annually thereafter The Secretary shall be elected in even-

1n odd-numbered years. numbered years.

All officers shall be elected at the

~~ual

·meeting. Section 8.

Expiration of Office.

Any member of

this Association who is at the time of the expiration of his

ter~

of public office an officer of this Association shall

continue to be such officer until his successor 1s elected.

Section 9 P~esident

Vacancies.

Should the office of

become vacant, the First Vice-President shall act

as President until the next

nr~ual

meeting; should the off1ces

of Pres1dent and First Vice-President become vacant, the Second Vice-President shall nct as President until the next annual meeting;

sho~

any other office become vacant, the

President shall appoint a until the next

nnnua~

successc~

who shall hold office

meeting. ARTICLE IV

COMlI.I TTEES

Section 1. EA~cut!ve Co~ultt6ej Numbor and qual~ ficat1ons. The President shall appoint an Exocut1ve Committe-El, vhlch'shall consist of one m~~ber from each ot the judicial

-4

dlstrlcta ln the State.

be ex-ortic10 members thereot.

Sect10n 2. . pa5S

'U~on

The Executive Comm1tt6Bub411

Duties •

all a.pp1icat10ns tor membersh1p as provided in

Art1c1e II, Section.7: 1t shall arrange for a place tQr the meetings of th1s Associat10n and for such entertainment as It

·may deem "suitable; 1t shall also cons1der all other matters ref~rred

to it by the President. Sect10n 3.

Legislative Committee; Number arid Qua1i

The President shall appoint a Legislative Oomm1ttee,

"flcations.

which shall consist of one member from each judicial district in the State.

Officers of this Association shall be ex-officio·

members thereof. Section 4.

~tle8,

It shall be the duty of this

committee in the namo ot the ABloctation to act upon all legislative matters affecting the purposes of this Association as set forth in Article I, Sc'tlan 2. ARTICLE V, MEETINGS

Time 404 f14C8 of AnnuAl Moot1ng.

Section 1.

annua1'meetlng of" this Association Gb&ll be hold at a time fixed by the Assoc1ation

by tne

E~eeutlv8

Committee 1n

each yenr in the 01ty at Alb.o.ny o"(! In the 01 ty of Ile\l ·York, unless at a regular meetIng ot tne ABBoe!atlon or of the Executive Committee

801M Oth6J'

place BOO11 be designated.

Section 2. the Alsociation may be called P7 the PVGB14ent or upon the vs.-ltten s.-cquost of ton ItGlI1b.", t6R

J'~Bulll"(!

mellbero and. by giving each

days writt«m ncU-tt.. thi rt;of,

The

AR'l'r CLE VI.路 AMENDto1ENTS

Th1s constitution and by-lavs may be nmended by

majority vote of the. regular members present o.t any annual meeting.

ARTICLE VII. This constitut1on and by-lavs as nmended vere adopted and took effect at the annual meeting held at tho Building of the fossociat1on of the Bar of the City of New York on January 24, 1948.

WIT~~SS Wh~EOF,

ve have hereunto aff1xed our

signatures at said time and place.

Fl;lANK

JOKN

Frank S. Hogan

s. HOGAN, Pros ident

John S. l'1-!lrsh

S~a]SH,

1st

V1co-~r6siaont路

J. Clarence Herl1hy

~J-.-C~LAR~~E~N~CwE~HERLIHY,路2nd

Vice- Presidenr.-

Goorge Tilzer GEORGE TILZER, Secretary

Phi1i~

~p~H~rL~I~p~HUN~~T~r~~~'G~T~O~f~l

Huntington Treasurer

~ ~etteIe of the DISTRICT ATIORNEYS' ASSOCIATION OF THE STATE OF NEW YORK May, 1947

Volume 1

Number 1

SHAWNEE INN ---- JUNE 27-29

FLASH!!!

NOTICE!!

Summer Conference to Be Held in Pennsylvania HOGAN TO }~IGHT EXTRADITION

N. Y. Chamber of Com. May Press Charges Under §43 PL Suspect O'Mara, Foley, Hunt ington of "Counseling, Induc ing, Procuring."

HOGAN EXPLAINS Frank S. Hogan, District Attorney of New York County, and President of the New York State District Attorneys' As sociation, today explained his precedent shattering move in holding the summer conference in a foreign State. He said: "Holding serious my oath of office .to enforce all the laws of the State of New York, and having in mind my responsi bility as host to see that my associates enjoy themselves to the fullest extent, and being cognizant of the past and pres ent proclivities of members of the Asso ciation, I deemed it advisable to select a site where my responsibilities could be fully met with a clear conscience. And besides, I discussed the matter with Dan O'Mara of Monroe, Sam Foley of the Bronx, and Treasurer Phil Hunting ton of Nassau, and they all thought it was a good idea too." Despite persistent efforts to reach the co-conspirators at numerous pleasure resorts and golf clubs and even at their offices, none of them was available for comment.

Reservation: Send in your reservations now, indicating expected date of arrival and departure. Program: Details will he an nounced in the June issue. Send in your suggestion now. [cf: 18 USC §334-Mailing Ohscene Matter.] Travel: Complete information on motor, rail and air routes will appear in the next issue.

HYNES ALSO EXPLAINS An historical note The new President remarked at the winter meeting that he had often heard of the Constitution and By-laws of the Association. However, he stated, he had never seen these documents nor did he know whether they really existed or what they contained. Accordingly, since the funds of the organization were vir tually depleted, Assistant District At torneys of New York County contrib uted their lunch hours to unravel the Association's history and precedents. These investigators immediately com menced a thorough search for the Con stitution and By-laws. Naturally, the past presidents of the Association were closely questioned as to any possible dealings that they might have had with these documents. As was to be expected, each disclaimed any responsibility for their whereabouts. In fact, each ex· president was quick to shift the blame upon his predecessor and as the search became futile, Gestapo tactics loomed as the only solution. However, 011 the eve of the contemplated high-handed action, (continued on Page 2)

Appendix B Newsletter, May 1947

Summer Conference At Delaware Gap

25th Annual Meeting Splendid Country Club

Facilities Await

Association

Frank S. Hogan, President of the New York State District Attorneys' Asso ciation, today concluded arrangements with the management of magnificent Shawnee Inn, located on the shores of the historic Delaware River, near the famous Delaware Water Gap, in the lap of beautiful Shawnee Valley for the 25th Annual Summer Conference of the Asso ciation to be held June 27, 28 and 29. The Inn, under the aegis of Fred War ing, the well-known band leader, has acquired all the facilities of the exclusive Shawnee Country Club. Here, under the tanning rays of the early summer sun, Association members will idle away the closing days of June. An 18-hole championship golf course, teed off at the door of the Inn-swim ming, canoeing, riding, archery and skeet-and tennis for the energetic fel lows-will all be available. And during the moon·lit hours, enchanting music will mingle gently with the tinkling of ice cubes to form an intoxicating blend. Adequate accommodations for all members of the Association have been reserved. Rates have been fixed at $13.00 per day, including meals. Golfers' green fees will be $3.00.

1/eetJ4

~et(e1t,

law enforcement, the Association was also dedicated in its original constitution Published by the to "bring together the District Attorneys District Attorneys' Association of

of the several counties in the State for the State of New York

personal acquaintance. * * *" Editor: Joseph A. Sarafite, N. Y.

The Constitution went on to provide Editorial Board

that the membership in the Association by

was divided into three classes, the Dis Judicial District

trict Attorneys who were regular mem 2nd: Michael S. McPhillips, Queens

bers, the ex-District Attorneys who were 3rd: John Wisely, Albany

associate members, and the Assistant and 4th: A. H. Pulsifer, Fulton

ex-Assistant District Attorneys who were 5th: Milton A. Wiltsie, Jefferson

called assistant members.

6th: Robert O. Brink, Broome

7th: Thomas Croucher, Ontario

8th: Maurice Frey, Erie

9th: W. Vincent Grady, Dutchess

All contributions should be sent

to the Editor at

155 Leonard St., N. Y. 13, N. Y.

HYNES ALSO EXPLAINS (continued from Page 1) Carl J. Hynes, District Attorney of Jef ferson County and president of the Association in 1944, spurred by the per sistent prodding of Dan O'Mara, the old reliable, found the documents and Association correspondence enmeshed in an old file of love letters and unpaid bills, and to avoid any possible embar rassment to himself and the other presi dents, he quickly shipped all the material to the new president. It was then ascer tained that the Constitution and By-laws were .embodied together in one hoary and dog-eared document. The original charter, called the "Con stitution and By Laws," bears no date. However, the correspondence files of the Association reveal that President Harding in 1922 suggested to the then Governor of New York State, the Hon orable Nathan L. Miller, that the Dis trict Attorneys of each State form an Association to exchange ideas and initi ate a program for more vigorous law enforcement. Governor Miller took prompt action on this suggestion and accordingly, in the same year, the Asso ciation was formed at a meeting in the Senate Chamber in Albany and Joab H. Banton, then the District Attorney of New York County, was elected the first President. It is interesting to note that in addi tion to the purpose of aiding rigorous

The associate and assistant members were entitled to all the rights and privi leges of the Association except that they could not hold any office in the Associa tion or take part in the election of any of the officers. Moreover, they could only become members upon election by the Executive Committee of the Associa tion. This Committee was composed of the President, Vice-President, Secretary and the Treasurer, elected by the mem bers of the Association, and two regular members appointed by the President. The Constitution provided that an an nual meeting of the Association was to take place each year in the City of Al bany "unless at a reguiar meeting of the Association some other place shall be de cided upon." The time of the annual meeting was to be fixed either by the Association or the Executive Committee. Of course, it was envisaged that these annual meetings would not be too dull because the Constitution required that the Executive Committee "provide for such entertainment as they may deem best, and the expense of such entertain ment" was to be paid by the members attending. The only other committee mentioned in the Constitution was the Legislative Committee which consisted of the President and four members of the As sociation appointed by the President. It was the function of this committee to use their best efforts to secure the pas sage of such legislation as the Asso ciation deemed advisable.

It was finally provided that this Con stitution and By-laws could be amended by a majority vote of the members pres ent at any annual meeting.

In 1936, the Constitution and By-laws were revised and some important changes were made. Regular member· ships were extended to the Attorney Gen eral of the State and to the United States Attorneys for the districts within the State. In addition, the ex-Attorneys General and ex-United States Attorneys were eligible for associate memberships, while present and former Assistant United States Attorneys and Deputy At· torneys General were qualified for assietant memberships. A second vice-president was added to the elective officers of the Association and the Executive Committee was revised so as to consist of "nine members, either regular or assistant members to be ap pointed by the President, one such mem ber being appointed from each of the nine judicial districts in the State." The elective officers of the Assciation were included on the committee as ex-officio members. Finally, the annual meeting of the Associ~tion was to be held each year, either in the City of Albany or in the City of New York, "unless at a regular meeting of the association or of the Executive Committee some other place shall be decided upon."

EVEN HUNTINGTON EXPLAINS The new President has pursued are· lentless course to track down the various assets of the Association. For example, it became the subject of rumor and gos sip that the Treasurer of the Association, Phil Huntington, had blandly pocketed several bottles of liquor, surplus from the winter meeting. Since the offense took place at the Hotel Astor in New York County, a Grand Jury investiga tion was contemplated. Just as the in vestigation got under way, several influ ential politicians from Nassau County intervened and brought so much pressure to bear that the proceedings against Huntington were held in abeyance upon his vehement assurances (see Penal Law §1307) that the missing bottles or full and reasonable facsimiles thereof would be produced at the summer conference.

THE WINTER LUNCHEON The annual winter luncheon of the Association was held at the Hotel Astor on January 25, 1947, and was attended by a record-breaking crowd of 149_ The luncheon marked the silver jubilee of the Association and the new President, Frank S_ Hogan, District Attorney of New York County, was the principal speaker_ At the outset of Mr. Hogan's remarks, he emphatically denied that he had made it a rule of his office that all Assistants attend his induction as President of the Association. In fact, he stated the Assist ants were given a free choice of working in the office on that Saturday or coming to· the luncheon. The President went on to state that he was glad that he had finally ascended the President's chair and he recalled how he had been jockeyed out of the position on a prior occasion. He stated that at that time he was content to' have Sam Foley take over the Presidency, since the Associa tion, after years of Republican misman agement, would at least be getting a Democratic President. He recalled fur ther that the Association had actually been weaned by Democrats since Joab Banton, the Democratic District Attorney of New York County in 1922, had been its very first President. On the dais were the new President, District Attorneys Miles McDonald (Kings), Charles Sullivan (Queens), Farrell Kane (Richmond), Daniel O'Mara (Monroe), Walter Reynolds (Chemung), John Doyle (Saratoga), John Marsh (Niagara), Clarence Her lihy (Warren) and Assistant District Attorneys George Tilzer (Bronx) and Philip Huntington (Nassau). Unfortu nately, Judge Leo Hagerty, now a Jus tice of the Supreme Court, could not be present, since he was attending a meeting of the judicial section of the State Bar Association. Sam Foley, as always, proved to be a scintillating toastmaster, although most of his time was spent defending himself against the various charges of misman agement during his tenure of office as President. However, he confined each of the speakers to a two-minute address

of printable and non-libelous matter. Those District Attorneys who understood the English language obeyed his in junction. During the luncheon the members, by rising vote, conferred upon Judge Stan ley H. Fuld, of the Court of Appeals, an honorary life membership in the Association. The party lasted well on into the afternoon. At its conclusion, Mr. Hogan announced that the silver jubilee sum mer meeting of the Association would take place in June of this year and that, as official host, he was preparing a pro gram that would shatter all precedents.

Pedigree Evidence It is axiomatic that Time produces judges and district attorneys. In New York State, Time has been working over time for the past year and a half. The process of evolution and the theory of proximate cause were aptly illustrated in Dutchess County where the death of Supreme Court Justice Mortimer B. Pat terson set in motion a series of office changing earth-quakes. Replacing Judge Patterson was County Court Judge J. Gordon Flannery. In Judge Flannery's robes we now find the familiar and ebul· lient figure of former District Attorney John R. Schwartz. In John's ample shoes, another good man and true, W. Vincent Grady, stands as Dutchess' arch-prose. cutor. Analogously, friend Elbert T. Gal· lagher's well·merited appointment and ultimate election as County Court Judge of Westchester resulted in his District Attorney's berth falling into the able hands of his former assistant, George M. Fanelli. Simultaneously, and right in the next stall, the Putnam prosecutor's office was vacated through John Donahue's similar appointment and election to a County Court judgeship, and was then immediately refilled with Fred Dickin son. And up in Fulton County, where Bill Best relinquished the District At torney's office for a mess of pottage--a mere fourteen·year term in the Supreme Court-his former assistant, Arthur Au· lisi, took. over as Mr. District Attorney

(continued on Page 4)

Ale~bership

lVotes

Credit for the rise in Association mem bership over the years must go largelY to those underlings, the Assistant Dis trict Attorneys, who toil in relative ob scurity. In 1931, when the Association was comprised exclusively of bona fide D. A.'s, its membership was large enough to form exactly two baseball teams, and not very good ones at that. One might think that in 1935, when the Consti tution was amended to admit Assistants to the sacred halls, there would have been a sharp rise in population. How· ever, either because their feelings had been hurt or because they didn't have the two dollars, the Assistants contrib uted only seven men that year. There after, matters took a brighter turn. From 1935 through 1946, the membership grew by leaps and bounds-with a slight and temporary depression after Pearl Harbor-from 7 Assistants to 163; from 30 of the McCoy to 42; from a grand total of 45 to 211, as follows: Assistant District District Year Attorneys Attorneys Others T otai ______________ 30 7 8 45 1935 1936 ____________ 32 28 14 74 1937·38 ______________ NO RECORDS AVAILABLE 1939 ______________ 42 16 1 59 1940 _____________ 46 75 3 124 1941 _____________ 45 135 10 190 1942 _____________ 41 118 4 163 1943 ______________ 47 138 5 190 1944-45 ______________ 49 151 200 1946 ____________ 42 163 6 211

While incomplete returns (meaning tardy remittances of dues) prevent tabu· lation of this year's figures, the 50 per cent increase in the winter luncheon at· tendance indicates both a larger memo bership and an unprecedented turnout at our summer conference. The ultimate goal is 62 D. A.'s (all there are); 220 Assistants (ditto); plus a flock of As· sistant Attorneys General, Assistant U. S. Attorneys and their bosses, all of whom are eligible for membership and will soon find themselves under pressure to that end. PLEASE REMIT 1947 ASSO CIATION DUES. Mail to Philip Huntington, Treasurer, at Nassau County District Attorney's Office, Mineola, N. Y.

PEDIGREE EVIDENCE (continued from Page 3) t h r 0 ugh appointment by Governor gewey. In spite of this cogent evidence that incumbency in the office of District At torney is a condition precedent to the judiciary, we hasten to add that such is not the fact_ Ask the Court of Appeals and former Assistant District Attorney Stanley H. Fuld who, by the way, spoke with his usual eloquence at an Albany Bar Association dinner last February. Ask Martin Frank, Bronx assistant, who, to the satisfaction of legal connoisseurs, leaped into the Municipal Court of the City of New York. And ask former Kings assistant Frederick Kop/J, now on the City Court bench in Kings County. By the same token, the fact that one may become District Attorney without apprenticeship as an assistant under his predecessor has recently been confirmed not only by Fred Dickinson in Putnam but by Lindsay R. Henry in Suffolk, Ar thur Hart in St. Lawrence and by Jim Feeney, who this year succeeded' Floyd Spangle in Oswego. Lest we forget that annoying little skirmish overseas which temporarily usurped our front page publicity, let us note that it failed to dim the prosecution complexes of ex-soldiers Elsmore "Buck" Lawrence, returned from service to take up where he left off as District Attorney of Franklin County, and Wilmot Decker, again riding the range as Assistant Dis trict Attorney in Orange. Since one of the crosses which Dis trict Attorneys who like their jobs must bear is that little matter of reelection, it is safe to say that this Fall will hold more than mild interest for Julian Er way of Albany County, Jim Gage of Schoharie, Sanford Eglott of Lewis, Ar thur Aulisi of Fulton and Jim Gibson of Washington. Among those unconcerned with elections and reelections, however, are three former assistants who up and left the prosecution profession for what they selfishly deemed a fuller life: Bill Rogers (New York County) now coun sel to the Senate War Investigating Com mittee-formerly headed by Senator, now President Truman-and Edward A.

Miller (Dutchess) and Joseph Gagliardi (Westchester), whose lustful material ism has led them into the fleshpots of private practice. Not entirely untar nished in this respect is Judge Tom Kennedy, not only Columbia District

DIST. ATTORNEYS' ASSN. OF THE STATE OF N. Y. I 947 OFFICERS

Pres.-Frank S. Hogan-New York

1st V.P.-John S. Marsh-Niagara

2nd V.P.-J. Clarence Herlihy-Warren

Sec.-George Tilzer-Bronx

Treas.-Philip Huntington-Nassau

EXECUTIVE COMMITTEE

CHAIRMAN-Miles F. McDonald-Kings

1st J.D.-Samuel J. Foley-Bronx

3rd J.D.-Earle J. Wiley-Rensselaer

4th J.D.-John F. Doyle-Saratoga

5th J.D.-Earle C. Bastow-Oneida

6th J.D.-Lynn M. Peterson-Chenango

7th J.D.-Marshall E. Livingston-Wayne

8th J.D.-Wallace J. Stakel-Genesee

9th J.D.-George Fanelli-Westchester

Attorney, but also an office associate of Bill Christiana, one of his predp.cessors in office who previously succumbed to the temptation of lucre. Nor can a clean bill of health be granted to Warren County, where Jay Herlihy, famous re mote control master of ceremonies, is rumored to be in search of a radio sta tion to air his entertaining talents. Far too preoccupied to worry about such trifles, however, was Miles McDon ald, Kings District Attorney, who set a dangerous precedent in Durocher's bor ough by trying a case himself. And what a case was the Mergenthaler-Nickel Cohen-Lobel affair! The indictment, containing 470 counts, is now available in book form at $6.80 a copy, which is quite reasonable when it is considered that the larceny charges totaled $747, 000, even without any false pretense counts. Not realizing his own strength, Miles induced Nickel to plead guilty to 202 counts and then convicted the other defendants of 76 and 56 counts, respectively. The last week of the trial was occupied in announcing the verdict and polling the jury.

LEGISLATIVE NOTE LEGISLATIVE COMMITTEE

CHAIRMAN-Daniel J. O'Mara, Monroe; Arthur G. Adams, Tompkins; Julian Erway, Albany; James Gibson, Washington; Farrell M. Kane, Richmond; Whitman Knapp, New York; Walter B. Reynolds, Chemung; George Tilzer, Bronx. MEMBERSHIP COMMITTEE CHAIRMAN-Frank Del Vecchio, Onondaga; Fred Dickinson, Putnam; David DuVivier, New York; James L. Gage, Schoharie; Arthur B. Hart, St. Lawrence; Lindsay R. Henry, Suffolk; George D. Newton, Liv,ingston; Philip M. Smith, Cortland; Gordon Steele, Erie. COMMITTEE ON REVISION

OF CONSTITUTION

CHAIRMAN-Charles P. Sullivan, Queens; Arthur Aulisi, Fulton; Glenn E. Charles, Wyoming; James N. Gehrig, Nassau; Jacob Grumet, New York; Harry K. Morton, Steu· ben; Homer C. Pelton, Yates; Herbert H. Smith, Tioga. ~

We report with disappointment that a patriotic effort to aid and assist New York law enforcement in its most far reaching aspects died in the Assembly Rules Committee. This was a proposed amendment to section 12 of the County Law which would have empowered the board of supervisors of any county "to raIse by taxation not to exceed the sum of $150 annually toward defraying the actual and necessary expenses of main taining and continuing the District Attorneys' Association of the State of New York and any of its activities * * * and pertaining to all other matters which may tend to improve in this State the administration of criminal justice." This proposal passed the Senate. Next year, with Dan O'Mara's strong backing, another attempt will be made to overcome obstructionists in the As sembly and to pass the amendment in both houses. Our chief regret is that the funds will not be available in time for this year's summer conference.

Lettelt

of the DISTRICT ATIORNEYS' ASSOCIATION OF THE STATE OF NEW YORK Volume 1

June, 1947

Number 2

STAGE SET FOR ATOMIC WEEK-END

Golf Tournament

Program

Record Turnout Due

Three Events

FRIDAY, JUNE 27 12 :30-2 :00 Luncheon. 6:00-7 :00 Association cock tail party in the Lobby Lounge. 7:30 Dinner. 9:00 Cards in Lobby Lounge for those so inclined.

Plans Listed

This year's summer outing will give the golfers in the D. A.'s Association an opportunity to play golf on one of the best and most picturesque courses in the East. In 1939, the Shawnee Country Club was the scene of the Professional Golfers Association tournament, which, it seems to us, indicates that it will pro vide an adequate test for the caliber of golf normally expected of honest D. A.-s. Set in the Delaware Water Gap with majestic wooded hills rising on all sides, this championship 6,471-yard course will make golfing a pleasure-regard less of score. Harry Obitz, the pro, advises that everything is in excellent shape from tee to green, and our obser vation corroborates him. (He also has a complete line of clubs, balls, slacks, shirts and other paraphernalia which he inadvertently mentioned were for sale.) The turf is so good you'll want to take home your divots! Now for our tournament plans. Fore most will be the Blind Bogey or Kicker's Handicap, whichever you prefer to call it. After all scores are in, a number between 70 and 80 will be drawn, and the one lucky enough to hit it-or near est to it-will be rewarded with some thing or other as proof of his prowess. All you need do to win is pick a handi cap-BEFORE you start-which you think will land you within that 10 stroke hallowed circle, and, of course, on the lucky number.

(Continued on Page 2)

SATURDAY, JUNE 28 8:00-9:30 Breakfast. 10:30 Soft-ball game (New York County vs. the rest of the State). [Alternate program in case of rain: Ping-pong tournament, Shufflehoard tournament, Billiards, pool.] 12 :30-2 :00 Luncheon. 1:20 G 0 I f tournament Blind Bogey, Low Gross and Grand Jury Associa tion Trophy Competition -18 holes to a decision. 2 :30 Other outdoor events: Potato race; Sack race; Three-legged race; Baseball throwing accuracy test; Dodge hall; Horse shoes. [Alternate program in case of rain: Bridge tournament in Lob hy Lounge and other card games.] 5:30-6:30 Putting contest on practice green. 6:30-8:30 Association Din nero 8:30 Entertainment and prize awards in Lobby Lounge.

More than one hundred members of our Association have made reservations for the Summer Conference at Shawnee Inn, Pennsylvania. Many are arriving Thursday evening. Our President, Frank Hogan, has arranged an inter esting program, the many details of which are being supervised by an Ar rangements Committee, headed up by Joe Sarafite. Joe, in the best buck-pass ing tradition, has activated a number of sub-committees and secured "volun teers" to bear the responsibilities as signed to these sub-committees. Joe has little to report personally save that luncheons will be served out doors if the management deems the weather suitable, that the dining room invariably closes at the appointed time, and that golfers must .complete their luncheon sufficiently early to make the starting tee by 1 :20 p. m. For thirsty gentlemen, there is the magnificent Totem Pole Bar, on the main floor. Joe gently reminds us, however, that the Grill Room, located on the ground floor, is open ONLY to Country Club members. Finally, detailed announce ments of events will be made at meal times.

SUNDAY, JUNE 29 8:00·9:30 Breakfast.

Appendix C Newsletter, June 1947

Charlie Manning, chairman of the golf committee, has planned a splendid tournament which is described in an article appearing elsewhere in this issue.

(Continued on Page 2)

~(J, ~ettQt, Published by the District Attorneys' Association of

the State of New York

Editor: Joseph A. Sarafite, N. Y.

Editorial Board

Judicial District

2nd: Michael S. McPhillips, Queens

3rd: John Wisely, Albany

4th: A. H. Pulsifer, Fulton

5th: Milton A. Wiltsie, Jefferson

6th: Robert O. Brink, Broome

7th: Thomas Croucher, Ontario

8th: Maurice Frey, Erie

9th: W. Vincent Grady, Dutchess

All contributions should be sent

to the Editor at

155 Leonard St., N. Y. 13, N. Y.

PLANS LISTED (Continued from Page I) Dick Denzer, shepherding those not playing golf, plans a number of ex citing outdoor events which should keep not only the audience but also the participants in stitches during, and in arnica, after the contests. And inci dentally, Hogan's Hurlers have issued a brash DEFI to the rest of the State. Our guess is that the cudgels will be taken up eagerly. The resulting soft ball game will certainly make up in fire and frenzy whatever it may lack in skill and youth. Charlie Woolsey, our expert, will or ganize a bridge tournament for the armchair athletes. Sam Cantor will look after riding, swimming, canoeing and fishing, which is just another way of saying that if you object t~ regimentation of pro gram, you can go your merry way, and Sam will be there to tell you how to go about it. Jack Grumet is handling the enter tainment. No more need be said. Your cooperation is seriously re quested: When you arrive at the hm, look around-quickly~and then com municate with those chairmen who are handling the events or activities that interest you, and let them know, so that they may assist you in achieving the fullest pleasure during your stay at the Inn.

GOLF TOURNAMENT (Continued from Page 1) There will also be the usual low gross competition to determine who is the best "card-and-pencil" golfer. As an added attraction, we are going to have a putting contest on the 18-hole practice green. You don't have to be a regular golfer to attempt this. The schedule for golf events ap pears elsewhere under "Program." The above does not limit your golf. Early arrivals can warm up Thursday and Friday afternoon. Early Saturday a.m. birds will probably want to play a practice round before the tournament. Some will want one last crack at the course before leaving on Sunday. And a lot of you will wish you could stay longer. Greens fees are $3.00. Caddy fees are $2.00 per 18 holes. According to the pro, golf sets can be rented for $1.50 in case you don't bring your own. So, even though you've never played golf before, rent a set, take a handicap of 100 (or more) and flail away! You could win. In order to make our information complete, we reprint below the yardage and par for the course:

Hole Yards 1 367 500 2 3 425 4 359 5 108 448 6 7 559 8 400 9 321

Par 4 5 4 4 3 4 5 4 4

Hole 10 11 12 13 14 15 16 17 18

OUT 3,487

Yards Par 472 5 4 344 164 3 353 4 449 4 4 360 135 3 486 5 221 3 2,984

On arrival your golf clubs will be taken to the golf shop on ground level near the first tee. The locker room is on the same floor. After giving you all this vital dope, we are asking only one question in re turn. This is really necessary so that foursomes can be arranged and started on schedule in order to avoid conges tion on the course and also, so far as

possible, to cause the least inconvenience to regular members of the Shawnee Club who also like to play golf on weekends. What is your average score on your local course? Be as honest as you can. These admissions will not be used against you. Unless you have planned particularly to play with Joe Doakes, we want to arrange foursomes of players of approximately the same degree of skill. Please communicate with Charlie Manning as soon as you can after you arrive.

Conference Prizes Yes, there are going to be prizes. For the golfers, the Grand Jury Association of the County of N. Y. has donated an elegant trophy, a statuette of a golfer. There are also numerous gifts to be awarded for other sporting events and as door prizes. These have been extorted by Prize Czar Manny Robbins from de partment stores affiliated with The Stores Mutual Protective Association. Mike Glynn, formerly Chief Investigator for Hogan, is now Vice-President of this group. Among these items are a cowhide traveling bag, imported Kent brushes, decanters, an electric clock, packages of whiskey and champagne, a leather port folio, a cocktail shaker, and a leather wallet. Of course, prizes may be inter changed. For example, the h air brushes might be of only ornamental value to John Wisely (Albany), Maurice Frey (Erie) or Curly Katzen {formerly N.Y.}, and could be traded for the de luxe, economy size bottle of Greaso generously donated by the Herbal Hair Restorer Co. Similarly, Phil Hunting ton, undoubtedly planning to obtain quantities of liquor in one way or an other, and needing only containers for the getaway, would gladly exchange one whiskey prize for the traveling bag. N. Y. County members, whose ath letic proficiency unquestionably will monopolize skill events, are ineligible for door prizes or other awards de pending on pure chance.

Friends of the Court

of Appeals

The Court of Appeals has acquired five new friends in Dan O'Mara, District Attorney of Monroe County, Bill Bow ers of Onondaga, Walter Reynolds of Chemung, Earl Bastow of Oneida and Gordon Steele of Erie. It all started when one Louis Wallens was convicted in a Niagara County Court of Special Sessions-a justice of the peace plus a six·man jury--of the crime of operating a slaughterhouse without a license. In an appeal which carried him straight to Albany, the remiss Mr. Wal· lens vigorously contended that, license or no license, he had been deprived of a substantial right when the justice failed to charge the jury on the law, and that his rights on that score were not affected by his failure to mention them at the trial. Faced with the necessity of making a decision involving widespread and possibly dangerous consequences throughout that stretch of wilderness ly. ing north of the Bronx, the Court of Appeals sent out distress signals. In short, after hearing oral argument be· tween defense counsel and John S. Marsh of Niagara County, the Court ordered a reargument of the appeal and then called upon the District Attorneys' Association and the Attorney General for briefs amicus curiae. Scouring the Association membership for eminent legal talent, President Hogan came up with the aforemen· tioned committee of five, with the reo nowned Dan O'Mara as chairman, and this quintet quickly put its collective head together in order to determine which side of the fence it should be on and to write a brief in support of its position. Overcome by the unique privi lege of being able to choose their own stand in the matter, the prosecutors de· cided (Bowers, D.A., dissenting) to see what it was like to back a defendant. The result was a most scholarly and well· reasoned brief urging not only that a justice of the peace is required to charge the jury hut that this require· ment cannot be waived by the defend·

ant's failure to request such a charge at the trial. .Thus the case now stands pending decision, with perhaps the strangest bat tle personnel ever assembled: four Dis· trict Attorneys and the defendant on one side, and, on the other, one District At torney and the Attorney General who, in his amicus capacity, rallied to the prose· cution cause. The fair·mindedness of our commit tee is accentuated by the fact that the decision for which it clamors can result only in headaches for its individual members as well as for other State prose cutors, which headaches can ultimately be cured only by legislation. Neverthe less, everyone of the numerous non committee members of the Association who has commented upon the brief has wholeheartedly supported the position taken. The brief, with its persuasive statutory analysis and its able considera tion of principles of common sense, is a credit to its authors and to the Asso ciation as a whole.

PEDIGREE EVIDENCE Erratum: Our May issue contained this learned and informative statement: "The process of evolution and the the ory of proximate cause were aptly il lustrated in Dutchess County where the death of Supreme Court Justice Mortimer B. Patterson set in motion a series of office-changing earth-quakes." In view of the fact that Judge Patterson is very much alive, it seems rather that the theory "aptly illustrated" is either reincarnation or the odoriferous condi tion of our news service. It was with full realization of the atrocity of our mistake that we quaking ly carried our apology to Judge Pat· terson in person. Expecting a justifi. able and perhaps heated reprimand, we were most relieved to find the Judge not only hale and hearty but a man of understanding and humor. His only expressed concern was that some of his friends whom he had not seen of late might be unaware of the error. So far as the voice of this young publication can reaeh, therefore, we shout to all (Continued on Page 4)

"ripping Banned, hut-

Experience derived from former con· ferences has established the tipping system to be wholly unsatisfactory as applied to District Attorneys. First, there is the garish, ostentatious type of D.A. who openly lavishes sizeable bills on bellhops and waiters in a vulgar display of affiuence. On the other hand, waitresses who have gathered up the table tips at the conclusion of our din ners have complained that the collec tions consist largely of slugs, Mexican nickels and trolley tokens redeemable at transportation company offices in Rochester and Albany. With these abuses in mind, President Hogan and the Shawnee management have outlawed tipping at the summer meeting and have substituted a flat service charge based upon a percentage of each guest's total bill. In the inter ests of fairness, the percentage will vary in proportion to length of tenure at the bar. You can readily determine your particular charge by reference to the following sliding scale which, it may be observed, averages roughly fif teen percent:

Length of Time admitted to the bar Service charge More than 75 years ________________________ 15% " 60" ________________________ 1570

" " " " "

40 " ----- -- ----------------25 " -----------------------15 " -----------------------10 " -----------------------5 " ---------------------_ .. 3 weeks -------------------" Less than 3 weeks ------------------------

15% 15% 15% 15% 15% 15% 12%

Members who find that they do not fall within any of these categories should communicate with the Governor of either New York or Pennsylvania some time before 11 :30 A.M., June 27, 1947. PLEASE REMIT 1947 ASSO· CIATION DUES. Mail to Philip Huntington, Treasurer, at Nassau County Distriet Anorney's OlIil'p, Mineola, N. Y.

PEDIGREE EVIDENCE (continued from Page 3) and sundry that Judge Patterson IS III good health and, from all appearances, will remain so for many years to come. In point of fact, as we learn from Edward A. Miller, former Assistant D. A. of Dutchess, Judge Patterson re tired from the Supreme Court bench and is now an Official Referee. The incident which initiated the office changes leading to District Attorney John Schwartz' appointment to the County Court bench was the death, on January 22, 1947, of Hon. Raymond E. Aldrich, a Justice of the Appellate Division, Second Department, and Dis trict Attorney of Dutchess County from 1915 to 1922. At the risk of incurring libel suits from officials less tolerant than Judge Patterson, we pass on a few further items recei~ed since the last issue from ostensibly reliable sources:

Sixth District Fred Loomis of Leonardsville is now District Attorney of Otsego County, having replaced Livingston Latham fol lowing the latter's election as Otsego Surrogate. Arthur G. Adams is resigning this summer as District Attorney of Tomp kins County, thus concluding a reign of more than twenty years and engender ing aspirations in many hopefuls to be his successor. On January 1, 1947, Lynn N. Peter son commenced his second term as Chenango D. A. Cortland County will get a good break if there is truth to the report that Philip M. Smith plans to seek re election as District Attorney this year.

Eighth District The change of District Attorneys in Erie County is due to former D. A. Leo Hagerty's ascendancy to the Su preme Court bench. Following him into the judicial halls is his assistant, Maurice Frey, who was appointed his Confidential Secretary. Replacing Judge

Hagerty

as Dis

trict Attorney is Gordon Steele, and Maurice Frey's replacement on the staff is Leonard Finkelstein, reputedly a man of unusual wit whose appellate pen is as glib as his tongue.

Ninth District Among the World War II veterans who have taken up the profession of Assistant D.A. are George Burchell of Westchester and Clare J. Hoyt of Orange. Another addition to the Assistants' club is Raymond C. Baratta, now plug ging the hole in the Dutchess shiff cre ated by Edward A. Miller's defection to private practice.

TRAVEL NOTES Motor Routes From New York City area: George Washington Bridge: west on route 6 ; cross Delaware River and continue on route 6 (also numbered 46 and 611) to route 402; right on route 402 to Mini sink Hills; follow signs two miles to

Shawnee Inn.

From Western New York: Follow ap

propriate routes to Scranton, Pa; then

south on route 6U to route 402; left on

route 402 to Minisink Hills; follow signs

two miles to Shawnee Inn.

From Northern New York: Followap

propriate routes to Albany, N. Y.; then

south on route 9W to Kingston; follow

south on route 209 through Port Jervis

and Coolbaugh; about 1 mile beyond

Coolbaugh turn left on secondary road

and follow signs to Shawnee Inn.

Rail Routes The Delaware, Lackawanna and West ern Railroad Station at Stroudsburg, Pa., is near Shawnee Inn. Branches of the railroad run west through Binghampton to Buffalo, Ithaca, Oswego, Cincinnatus, Utica and Rich field Springs; and east to Hoboken, N. Y. and New York City. If you expect to arrive by train, please notify Shawnee Inn, stating indicated time of arrival, and that you desire transportation from the station to the Inn.

DIST. ATTORNEYS' ASSN. OF THE STATE OF N. Y. 1947 OFFICERS

Pres.-Frank S. Hogan-New York

1st V.P.-John S. Marsh-Niagara

2nd V.P.-J. Clarence Herlihy-Warren

Sec.-George Tilzer-Bronx

Treas;-Philip Huntington-Nassau

EXECUTIVE COMMITTEE

CHAIRMAN-Miles F. McDonald-Kings

1st J.D ....:.Samuel J. Foley-Bronx

3rd J.D.-Earle J. Wiley-Rensselaer

4th J.D.-John F. Doyle-Saratoga

5th J.D.-Earle C. Bastow-Oneida

6th J.D.-Lynn M. Peterson-Chenango

7th J.D.-Marshall E. Livingston-Wayne

8th J.D.-Wallace J. Stakel-Genesee

9th J.D.-George Fanelli-Westchester

LEGISLATIVE COMMITTEE

CHAIRMAN-Daniel J. O'Mara, Monroe; Arthur G. Adams, Tompkins; Julian Erway, Albany; James Gibson, Washington; Farrell M. Kane, Richmond; Whitman Knapp, New York; Walter B. Reynolds, Cbemung; George Tilzer, Bronx. MEMBERSHIP COMMITTEE C~IAIR,\tAN-Frank Del Vecchio, Onondaga; Fred Dickinson, Putnam; David DuVivier, New York; James 1. Gage, Schoharie; Arthur B. Hart, St. Lawrence; Lindsay R. Henry, Suffolk; George D. Newton, Livingston; Philip M. Smith, Cortland; Gordon Steele, Erie.

COMMITTEE ON REVISION

OF CONSTITUTION

CHAIRMAN-Gharles P. Sullivan, Queens; Arthur Aulisi, Fulton; Glenn E. Charles, Wyoming; James N. Gehrig, Nassau; Jacob Grumet, New York; Harry K. Morton, Steu· ben; Homer C. Pelton, Yales; Herbert H. Smith, Tioga. ...... 65

The Association and its Presi· dent are deeply grateful to Comac Press, Inc. and Comet Press, Inc. for their courtesy and generous cooperation in the publication of The News Letter.

of the

DISTRICT ATTORNEYS' ASSOCIATION OF THE STATE OF NEW YORK Volume 2

Jun~'i 1948

LAKE GEORGE GOLF TOURNAMENT No Greens Fees As in 1947, D. A. Divot-Diggers will have the opportunity to play another of the finest courses in this section of the United States. Designated by the N. Y. Times as "one of the ten best" in the country, the Sagamore 6,482-,yard cham pionship course is one of the 500 odd built and designed by the late Donald Ross, famed golf course architect. Our perennial Reliable Informant ad vises us that the course is about a mile from the hotel, atop a rolling plateau some hundreds of feet above Lake George. In addition to the pleasure of playing golf, one is also treated to an unsurpassed view of the lake and the wooded hills which surround it. Indeed, says our R. I., "If you take your eye off the ball, miss it and follow through, you inadvertently get a pano·ramic picture of breath-taking beauty." Of course, though, that whiff counts. Also, as in '47, pla,yers will be compet ing for prizes in three tournaments in one -a Kickers' Handicap, the. Low Gross competition and the contest for a leg on the Grand Jury Association (N.Y.) Tro phy, which made its debut last year. Ed Robinson (Nassau), the golfer's friend and Tournament chairman, has announced that in the trophy event the handicap sys tem used last year will be followed, pro vided, however, that the maximum handi cap may not exceed 50 strokes. Ed plans to allow golfers to play their tournament round on either Friday or Sat urday afternoon for the tournament com petition. However, onl,y one .bite of the cherry is permissible, and if a contestant wishes to play his tournament round on Friday afternoon, he must so advise Ed in advance and must post his score upon com pletion of the round. That will be his offi cial score in the tournament competition in all events, even though he breaks the course record on Saturday. (Continued on Page Two)

•

Number 4

•

JUNE 25 27

HERLIHY TO BE HOST

PROGRAM

Events Scheduled

Friday, June 25 12:30-2:00-Luncheon. 1:30 -Golf. 4:00 -Boat Ride [11/2 hours). 6:00-7:00-Cocktail Party. 8:30 -Motion pictures-Out door theatre.

Saturday, June 26 8:00-9:30-BreaHast. -Soft-ball game (New 10:30 York County vs. the rest of the State). 12:30-2:00-Luncheon. 1:30 -Golf Tournament Kickers' Handicap, Low Gross and Grand Jury Association T r 0 p h y Competition-18 floles to a decision). 2:30 -Other outdoor events: Potato race; Sack race; Three-legged r ace; Baseball throwing ac curacy test; Dodge ball; Horse shoes. -Meeting of Executive 5:30 Com'mittee.

6:30-7:3O-Cocktail party.

7 :30 -Association Ban que t and Dinner; Awarding of prizes, etc. 9:00 -Entertainment.

Sunday, June 27 8:00-9:30-Breakfast. P.S.-In the event of rain, alternate programs have been prepared.

President J. Clarence Herlihy (Warren) has completed plans for the twenty-sixth annual Summer Conference of the Asso ciation to be held at one of the top hostel ries in the north country. One glance at the Sagamore Hotel and environs on Lake George will convince the most skeptical that this meeting will be a truly successful one. As Clarence (Jay to you) confided to one of our reporters: "This meeting will be among the best of all time." Sagamore is a beautiful, spacious re sort providing facilities for almost every type of activity - golf, tennis, swimming, boating, fishing, movies and what have you. If none of these appeals to you, there are cocktail lounges, bars and other nooks and crannies where serious problems of the day may be discussed. To quote Jay again: "I have the assur ance of the Hotel and everyone else con cerned that they are going to go all out to see that the boys have a good time in Warren County." This year's program includes almost everything we did at Shawnee and more. Here are the names of your guides. Carlton King (Saratoga) is general chair man of the Program Committee. He tells us that the golfers will be chaperoned this year by Edward Robinson, Jr. (Nassau). The golf tournament is described more fully in another column. On Saturday morning, under the promotional auspices of Julie Helfand (Kings), the New York County soft.ball team, undefeated cham pions of 1947, will take the field against a vengeance-seeking all-star outfit from the rest of the State. In the afternoon, as a breather, Charlie McDonough (N.Y.) will get the field events under way. If you favor fishing, you can arrange for that too, merely by seeing Frank Del Vecchio (Onondaga). Because of the excellent trout at Lake George this month, two (Continued on. Page Two)

Appendix D Newsletter, June 1948

flV..ews Letter

Lake George Outing

Published by the District Attorneys' Association of the State of New York Editor: Joseph A. Sarafite, New York Editorial Board by Judicial Di.strict 1st: Richard G. Denzer, New York 2nd: William Foley, Kings 3rd: John Wiseley, Albany 4th A. H. Pulsifer, Fulton 5th: Milton A. Wiltse, Jefferson 6th: Samuel W. Bernstein, Broome 7th: Theodore M. Coburn, Cayuga 8th: Leonard Finkelstein, Erie 9th: W. Vincent Grady, Dutchess 10th: Thomas P. Cullen. Queens

(Continued from Page One)

WINTER LUNCHEON

LIQUID SUCCESS

prizes will be awarded, one for the larg est, and another for. the most fish caught.

Oratory Flows

CONSTITUTION

AMENDED

Digest of Articles

The principal business of the Annual Meeting held on January 24, 1948, at the Bar Association Building was the amend ment of the Constitution and By-Laws. During 1947, our former President did a strange thing. He actually located and read the Constitution. He discovered that the Association's basic charter and some of its practices differed. As a result, he appointed a Committee on Revision of the Constitution. Its report was given a very thorough going over and polished up under the chairmanship of Miles McDonald (Kings) at a meeting of the Executive Com mittee on Friday, January 23. When the report was adopted next morning, Miles said "The child is now legitimate." The main provisions of the amended constitution are: (1) Membership There are four classes: Regular, Associate, Assistant, and Assistant Associate. Regular and Associate apply to present and former District At torn~ys, Attorneys General, and United States Attorneys. Assistant and Assistant Associate apply to their present and former legal assistants. (2) Dues, payable annually - Regular and Associate - ~10; Assistant and Assist ant Associate - ~3. (3) Officers - President, 1st and 2nd Vice-Presidents, Secretary, Treasurer. (4) Terms of office - President and Vice-Presidents - one year. Secretary and Treasurer - two years, elected in alternate years. (5) Committees - Executive and Leg islative: One member from each Judicial District. Legislative Committee acts in the name of the Association. (6) Meetings - Annually, in January, in New York or Albany as decided by Executive Committee.

For the winners in various events, an imposing group of prizes has been accu mulated by Carl King. And to top off the week-end, Frank Cummiskey (Rensselaer) has arranged entertainment for Saturday night worthy of Radio Cit,y Music Hall. In addition to all this, the Pro gram Committee has come up with some new features. Not the least of these is a boat ride around the lake on Friday after noon. Friday night, the cinema lovers will be treated to an outdoor show. The Com mittee has also gone last year's one better in the matter of cocktail par~ies, if you go in for that sort of thing. There's a party not only on Friday evening, but on Satur day also. Finally, we give ,you the names of the other members of the Program Committee who will also act as your hosts: Walter Reynolds (Chemung), George Fanelli (Westchester), George Newton (living ston) and Leonard Finkelstein (Erie).

MEMBERSHIP SOARS Frank Del Vecchio's Membership Com mittee (Dickinson, DuVivier, Gage, Gard ner, Hart, Henry, Newton and Steele) has do,ne a phenomenal jab! As we go to press we have 415 members and applica tions are still pouring in. This is an in crease of 166 since our January meeting. All of the District Attorneys from the 62 counties are represented. In addition, there are 67 members from the offices of the United States Attorneys and the State Attorney General. Elsewhere in this issue we print a roster of members. If your name is missing, misplaced or misspelled, forgive us for we are lost in this spring flood!

GoU Tournament (Continued from Page One) The Sagamore has waived greens fees to members of the Association for the duration of the meeting. The Committee herewith expresses its thanks for the gen erosity of the management.

Pedigree Evidence Due to the limitations of space our column of pers'onal items will have to await our next issue

The annual Association Luncheon held at the Hotel Astor on Saturday, January 23, 1948 was undoubtedly the best attended in many years. With 39 counties represented, there were at least 200 paid admissions and, according to Treasurer Phil Huntington, many more were present on the cuff. The luncheon was, of course, permeated with that somber dignity so characteristic of our customary non-alcoholic affairs. The ~peeches were all of the instructive and educational type. The endless waves of Rabelaisian humor which swept over the dining room as each speaker sought to out do his predecessor would have done credit to the best burlesque houses in Rochester. (There aren't any in New York Ci~ only "Girlie Shows" now). Indeed, the jokes were of such an earthy quality that no explanations were required and all present were able to appreciate them. The presiding official, naturally, was our "retiring" President, Frank Hogan, un kindly referred to by Dan O'Mara as "One Round" Hogan. The speakers in order of appearance were' Judge John Schwartz of Dutchess County; Edward Neary, formerly Nassau D. A. and retiring State Director of Vet erans' Affairs, who announced his return to private practice; George Tilzer (Bronx), Secretary of the Association; Irving Say pol, Chief Assistant United States Attor ney for the Southern District; Phil Hunt ington (Nassau), presently under a cloud, who, in the absence of his lawyer, refused to make any statement concerning the charge of absconding with 'our deficit; Bob Brink (Broome), newly elected 2nd Vice President; Miles McDonald (Kings), new ly elected 1st Vice-President; Dan O'Mara (Monroe), and Walter Reynolds (Che mung) , two pillars of the Association; Clarence Herlihy (Warren), newly elected President; and, last but not least, genial Sam Foley of the Bronx, the elder jokes man of our Association, who can alwa,ys be counted on to round off the speeches. The musical entertainment was provided

by the Police Glee Club, led by Sergeant Edward T. Dillon, which rendered such numbers as "Alexander's Ragtime Band," the "Whiffenpoof Song," "It's a Great Day for the Irish," and "She's Too Fat for Me" with gusto, vigor and tuneful effect. As Frank Hogan remarked, if all D.A.'s had such singers they could never lose a case.

THE DISTRICT ATTORNEYS' ASSOCIATION OF THE STATE OF NEW YORK OFFICERS President - J. Clarence Herlihy (Warren) Ist Vice President-Miles F. McDonald (Kings) 2nd Vice President-Robert O. Brink (Broome) Secretary-George Tilzer (Bronx) Treasurer-Philip Huntington (Nassau) HONORARY MEMBER Stanley H. Fuld (N. Y.), Associate Judge, Court of Appeals MEMBERS ALBANY Erway, Julian Dobris. Michael M. Dugan, Jr., Daniel J. Koreman, Harold E. Wisely, John

CORTLAND Gardner, John Smith, Philip M.

ALLEGHANY Mapes, E. A.

DUTCHESS Grady, W. Vincent Baratta, Raymond C. Gellert, Ely L. Miller, Edward A. Russell. Edward A. Schwartz, John R.

BRONX Foley, Samuel J. Altschuler. Milton Blatt, David S. llottiglieri, Neal P. Brady, Richard V. Breslin, Edward F. Carney, James A. Crane. Jules N. Delagi, Nicholas F. Farrell, Edmund C. Fliederblum. Herman J. Getzoff, David Goldsmith, Irvin Hughes. Thomas J. Kraus, Martin Lechtman, Marvin Lee, John B. McCarthy. Andrew C. O'Brien, Francis X. O'Donnell, Harry E. O路Gorman. Edward M. Peltin. Lawrence J. Pennetto, Mollie E. Ryan. Sylvester Smith, William F. Spector, Morris E. Star-ton, Walter X. T;ger. Joseph TilL.Cr, George T'nmdlco, Vincent N. 'VJltemade. Wilfred A. Zahn, George A. BROOME Brink, Robert O. Bernstein. Samuel W. V~vra, Frederick J. CATTARAUGUS Nevins, Joseph A. CAYUGA Coburn, Theodore M. CHATAUQUA O'Connor, Edwin G. CHEMUNG Reynolds, Walter B. Cramer, Ralph CHENANGO Peterson, Lynn M. CLINTON Haley, Sherlock E. COLUMBIA Kennedy, Thomas P.

DELAW!\RE Speenburgh, Gleason B.

ERIE Steele, Gordon Pall. Carman Burrell, Robert A. Dwyer, John Finkelstein, Leonard Frey. Maurice Kane, John Lesher, Robert Met7. George Pa,mi, Alfred Ryan, John Simson, Ralph Taggart. Madge ESSEX Manning, Daniel FRANKLIN Lawrence, E. N. FULTON Aulisi. Arthur Pulsifer, A. H. GENESEE Stakel, Wallace J. GREENE Moon, Roy C. Platner, Harold B. HAMILTON Galusha, Edwin HERKIMER Shall, Frank H. JEFFERSON Wiltse, Milton A. KINGS McDonald, Miles F. Abrams, Benjamin Andreozzi, Louis G. Ba rsha y .. Hyman Beldock, George J. Brodsky, Abraham H. Cahill. Charles A. Chassen, J . Wolfe Cohen, Charles N. Cone, John E. Cowen, William T. Davey, Henry J. F. DeMeo. Albert V.

Diamond, David DiLalla, Frank Ernst. Louis Foley, William Freund. L. Donald Gitlin, Samuel Y. Glowa, Ludwig G. Greco, Anthony G. Helfand. Julius Hoey, Joseph P. Joseph, Lewis Kern. Michael Klein, Solomon A. Kleinman, William W. Levine, Arthur W. Levine, Edward Loughran, Frederick Lustig. Maxwell McCabe, J. Kenneth Mayo, Charles Maze. Harry Moorhead, R. S. Nias, Maurice Nussbaum, Aaron Perlman, William S. Quinn, Florence A. Reinlieb. Julius Rosenberg, Mitchell Selzer, Thomas D. Siegel. William Silver, Aaron B. Z. Silver, Edward S. Slutzky, Leo Stark, Samuel R. Weinberg, Jacob Weslan. Anthony J. Wolfe, I. Erlich LEWIS Egloff, Sanford N. LIVINGSTON Newton, George D. MADISON Zeller. Howard A. MONROE O'Mara, Daniel J. Henry, Clarence J. Hill, Alan M. Little, John C. Miceli, Anthony Rosenthal. Harry L. Varian, Nicholas P. MONTGOMERY Tracy, Charles S. NASSAU Gehrig, James N. Gulotta. Frank A. Holman, David Huntington, Philip Meyer, Henry H. Neary, Edward J. Rigby, Moxey A. Robinson. Edward, Jr. Spitzer, Harold Y

Stern. Henry Root. Jr. Strohson, Harold F. NEW YORK Hogan. Frank S. Alderman, Bernard L. Allen, Samuel W. Atlas, Nicholas Bauman, Arnold Benenson. Aaron Birns, Harold Bloustein, Oscar Camp. Salvatore J. Cantor, Samuel C. Clark, Francis X. Cchen, Oscar J. Coieman, Burr Cotton, Jack M. Cuniffe, Zita Czcchlewski. Joseph F. Daly, James L. Denzer, Richard G. Dermody. Vincent Dunleavy, Edward T. DuVivier, David Early, S. Allen Elliot, Alan J. Emmet, Winthrop S. Ferrara, Vincent Fitzpatrick. James J. Fuld, Stanley H. Gelb. Sol Goldman. Morris Grebow, Karl Grumet, Jacob Gurfein, Murray I. Herman, Alexander Hoppen, William Hoyt, Edwin C .. Jr. Impellizzeri, Julius S. Joseph. Edward S. Kabot. Byron Kaplan, Nathaniel Katzen, Bernard Keating, William J. Kidder, Jerome Kleinberg, Chester E. Knapp. Whitman Lappano, Ernest Leffler. Francis C. Leibell, Vincent L., Jr. Leiman, Eugene A. Lichtenstein, Perry M. Liebler, Anthony J. Loehr, John F. Loguen, William H. Lippman. Herbert K. Ludwig, Frederick J. McAvinue, John A., Jr. McDonough. Charles J. McE1ligott, Robert A. McGowan, Harold X. McHugh, Charles H. McNeill, John F. MacDonnell, John L. Manning. Charles W. Marchetti, Augustus A. Mayer. Harold Melia, Aloysius J. Mendelson. Irving

Mitler, Ernest Monaghan, George P. Moore, John D. J., Jr. Mullen, Frank Murphy. Edward H. Murtagh, Francis X. Nathan, Edgar, III Newcomb, WylIys S. Newman. Leonard O'Connor, Vincent A. G. Pagnucco, Louis A. Perry, Edward T. Pino, Salvatore M., Jr. Poretz. Abraham M. Reilly. Paul Reynolds, Robert R. Robbins. Manuel Lee Rogers, William P. Rubino. Carl J. Sarafan, Bertram D. Sarafite, Joseph A. Scotti, Alfred J. Seidler, Andrew J. Shapiro, Harold R. Singer. Sylvia Jaffin Sirignano, Wi1liam P. Slonim. Irving Steinberg, Harris Stone. Joseph Tedeschi-Sant' Agata. L. Walsh, Isabel B. Whitney, Henry N. Woolsey, Charles S. Worgan, David S. Yeargin. James M. NIAGARA Miller, William Leone. A. Russel Mansour, Salem G. Marsh. John S. ONEIDA Bastow, Earle C. ONONDAGA Bowers, William H. Cantor, Jesse Del Vecchio, Frank Harrington. Russell Hofmann, Erna Kelly. Dan Serling, Jacob Wilson. Arthur ONTARIO Croucher, Thomas ORANGE Johnson, Stanley B. Decker, Wilmot Hoyt, Clare J. ORLEANS Suve, J. Kenneth OSWEGO Feeney, James C. Stacy, Don H. (Com. on page four)

COURT MAY USE DA. AS CALENDAR AGENT Our 1st Vice-President is having his troubles. No s:>oner did Miles succeed in firmly establishing the rule that a court cannot accept a lesser plea unless recom mended by the D. A. [Mauer of McDon ald v. Sobel (1947) 27.2 App. Div. 455; aff'd 297 N.Y. 679] that!. his judges de cided to take over control of the calendar. This ran counter to a local practice of half a century. All metrop:>litan D.A.'s make up their own calendars.

(N.Y.) Chairman of a Special Committe~ on Calendar Control [Bowers (Onondaga), DQyle (Saratoga), Fanelli· (Westchester), Fliederblum (Bronx), Huntington (Nas sau), O'Mara. (Monroe), Reynolds (Che mung), Steele (Erie), Sullivan (Queens) and Wiley (Rensselaer) ]

The issue came before Supreme Court Justice L. Barron Hill on a writ of pro hibition. He upheld the power of the Kings County Judges to operate the calendar and went even further, saying (N.Y.L.J., 2/ 18/48, p. 626):

The Committee submitted on behalf of the Association a brief amicus curiae. On May 24, 1948, the order below was affirm ed, but the Appellate Division held that the County Court could "utili~e" the Dis trict Attorney as its instrument to regulate calendar practice. The core of the opinion reads (N.Y.L.J., 6/3/48, p. 2067, CARS WELL, J.):

"Not only do the judges have the right to make rule. for the assignment of cases but they have no right to delegate that power to the district attorney."

The D. A. went 1;0 the Appellate Divi sion. Our President appointed Whit Knapp

"The district attorney urges with much detail, as does the amicus curiae. that sustaining the validity of the rule will result in chaos, administrative inefficiency and de moralization in the enforcement of the crim inal law in view of the volume of cases in certain counties. They cite the experience of the Court of General Sessions of the County of New York in connection with a corre sponding shift in the manner of control of its calendar between the years 1910 and 1922.

We may not consider the wisdom or un wisdom of the rule adopted by the County

:Court. If it is likely to. be productive of the conditions that caused the Court of General Sessions, by its own rule, to revert to its former system of having a separate calendar in each part to which the district attorney moves causes for trial, the Legislature may regulate that phase of calendar practice and restore the method prevailing prior to the adoption of the rule here attacked. under its constitutional power in respect of the County Court (Constitution, Art. VI, sec. 11). It is clearly within legislative competence to super vise and regulate such rules (citing cases). Or the County Court may, as consequence of a reconsideration of the subiect, give more heed to the experience in the Court of Gen eral Sessions, during the period above men tioned. and to the claimed beneficent result of the calendar practice existing in the County Co.urt between the years 1894 and 1947, by amending its rule so as, in sub stance, to adopt Rule V of the Rules of the Court of General Sessions."

The Association and its President are deeply grateful to Ira Rosenberg Press, 13 East 125th Street, New York City, for their courtesy and generous cooperation in the publica of The News Letter.

MEMBERS (Continued from Page. Three) OTSEGO Loomis. Frederick W. Latham, Livingston S. PUTNAM Dickinson, Fred QUEENS Sullivan, Charles P. Conway, James F. Cu1len, Thomas P. Daly, Peter M. Dugan, David L.

Farre1l. Peter T. Kerwick, William Kowalski. Vincent Livoti, Anthony M. Lonergan. Howard Loscalzo, Joseph E. McClancy, Walter MeG rattan, James McPhillips, Michael S. Nicks, James Potter. Edward H. Schober, Henry W. Shapiro. J. Irwin Short, Albert D. Stier. George P. Thornton, Thomas F. RENSSELAER Wiley, E. J. Bolton, Richard E. Cummiskey, Frank Mulholland, J. B. Poland. Edward J. RICHMOND Methfessel, Herman Casey, Augustine B.

Cawse, Alfred. Jr. Kane. Farrell M. McDermott, James J. McKinney, Joseph A. Reidy. William Simonson, Sidney O. Spinelli. Peter P. Tellefson. Frank

SUFFOLK Henry, Lindsay R. Bendersky, Jacob Brenner, Harry C. Dodge. Lloyd P. Tasker, Henry SULLIVAN Newberg, Benjamin

R0CKLAND Dorsey. George V. Coral. DaVId

TIOGA Smith. Herbert H.

ST. LAWRENCE Hart, Arthur B. Kitay. Sidney

TOMPKINS Bryant, FrederickB. Adams, Arthur G.

SARATOGA Doyle, John F. King, Carlton J. SCHENECTADY Nicoll, William M. Ogonowski. Adam Lynch. Emmet SC:HOHARIE Gage. James L.

ULSTER Bruhn. Louis G. WARREN Herlihy, J. Clarence WASHINGTON Gibson, James. Jr • WAYNE Livingston, MarShall E

SENECA Koch, Henry W.

WESTCHESTER Fanelli, George M. Burchell. George D. Marbach, John C. O·Brien. John J. Page, James K. Weeks, Fred E.

STEUBEN Morton, Harry K.

WYOMING Charles, Glenn E.

SCHUYLER Lape, Archie R. Argetsinger. L. W., Jr.

YATES Pelton, Homer C. U. S. EASTERN DISTRICT Keogh, J. Vincent Borock, Nathan Bungard. Maurice Z. Butera, Charles J.

Goldstein. Hyman H. Hirsch, Phillip J. Jones, Philip J. Kartell, Irving "P. Meckler, M. Jay Parker, Frank J. Percy. George W., Jr. Pittoni, Mario Resnikoff, Eli. Saver, James D. Siegel. Morris K. Silverman, Jesse G. Sorin, Herbert I. Sullivan, Jeremiah J. Szukelewicz. Edward U. S. NOR'fHERN DISTRICT Higbie. Irving Port. Edmund U. S. SOUTHERN DISTRICT McGohey, John F. X. Axman. Laurence H. Bishopp. Earle N. Block, Frederick H. Burchill. Thomas F., Jr. Cohn, Roy Creegan, John B. Cunneen, John M.

Devlin, James A. Donovan, John J. Glenn. Henry L. Hilly. John C. Klein, Martin Koerner. William Lane. Myles J. Lauritano, Amedeo L. Mahoney, Jay-Ehret Mansdorf, Louis

Maresca, Orest V.

McAuley, Harold J. McCarthy. Edmond

McKibbin. David McDonald, Edward W. Mitchell, Robert Mollo. Silvio J.

Murphy, Tl,lomas F

Power, Arthur C.

Regan, William M.

Rigney, Edward E. Ryan, John F.

Saypol, Irving H.

Schachner. Bruno

Sexton, William J.

Sharison, Saul S. Shientag. Florence P. Skolnik, Nathan

Slonim, Jay

Wagner, Charles J. Walsh, James D. ATTORNEY GENERAL Goldstein, Nathaniel L. Cohen, Emil A. Devlin. Frederick T.

Geraci, Michael P.

Hazel, Margaret D.

Saul, Alexander

Tiffany, Matthew A. .....440

of the

District Attorneys' Association of the State of New York

June 1950

Volume 4

Oquaga Lake

June 22·24

BRINK BROADCASTS. The supreme test of the success of each administration of our Association \Ve has been the summer meeting. still have pleasant memories of Coopers town, Elmira, Thousand Islands, Sara toga, Shawnee, Lake George and Mon tauk Point. And now Oquaga Lake. With few exceptions, probably none of you ever heard of Oquaga Lake before the January meeting. We feel that you will be pleasantly surprised by both the beauty and the facilities of this resort. The keynote of our meeting this year will be hospitality. We will not only be concerned with your pleasure and comfort, but we also want you to feel at home. The convention committee is to be an actual working committee, and some of its members will at all times be available to give you service. In obtain ing the exclusive use of Hanson's Ho tel and arranging our program, we have planned to keep the entire party to gether as much as possible and still give everyone an opportunity to do what he likes. Of course, it is always easier to make promises than it is to carry them out. However, you may rest assured that every effort will be made to make this party one of the best you have ever en joyed. Send in your reservations early and leave the rest to us.

RESERVATIONS. Reservations for rooms should be made with Samuel W. Bernstein, A. D. A., Broome County, New York, by en closed postal card not later than June 15, 1950. A limited number of adjoin ing cottages are available accommodat ing groups from four to ten.

Number 1

PROGRAM.

Your courtesy in advising us promptly of any cancellations or change in plans will be appreciated.

Thursday, June 22 6 : 30

Rt'gistration. Dinner.

CONVENTION COMMITTEE.

Friday, June 23

Chairman ROBERT O. BRINK, Broome

7: 30-9: 00 Breakfast. Morning: Golf. Boating. Fishing. Bathing. 12: 30-2: 00 Luncheon. 2 :00 Meeting of Officers and Executive Committee (open to all Mem bers of the Association). 3: 00 Softball game (Hogan's Holligans vs. Brink's Bombers). 4: 30 Hole in One contest. 5:30-6:30 Cocktail Party on Hotel Pier.

6:30-7:30 Dinner.

Reception in

9 :00-10 :00 President's Choral Room (Drinks on the House for One Hour Only. Music by Hotel Orchestra and Entertainers_ Bar closes at 1: 00 A. M.)

JOHN J. GARDNER, Cortland

SAMUEL W. BERNSTEIN, Broome

Saturday, June 24 7 :30-9 :00 Breakfast. 10 :00 Golf Tournament. Boating. Fishing. Bathing. 12: 30-2: 00 Luncheon. 2 :30 Field Day (field events and out door games for all, including the aged and obese under pro fessional supervision) . 6 : 00-7 : 00 Cocktail Party on Hotel Pier. 7 :00 Convention Banquet (Awarding of Prizes). 9:00 Variety Show on Hotel Pier.

Sunday, June 25 8:00-9:30

Br.eakfast.

Arrangements Have Been Made For Indoor Activities in the Event of Rain.

Appendix E Newsletter, June 1950

RALPH CRAMER, Chemung

FRANK DEL VECCHIO, Onondaga

HERBERT H. SMITH, 'fioga

FREDERICK J. VAURA, Broome

DAVID F. LEE, JR., Chenango

TRANSPORTATION. MOTOR ROUTES

'£0

OQUAGA LAKE:

]'ROM NEW YORK METROPOLITAN DIS TRICT AND EASTERN POINTS: George Washington Bridge or Bear Mountain Bridge to New Jersey and New York; Route 17 to Goshen. OPTIONAL ROUTES: 1. Left-hand turn between Goshen and Middletown on Route 97 through Port Jervis and Callicoon, back to Route 17 at Hancock. (This route is a few miles longer, but the scenery is beautiful and well worth the drive.) 2. Follow Route 17 through Middle town, Monticello and Liberty to Han cock. Continue on Route 17 to Deposit. In Deposit turn left onto Main Street. Turn off Front Street in business cen ter of village onto Oquaga Lake Road; or else follow Route 17 and turn onto Oquaga Lake Road at McClure, two miles west of Deposit.

FROM POINTS NORTH AND WEST: Go to Binghamton, then east on Route 17 (continuation of Main and Court Streets in Binghamton), through Wind sor· turn right on Oquaga Lake Road at McClure 10 miles east of Windsor. Han son's Hotel is at the northeast corner of the lake. Follow the signs. l{,AILROADS : D. L. & W. or Erie to Binghamton. Notify Broome County District Attor ney's Office of time of arrival. Motor transportation from Binghamton rail road stations to Oquaga Lake will be available. By AIR:

Hobinson Airlines to Tri Cities Air port at Endicott, N. Y. Motor transpor tation service from airport to Arlington Hotel, Binghamton, N. Y. Notify Broome Countv District Attorney's Office of time of arrival. Committee will furnish transportation from Arlington Hotel to Oquaga Lake.

NEWS LETTER. Published by the

District Attorneys' Association of

the State of New York

Editor: SAMUEL W. BERNSTEIN, Broome

Editorial Board

Judicial District

1st: 2nd: 3rd: 4th: 5th: 6th: 7th: 8th: 9th: 10th:

Richard G. Denzer, New York William 1. Siegel, Kings Richard E. Bolton, Rensselaer Emmett Lynch, Schenectady Jacob L. Serling, Onondaga Richard C. Lounsberry, Tioga Alan M. Hill, Monroe Leonard Finkelstein, Erie Ely L. Gellert, Dutchess Harry C. Brenner, Suffolk

ASSOCIATION ACTIVITIES. On February 14th, 1950, your Presi dent attended the Attorney General's National Conference on Crime at Wash ington, D. C. He advised the Conference that a committee of the New York State District Attorneys' Association, consist ing of District Attorneys McDonald, Ho gan and Herlihy, had undertaken the project of forming a National Association

of District Attorneys, and that by the time of the proposed second Annual Na tional Crime Conference, the District At torneys should be represented by a na tionalorganization. Other District Attor neys and attendants at the Washington' meeting were District Attorneys from Boston, Detroit, San Francisco, San Diego and Dallas. In February District Attorneys Her lihy, McDonald, Erway and Brink, and Assistant District Attorneys George Tilzer and John Wiseman met with members of the committees of the Legis lature in Albany and presented the posi tion of our Association on pending and new legislation in accordance with ac tion taken at our January meeting. This is a very important function of our or ganization. On May 5th, 1950, a special commit tee appointed by the President met in District Attorney Frank Hogan's Office in New York to discuss the new sex legislation. A memorandum is now be ing prepared by a committee consisting of Whitman Knapp, chairman (New York County) ; George Tilzer (Bronx); William 1. Siegel (Kings) ; Philip Hunt ington (Nassau), and George M. Fanelli (Westchester), which will soon be avail able to all District Attorneys' Offices in the State. It is hoped that this memorandum will clear up many ambi guities and questions involved in these statutes. Several of the District Attorneys' Of fices in New York State are currently engaged in Grand Jury investigations of gamblers and gambling. If this sum mer you observe a few extra gray hairs on Messrs. McDonald, Hogan, Brink and a few others, feel sorry for yourself. You may be next. At one time they, too, had carefree and untroubled minds.

6TH JUDICIAL DISTRICT. Howard A. Zeller, former D. A. of Madison County, was elected at the last election to the Supreme Court bench and has been acting in that capacity since January 1st, 1950. Harold F. Simons has been appointed Madison County District Attorney as of January 1st, 1950, by Governor Thomas E. Dewey, to succeed the Hon. Howard A. Zeller. D. A. Robert O. Brink elected Vice President of the Broome County Bar As sociation. 7TH JUDICIAL DISTRICT. Comes June 22nd, Past President Dan now Monroe County Judge, will adjourn a term of Court, if neces sary, to be at Hanson's, "come hell or high water," he says. Dan has polished his rendition of that classic recitation, "Sparticus to the Gladiators," and all D.A. 's present are assured the tops in educational entertainment when Dan ascends the nearest eminence (bar or table preferred) and gives forth with "Sparticus" or his now famous defini tion of "Bull---."

o 'Mara,

Prevailing westerly winds have blown litigation into Monroe County from the Eighth Judicial District. Clarence (Cass) Henry, now filling Dan 0 'Mara's shoes as Monroe D . .£\., had little more than the Hev. George Hetenyi for mur der (Judge o 'Mara presiding), the prin cipals in which reside in Erie County, when Harry Hosenthal, First Assistant in his office, was called upon to assist Edwin 0 'Connor, D. A. of Chautauqua County, in prosecution of another mur der, first, from that western county, transferred to Monroe for trial. 8TH JUDICIAL DISTRICT.

NEWS FLASHES. 1ST JUDICIAL DISTRICT. Jack Grumet, former Chief of the Homicide Bureau, has been appointed by the Governor to the General Sessions Bench on May 17, 1950, to fill the va cancy caused by the death of Judge John J. Sullivan. New additions to the New York County staff: Samuel R Pierce, Jr. (Cornell Law School, 1949), Burton B. Hoberts (Cornell Law School, 1949), William Fitts Hyan (Columbia Law School, 1949).

District Attorney Gordon Steele and First Assistant John F. Dwyer were en gaged in a murder prosecution spree recently, trying three separate cases in thirty working days, resulting in one death penalty, one life imprisonment on recommendation, and one manslaugh ter first verdict. Assistant District Attorney Finkel stein is becoming harried and haggard from the increased flow of coram nobis applications. D. A. Charlotte Smallwood's record is becoming as attractive as her appear ance (Wyoming County).

9TH JUDICIAL DISTRICT.

10TH JUDICIAL DISTRICT.

Turning to 'Vestchester County, Chief Assistant Fred C. Weeks, Jr., was mar ried May 22nd, this year. He had to go to Connecticut, however, to get his pres ent wife. With reference to District Attorney George Fanelli, one must not mention Peekskill to him for then he sees red. In our own county, District Attorney Vincent Grady is all set to defend the prize he won as best golfer among the District Attorneys last year. Ray Baratta, assistant, is still trying to figure out how he won that beautiful wrist watch playing golf last year. John R. Schwartz, Children's Court Judge and County Judge of Dutchess County, ex-District Attorney, ex-Past President. of the District Attorneys' Association, sits on the bench of more than one county. Twenty-five years in the Dis trict Attorney's office has familiarized the Judge with criminal law procedure. Some defense lawyers are even so unkind as to remark that of him when they de fend criminal cases before him. Dis trict Attorney Fred Dickenson of Put nam County and Assistant District At torney Edward Russell of Dutchess County could not attend last year's con vention because of additions in the fam ily, but they expect to be present this time to make up for lost time.

In Queens County, Martin Schwaeber, Assistant D. A., was appointed by Mayor O'Dwyer as Municipal Court Judge for the 4th Municipal District to replace Nicholas M. Pette, who was appointed Supreme Court Judge by Governor Dewey. The interesting part of it is that Judge Pette, years ago, was an As sistant D. A. in Queens County.

There is anticipation in the Ninth District as two new Supreme Court Judges are being added. Much specu lation among the boys in Rockland and Westchester Counties.

Also in Queens County, George Stier was elected as a Justice of the City Court, and David Dugan, the well-known professional golfer of the District At torneys' Association, who was last year appointed Municipal Court Judge by Mayor 0 'Dwyer, was duly elected in the fall election. Tony Livote, another Assistant D. A. in Queens, has become a proud papa, for some reason or other.

BEAT HOGAN. In every upstate cow pasture, Dis trict Attorneys, Assistant District At torneys and District Attorneys' investi gators are spending their evenings and week ends taking batting practice in the determination that "Scratch Hit" Ho gan will not be able to brag at our din ner this year about his undefeated record. Brink (at best a bench man ager, or maybe even only a grandstand manager) has been getting a few tips from Bert Shotton and Connie Mack (also good bench managers). He has also sent out scouts to learn Hogan's weakness (in batting, of course). In any event, Hogan is now one year older. 'rime marches on.

DENZER DITTIES. YOUNG ASSISTANT'S HANDBOOK.

Robbery. Most robberies without knife or gun Are Robbery One or Robbery Two. If two men rob, it's Robbery One, If only one, it's Robbery Two. There's something else called Robbery Three Which isn't Robbery One or Two. I can't define this third degree, Except to say it's Robbery, too.

Larceny. Grand One is over half a grand, . Grand Two more than a C-note. Concerning degrees for lesser thefts The method is the keynote. You roll a guy for fifty bucks, And that is Grand already. But take it from his dresser drawer And then it's only Petit. If caught in snatching, you would want

Grand two instead of One.

So, when you pull a small job,

Make sure you see the sun.

Rape. If you forcibly ravish to quench your vile thirst,

You clearly are guilty of Rape in the First.

If you gain your objeetive by subtler means,

You're safe unless the gal's in her 'teens.

Her age, therefore, should be carefully reckoned To avoid a rap for Rape in the Second. If she isn't eighteen, even though she consents, You may be hooked for a felony offense. However, my boy, you can still have some fun

If you yourself aren't yet twenty-one. "For the first time since taking Don't hit her or scare her or kick her or bean her over the reins of the Orange County And you'll get by with a misdemeanor. District· Attorney's Office, D. A. Clare J. Hoyt will board the Queen Mary on the 15th of August for a Gathering the Evidence. much-deserved vacation, which will Said the cop, as he viewed with contrition, take him to England, Germany, OUTDOOR GAMES. The defendant's bloody condition:

Italy and Switzerland, where he For a case that's not sure

does NOT plan to study procedures The field day which is being planned There's really no cure

of foreign courts." Like a solid, substantial admission. by Fred Vavra will include many new "Seems that boss Hoyt has a well" features. Fred will be assisted by a (Written by Richard G. Denzer, Asst. D. A., N. Y. County. Copyright pending.) traveled staff, in that Assistant professional gamester (not gambler) James P. Cassidy has just returned from New York City. Many of the from a week's cruise to Bermuda novelties being introduced to our group and Grand Jury Stenographer Jerry for the first time will furnish hilarious GOLF TOURNAMENTS. Sardella was late for work the day entertainment for both participants and following his jaunt to Yonkers for spectators. Two new trophies will be awarded Nat Rochelle's testimOItial. Assist The outdoor contest will not be lim this year in the "hacking" for the ant Abe Isseks has been confined to holding the hand of his wife, ited to the young or athletic members President's Cup and Kickers Handicap who had given birth to a second of the Association. Even the aged, obese Trophy. Of course McDonough (win girl, Frances Jane Isseks, and In and infirm will have a chance to com ner last year) must offer up the Grand vestigator Horace Ketcham is as pete in many of the events without Jury Trophy as well. In addition, other valuable prizes will be given to the signed to watching over the boss' coronary involvements. (This is not a warranty, either express or "also ran" duffers, which should make Hackney colt and bantam rooster implied.) golf this year worth "shooting for." while he's away."

OUR HOST. \Ve suggest that eveyone make an ef fort to meet our innkeeper, Fred Han son, personally. He is a hotel man of the old schoo], who takes pride in his profession. As you will readily recog nize from the prices he is charging, he does not expect to make much money on this convention. His chief concern is that you have an enjoyable time, so that you may feel like giving his hotel a plug when you go back home. If you have a good time (and we're sure you will), let him know about it.

PRIZES. Broome County merchants have con tributed most generously with trophies and prizes for our convention. Also, we have received many gifts from the banks, newspapers, radio stations and various industries in our community. You will see one of the largest and best displays of prizes and trophies we have ever had. Many beautiful door prizes will be awarded, as well as trophies and prizes for field day contests.

INSULATION FOR VAVRA. Broome County Judge Daniel J. Mc A voy refused to attend the summer con ference until a special insulated and soundproof room had been provided for Assistant D. A. Fred Vavra of Broome. The Judge roomed with Fred at Shaw nee, and Vavra's snoring is still ringing in his ears.

BERNSTEIN MAITRE D'HOTEL. :B~or years Sam Bernstein, Assistant D. A. of Broome County, has been criticizing food in hotels and restau rants. Coming from a family of cattle buyers, Sam can spot a piece of second grade beef a hundred yards away. Sam's duties at the convention will con sist, not only in handling room reserva tions, but also keeping an eye on the CUlsme. Fred Hanson assures us that the meals he intends to provide will satisfy even Bernstein.

BRINK A FIRE HAZARD. The convention committee, on recom mendation of Bernstein and Vavra, have laid down a rule that the President of your Association will be prohibited from smoking except out-of-doors. At a re cent conference of attorneys held in his office, he broke up the meeting by set ting his wastebasket on fire with a lighted cigarette. Only for a nearby water cooler, we might now be enjoying a new Broome County Courthouse.

As Chairman of the "Committee on Night Life," we are very fortunate in having Frank (that man) DelVecchio, who in the past has acted as chairman of this activity in an unofficial capacity. Of course we intend to have night life at the convention, but for the younger members who prefer to spread their wings, Frank will lead a personally conducted tour of the various night spots, clubs and cabarets in and around Binghamton, including Kennedy's Inn, Community Lounge, Forno's, Del Rio, etc., etc.

Please return your Reser vation Card NOW

Miles F. McDonald, Kings Julian B. Erway, Albany William M. Nicoll, Schenectady Milton A. Wiltse, Jefferson Herbert H. Smith, Tioga Theodore M. Coburn, Cayuga Gordon Steele, Erie W. Vincent Grady, Dutchess Charles P. Sullivan, Queens MEMBERSHIP COMMITTEE.

Chairman:

John J. Gardner, Cortland Carlton J. King, Saratoga Frank Del Vecchio, Onondaga Clarence J. Henry, Monroe Richard G. Denzer, New York Marshall E. Livingston, Wayne Harry C. Brenner, Suffolk Ralph Cramer, Chemung David Getzoff, Bronx

COMMITTEE ON NIGHT LIFE.

COMMITTEE ON NATIONAL ORGANIZATION OF DISTRICT ATTORNEYS.

Chairman:

Miles F. McDonald, Kings J. Clarence Herlihy, Warren Frank S. Hogan, New York LEGISLATIVE COMMITTEE.

Chairman:

J. Clarence Herlihy, Warren Miles F. McDonald, Kings Julian B. Erway, Albany George Tilzer, Bronx George M. Fanelli, Westchester

District Attorneys' Association of the State of New York 1950. OFFICERS.

President-Robert O. Brink, Broome 1st Vice Pres.-George M. Fanelli, Westchester 2nd Vice Pres.-Wallace J. Stakel, Genesee Secretary--George Tilzer, Bronx Treasurer-Philip Huntington, Nassau EXECUTIVE

COMMITTEE

Chairman:

George M. Fanelli, Westchester

1st J. D.:

Frank S. Hogan, New York

SATURDAY NIGHT SHOW. .A.rrangements have been made for a variety show on Saturday evening on Hanson's pier, with several hit acts. Our two-hour program will feature many highly-talented entertainers from Eu rope, South America and Brooklyn.

The Association and its President are deeply grateful to

ESTABLISHED IN 1881

Upstat~

Representative

ALAN A. LUKE

ATTENTION!

2nd J. D.: 3rd J. D.: 4th J. D.: 5th J. D.: 6th J. D.: 7th J. D.: 8th J. D.: 9th J. D.: 10thJ.D.:

1505 Keyes Avenue Schenectady 8, N. Y. Phone 3-7735

Main Office WALTON

Delaware County New York Phones 307 and 80

New York Office

L. C.

HANNA, Manager

11 Park Place

New York 7, N. Y.

Phones RE 2·6978-9

for their courtesy and generous cooperation in the publication of The News Letter

NYSDAA

The Newsletter of the New York State District Attorneys Association

Fall 1997 Vol. 1 No.1

NYSDAA Briefings is the newsletter for members of the New York State District Attorneys Association, who include current and former District Attorneys, State Attorneys General, U.S. Attorneys for districts within New York State' and their staffs. For membership information, contact Legislative Secretary Lois Raff at (718) 286-6311.

2 1997 Summer Conference

3 Legislative Update

3 Support of Federal Legislation

Queens County District Attorney Richard A. Brown Installed as President of NVSDAA At this year's annual summer conference in Saratoga, Queens County District i Attorney Richard A. Brown was installed as President of the New York State District Attorneys Association. Outgoing President Francis D. Phillips II of Orange County i will take over as Chairman of the Executive Committee. District Attorney Stephen F. Lungen of Sullivan County was elected 3rd Vice-President joining President-Elect William J. Fitzpatrick of Onondaga County, 1st Vice-President Jeanine F. Pirro of i : Westchester County and 2nd Vice-President Robert M. Carney of Schenectady County. District Attorney James M. Catterson, Jr. of Suffolk County will continue as Chairman of the Board of Directors of NYPTI and District Attorney Michael E. Bongiorno of Rockland County joins the Executive Committee.

! !,:

Richmond County District Attorney WIlliam L. Murphy Installed as President of NDAA District Attorney William L. Murphy of Richmond County was recently in足 stalled as President of the National District Attorneys Association. It is wonderful to have a member of our Association take on such an important and prestigious posi足 tion. We hope to have the New York State District Attorneys Association play an active role in the work of the National District Attorneys Association and lend our full support to President Murphy. District Attorney Charles J. Hynes of Kings County serves as our State liaison to the NDAA.

Executive Committee Resolutions At the July 12th Executive Committee meeting at our Summer Conference, our Constitution and By-Laws were amended to change the time period in which the Winter and Summer Conferences may be held in order to give us more flexibility in scheduling. Other important decisions made at the meeting included resolutions conveying our Association's support for a substantial increase in maximum security prison cells, a position that was made known in a letter to the Governor and legisla足 tive leaders. In addition, a resolution was adopted supporting the Governor's recently introduced program bill which amends Article 130 of the Penal Law and makes related provisions to strengthen our ability to prosecute sex crimes.

t -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _._ _ _._..._.~._ _..i

Appendix F Newsletter, Fall 1997

Highlights of 1997 Summer Conference District Attorneys and their staffs from around the State gathered at the Gideon Putnam Hotel in Saratoga for the 1997 Summer Conference hosted by District Attorney Frank Phillips. Amidst virtually perfect weather and beautiful surroundings, the attendees enjoyed the opportunity to get to know each other better and participate in a number of interesting programs. On Thursday afternoon, mem bers of the New York State Police spoke about two initiatives - their Community Narcotics Enforcement Teams and their Major Crimes Unit. Westch~ster Coun'ty District Attorney Jeanine Pirro informed attendees about the work of the Domestic Violence Fatality Review Board which she chairs and Carol Johnston, Executive Director of the New York State Office for the Prevention of Domestic Violence, described the missions and goals of her office. Later in the day, representatives of the New York State Police demonstrated the most up-to-date technology for blood alcohol analysis.

Ccxde~ence

~~Id tro~

Our Annual Summer will be '. Thursday, July 16th t~rolJgll SlJnday,Juiy 19th at' .. the Radisson Hot~lln bor,..lpgi NevJ Vorl<,Tf1e . .• . . . i .' Radisson 1$ located on hlsto~cMarket ~Il'.~t ~(jl. .. . only a short walk for", the &mlng ~Iaj~ P8,..ter. '.' .. ' and the Rockwell Museum. The. Natl.~~1 E;~nhg . Museum, featurlngthewo!"d's iargestcOlI~tj(,n 9( sailplanes, Is nearby. ather iocal atl..acttblls lriclude numerous wineries, VVatkll'ls Glen $fate Par\( the Spencer Crest Nature c::enter, Golfls available .• •.• at the Corning Country Club and tennis coUrts ar~ '. '.. located within walking distance of the hotei.. We planning al) agenda fllledvlitt, Interestll19 ~C~Vltles, programs and events. We hope to hav~ arEic61'd turnout of District Attorneys and members of •.''. .. their staffs. .

ana; . . .

The Legislative Committee meeting on Friday morning featured presentations by Ken Connolly, Deputy Commis sioner of the Office of Legal Services of the Division of Criminal Justice Services, and Anthony Annucci, Counsel to the New York State Department of Corrections. Sean Byrne, Executive Director of NYPTI, demonstrated the capabilities of the new computer brief bank developed by his office and now linked to approximately 40 District Attorneys' offices across the State. Representatives of the National Law En forcement and Corrections Technology Center in Rome, New York explained how they could provide important technical assistance and forensic services to prosecutors. In the after noon, there was a tour of the new state-of-the-art State Police Forensic Center in Albany. On Friday night, Superintendent James McMahon of the New York State Police gave an interesting and well received keynote address at our dinner.

are

Saturday morning's Executive Committee meeting featured a legislative update by Jim McGuire, First Assistant Counsel to the Governor. The resolutions adopted at the meeting are summarized elsewhere in this newsletter. On Saturday evening, there was a cocktail reception followed by the Installation dinner. The new officers were formally installed. Incoming President Richard A. Brown presented a plaque to Outgoing President Frank Phillips which expressed the Association's gratitude to District Attorney Phillips for his leadership and distinguished service as President during the past year. District Attorney Brown was sworn in as President and promised to do all that he could to make the coming year both exciting and productive. He outlined two new proposals that he would pursue. He committed himself to seeking restoration of Aid to Prosecution monies to the offices that had received repeated budget cuts in previous years and to seeking expansion of the Aid to Prosecution program to the many District Attorneys' offices that do not now receive funding. He also indicated his desire to find a way to enable prosecutors' offices to retain assistants now forced to leave public service because of the pressure of significant student loan debt. A special presentation was made to District Attorney David A. Wait of Saratoga County, who, after a long and distinguished career, will be retiring. District Attorney Wait is a former President of the Association and has long been an active and valu able member of the Association. We will miss him greatly.

Training Committee Established Our newly formed Training Committee is composed of representatives of District Attorneys' offices from across the State and will be assisted by the Executive Director of NYPTI (New York Prosecutors Training Institute), Sean Byrne. Chaired by Steven Schwartz, the Director of Training at the Queens County District Attorney's Office, the Committee's mission is to promote information sharing and coordination among the training staffs at prosecutors' offices, assess statewide training needs and develop materials and programs to address those needs. One of the projects being explored by the Committee is a periodic training publication that can be mailed to all NYSDAA members. If you are interested in joining the Commit tee or submitting an article for the publication, please contact Steve Schwartz at (718) 286-6931.

Join Us at the Winter Conference -

January 22-23, 1998

The NYSDAA Winter Conference will be held in New York City at the Sheraton Hotel and Towers, 811 Seventh Avenue at 53rd Street, on Thursday January 22nd and Friday January 23rd, 1998. The Executive Committee meeting for elected , officials will take place on Thursday morning and we will have a number of special presentations and events during the conference. On Friday, there will be a program open to all members followed by our annual luncheon. We have invited Governor George E. Pataki to address the Association members. Please save the dates. Details I will follow.

I i I

I Legislative Committee Schedule ,

The monthly fall meetings of the Legislative Committee will be held on

October 9 1997 Novembe; 6, 1997 December 4, 1997

I Thursdays at 10:30 a.m. at the following times and places: I September 11, 1997 Queens County District Attorney's Office i,i.,

_. ._. __1____._.______

Examples Needed In Support Of Federal Legislation Congressman Schumer's office Is sponsoring Federal gun control legislation and has asked the Association (or examples of crimes committed in New York State using guns that came from out of state. There Is also legislation pending to strengthen enforcement of environmental crimes. This legislation, among other things, would crlmlnalize attempts at Federal environmental crimes, and authorize restitution In Federal c~ses to Include costs to local prosecutors of investigation. If you have any examples of prosecutions where these provisions would have been helpful, please submit them as well. Fax examples to .Lols Raft at (718) 286-6325.

Office of the Special Narcotics Prosecutor Bronx County District Attorney's Office· Kings County District Attorney's Office

Executive Committee Meeting October 21, 1997

The fall Executive Committee meeting will be held on Tuesday, Octob~r 21, 1997 in Albany. Details regarding time and location will follow.

Legislative Update The 1997 legislative session finally came to a close in early August. On the budget front, funding for Aid to Prosecution and District Attorney Salaries was continued at basically the same level. Funding was provided for Aid to Crime Labs and DTAP (Drug Treatment Alternative to Prison) program funding was picked up by the State after federal funding became unavailable. The budget included authorization for

'-------------_.._----------------_..........._....__.............__.....-................................................................................................

J 'I'

NEWS AND INFORMATION

EDUCATION AND TRAINING

CONFERENCES

COLLEGIAL NETWORK

LEGISLATIVE ADVOCACY

PROFESSIONAL

DEVELOPMENT

NYSDAA MEMBERSHIP

is Qpen to

current and former District

Attorneys. State Attorneys

General. U.S. Attorneys

for districts within New York

and their staffs. Including

assistants and

non-attorneys. Yearly

dues for legal staff

members are $15. for

non-legal staff. $10.

Education and training.

conferences. legislative

advocacy. professional

development and a

newsletter are all

available to members.

To apply call legislative

Secretary lois Raff at

(718) 286-6311

•

RICHARD A. BROWN

Queens County

NYSDAA President

WIILLAM J. FITZPATRICK

Onondaga County

President Elect

JEANINE F. PIRRO

Westchester County

1st Vice President

ROBERT M. CARNEY

Schenectady County

2nd Vice President

STEPHEN F. lUNGEN

Sullivan County

3rd Vice President

KAREN F. MCGEE

Richmond County

Secretary

EUGENE MURTHA

Nassau County

Treasurer

construction of a new 750-double-celled maximum security prison and provision for eight l00-.double-celled units to be added to eight specified existing medium security facilities for a total of 3100 additional beds. In addition, the budget included a provision for merit time which will enable certain non-violent offenders to have up to 116 of their minimum sentence reduced if they satisfactorily complete certain pro grams and meet behavioral requirements in prison. In terms of substantive criminal justice legislation, despite the time and effort expended by many Association members, but most particularly District Attorney Charles J. Hynes of Kings County, to educate the Legislature about the need for changes in the definition of physical injury and serious physical injury, no changes were made. Indeed, little was accomplished in the criminal justice area, in large part due to a number of other important issues that the Legislature needed to address such as rent regulation. Among the criminal justice bills that were passed are the following (Bills with chapter numbers have been signed into law. Bills without numbers still await action by the Govemor): A number of new crimes were created including false personation (Chapter 69), possession of dangerous fireworks (Chapter 180), cemetery desecration (Chapter 165), harassment of a rent regulated tenant (Chapter 116), non support of a child in the first degree, an E felony (Chapter 397), and female genital mutilation. The jury sequestration provisions were extended until Juilc 30, 1999 (retroactive to March 31, 1997), but not expanded (Chapter 435); the prompt suspension law fot OWl was ex tended for three years (Chapter 131); the ignition interlock device program was extended for one year (Chapter 150); and the provisions providing for suspension and revocation of drivers'licenses upon conviction of certain drug offenses were extended until October I, 1998 (Chapter 382). Other changes require police officers who make arrests in domestic violence cases to attempt to identify and only arrest the primary physical aggressor; make clear that a court may continue a temporary order of protection in situations where a defendant fails to appear in court until such time as the defendant subsequently appears; authorize a judge to require the installation and maintenance of an ignition interlock device as a condition of probation after certain alcohol related convictions (Chapter 181); establish ketamine as a controlled substance; give the court discretion to allow sworn jurors to leave the courthouse during the continued selection of jurors; clarify the authority of and procedures to be followed by local criminal courts with respect to handling family offense cases and cases involving orders of protection originating in Family Court or Supreme Court when those courts are not in session (Chapter 186); expand access to criminal history records by certain correctional alternative programs and local probation departments; facilitate trans portation of a dead body by a funeral director prior to issuance of a death certificate (Chapter 188); modify the definition of an all terrain vehicle (Chapter 319); expand the definition of criminal trespass in the third degree to include trespass on a right of way or yard of a railroad or rapid transit railroad (Chapter 338); amend the Environmental Conservation Law to prohibit the removal of trees (Chapter 301); make technical changes to computer tampering in the third degree (Chapter 376); designate employees of the Village Court of Amityville as peace officers (Chapter 378); make changes related to disqualification from jury service (Chapter 242); prohibit operation of an escort vehicle in violation of the Commissioner of Transportation's Rules; amend the Public Health Law to require hospitals to provide information about family violence to parents of newborn infants;' exempt certain antique slot machines from the scope of possession of a gambling device; allow victims to seek compensation for costs related to frivolous lawsuits filed against them by defendants; require report of crimes committed against elderly persons by family members to be sent to special New York State committee coordinating services to the elderly. If you need copies of any of the above-referenced bills, please contact Lois Raff at the Queens County District Attorney's Office at (718) 286-6311 .•

NYSDAA

Winter 1998 VoI.1 No.2

The Newsletter of the New York State District Attorneys Association

NYSDAA Briefings

is the newsletter for

members of the

New York State

District Attorneys

Association,

who include current

and former

District Attorneys,

State Attorneys

General,

U.S. Attorneys for

districts within

New York State

and their staffs.

For membership

information, contact

Legislative Secretary

Lois Raff at

(718) 286-6311.

NYSDAA WINTER CONFERENCE 足

2 Continuing Legal

Education

3 NYPTI Training

Session

4 Legislative

Committee

Meeting

Schedule

Governor Pataki To Speak at Annual Luncheon; Former FBI Director Jim Kallstrom and Former Erie County District Attorney Kevin Dillon To Be Honored The Association is proud to announce that Governor George E. Pataki will be the luncheon speaker at the Association's annual Winter Conference luncheon to be held on Friday, January 23rd at the Sheraton Hotel in New York City. A Special Achievement Award will be presented to James K. Kallstrom, retiring Assistant Director in Charge of the New York Office of the FBI, in recognition of his outstand足 ing contribution to law enforcement. Supreme Court Justice Kevin M. Dillon, former District Attorney of Erie County and Past President of NYSDAA, will receive the prestigious Frank S. Hogan Award. The luncheon caps three days of meetings, programs and events at which District Attorneys and their staffs from around the state share ideas and information in a collegial atmosphere. There will be meetings of the Legislative and Executive Committees, as well as the Training and Environmental Law subcommittees. The Conference will feature training sessions open to all Association members. Bonnie J. Campbell, Director of the United State Department of Justice's Violence Against Women Office, will speak about recent nationwide trends in the prosecution of sexual abuse and domestic violence cases. Another session will feature a panel presentation on the issue of prosecutorial immunity featuring Marc Scholl of the New York County District Attorney's Office and Alan Schlesinger of the New York City Law Department. Special events include a tour and reception at the New York Stock Exchange and an opportunity to attend a New York City Police Department Comstat meeting.

1998 LEGISLATIVE PRIORITIES CHOSEN At their October 21 st meeting, the Executivt: Committee selected the Association's highest legislative priorities for the 1998 legislative session. Among the bills selected as this year's top priorities are three Governor's Program Bills 足 Senate 2379, the Juvenile Justice Accountability and Procedural Reform Act; Senate 5691, the Sexual Assault Reform Act and Senate 3456, the Criminal Procedure Law Reform Act. These comprehensive bills would make important procedural and evidentiary changes in the law to strengthen the ability of District Attorneys' to prosecute violent offenders, offer greater protection to crime victims and close technical loopholes that result in dismissals and rt~versals of convictions. Winter

Appendix G Newsletter, Winter 1998

1998

The Association is also strongly supporting a package of bills designed to facilitate prosecution of crimes against vulnerable victims. Our assault bill Assembly 55 I 2a1Senate 4300 - would change the definition of "physical injury" and "serious physical injury" so that New York law will treat assault crimes with appropriate seriousness. Another proposal would raise the crime of Endangering the Welfare of a Child to a felony when certain aggravating factors are present. An amendment to the larceny statute would enable prosecutors to take more effective action against financial exploitation of the elderly. Finally, the Association will urge that New York join all other states in the nation by admitting evidence of photo graphic identifications at criminal trials. Two important budgetary initiatives were also selected as priorities. The Association is seeking restoration of State Aid to Prosecution funding which was cut in previous years and expansion of this valuable program to counties which do not now receive it. Aid to Prosecution funding is targeted at the prosecution of serious felony offenders - especially repeat violent offenders. NYSDAA will also be asking the State to provide financial assistance to young attorneys who seek to remain in public service positions but are unable to do so because they are burdened with enormous student loan obligations. District Attorneys across the state are finding it increasingly difficult to retain talented attorneys after their third year because the crushing burden of student loans drives them into higher paying private sector jobs. For more informa tion about any of these priority proposals, please contact Lois Raff , 718 286-6311.

•·.

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CONTINUING LEGAL EDUCATION The Office of Court Administration recently promulgated rules requiring newly admitted attorneys to participate in 32 hours of continuing legal education by an accredited provider during their first two years after admission. Accreditation can be sought by application to the Continuing Legal Education Board. The New York Prosecutors Training Institute will be seeking accreditation in order to make available free, geographically accessible programs to assistant district attorneys throughout the State. Individual District Attorneys offices may also apply for accreditation of their in house training programs. The deadline for applications for retroactive accreditation of courses given in September, October, November or December of 1997 is February 2nd. For further information about continuing legal education and the accreditation process, please contact Steven Schwartz, Chairman of the NYSDAA Training Committee at 718 286-6931 or Sean Byrne, Executive Director of NYPTI at 518 432 1100. Winter 1998

NYPTI NEWS The New York Prosecutors Training Institute has had an active Fall and has many exciting plans for the Spring. NYPTI has now established and linked every District Attorney's office in the State into its computerized brief bank containing edited versions of legal motions, briefs and memoranda on capital litigation issues drafted by assistant district attorneys throughout the State. Two additional briefbanks are in the works - an environmental crimes briefbank and a sexual offense and domestic violence crimes briefbank. Our thanks to the Attorney General's office, the Division of Criminal Justice Services and the Justice Department's Violence Against Women Office for providing funding for these initiatives. A central repository of information about expert witnesses will also soon be available. NYPTI has updated two of its publications - New York Death Penalty Case Summaries and U.S. Supreme Court Case Summaries. Limited numbers of copies will be available at the Winter Conference. On January 11-13, 1998, NYPTI held a well attended conference on Emerging Issues in Capital Litigation in Syracuse. Upcoming events include a conference on Investigation to Counter Mitigation Evidence on March 18-20 in New York. A conference on Rape, Sexual Abuse and Domestic Violence is planned for the summer of 1998. NYPTI Executive Director Sean Byrne can fill you in on other events and initiatives. NYPTI Attorney Kathy Bennett is coordinating the office's activities in the areas of sexual abuse, domestic violence and environmental law. Both can be reached at 518 432-1100.

FORFEITURE The Forfeiture Law Advisory Group, in coordination with NYPTI, is planning two training sessions on forfeiture issues in the spring -- one upstate and one downstate. For further information, please contact the co-chairs of our FLAG subcommittee, Bob Nigro at 516 571-3403, or Lynn Goodman 9144228786, or Sean Byrne at NYPTI.

NYSDAA PRESIDENT RICHARD A. BROWN TESTIFIES REGARDING MEGAN'S LAW On December 3, 1997, Queens County District Attorney Richard A. Brown testified on behalf of the Association at a hearing held by the Megan's Law Task Force. His testimony, prepared with the assistance of a number of District Attorneys' offices around the state, described prosecutor's experiences under the Sex Offender Registration Act, noted some implementation difficulties and made recommendations for amendments to strengthen the effectiveness of the law. The Task Force, chaired by former DCJS Director Paul Shechtman, has among its members NYSDAA First Vice President Jeanine Pirro of Westchester County, State Police Superintendent James McMahon, Division of Parole Chair足 man Brion Travis, and Division of Probation and Correctional Alternatives Chairman George Sanchez.

Winter 1998

NEWS AND INFORMATION

EDUCATION AND TRAINING

CONFERENCES

COLLEGIAL NETWORK

LEGISLATIVE ADVOCACY

ASSOCIATION OPPOSES FEDERAL ENVIRONMENTAL SELF-AUDIT LEGISLATION In October of 1997, Association President Brown sent letters to Senator John H. Chafee, Chairman of the United States Senate Environment and Public Works Committee and other key Congressional leaders expressing NYSDAA's concerns about proposed legislation (Senate 866 - Environmental Protection Partnership Act) that would have created a privilege and immunity for corporations that engaged in environmental self-audits. The letters noted that the legislation would have the unin tended consequence of shielding criminal conduct by the most serious environmental violators, urged the Committee to reconsider many provisions of the bill and offered our assistance to address the Committee's concerns by other means.

PROFESSIONAL

DEVELOPMENT

SCHEDULE OF 1998 LEGISLATIVE COMMlnEE MEETINGS:

NYSDAA MEMBERSHIP

is open to

current and former District

Attorneys. State Attorneys

General. U.S. Attorneys

for districts within New York

and their staffs. including

assistants and

non-attorneys. Yearly

dues for legal staff

members are $15. for

non-legal staff. $10.

Education and training.

conferences. legislative

advocacy. professional

development and a

newsletter are all

available to members.

To apply call Legislative

Secretary Lois Raft at

(718) 286-6311

•

RICHARD A. BROWN

Queens County

NYSDAA President

WIILLAM J. FITZPATRICK

Onondaga County

President Elect

JEANINE F. PIRRO

Westchester County

1st Vice President

ROBERT M. CARNEY

Schenectady County

2nd Vice President

STEPHEN F. LUNGEN

Sullivan County

3rd Vice President

KAREN F. MCGEE

Richmond County

Secretary

EUGENE MURTHA

Nassau County

Treasurer

January 21, 1998 February 25, 1998 March 18, 1998 April 29, 1998 May 20,1998

Manhattan District Attorney's Office Kings County District Attorney's Office Queens County District Attorney's Office Bronx County District Attorney's Office Office of the Special Narcotics Prosecutor

All meetings are on Wednesdays and are scheduled to begin promptly at 10:30 a.m.

ALBANY EVENTS The Association will be holding two events in Albany in the Spring -- a breakfast meeting with key legislators and our annual Legislative Day. Please watch for announcements of the dates and times selected. In addition, our Officers and Legislative Committee members will be meeting with legislators and their staffs on a regular basis.

HOT OFF THE PRESSES Three new NYSDAA publications are now available. Our updated 1998 Direc tory of District Attorneys and public officials has just been completed and will be available at the Winter Conference. The Directory has been expanded to include photographs of the District Attorneys and contact information for their Chief Assis tants. Our Training Committee has just printed the first addition of its new training publication featuring articles and important new cases. Finally, a new NYSDAA membership brochure informs the uninitiated about NYSDAA and outlines the benefits of memberbeship. All three publications will be available at the Winter Conference. For additional copies or more information, call Lois Raff at 718 286-6311.

WELCOME NEW DISTRICT AnORNEYS! As of January 1, 1998, there are a number of new District Attorneys serving counties across the State. The Association welcomes Allegany County District Attorney Terrence M. Parker, Cattaraugus County District Attorney Edward M. Sharkey, Cortland County District Attorney Robert T. Jewett, Franklin County District Attorney Andrew G. Schrader, Saratoga County District Attorney James A. Murphy III, Schoharie County District Attorney James Sacket, and Schuyler County District Attorney Joseph G. Fazzary. We look forward to working closely with each of you in the years to come . • Winter 1998