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NYSACDL
micus Curiae
Committee Update By Richard Willstatter and Timothy P. Murphy,, Amicus Curiae Committee Co-Chairs
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n September, the NYSACDL Amicus Curiae Committee filed a letter/ brief in the New York State Court of Appeals in People v Nolis Ogando, APL 2020-00052. Our brief was authored by Rochester appellate attorney, David Abbatoy. The brief was joined by a number of amici: the New York State Defenders Association, the Chief Defender’s Association of New York, the Center for Appellate Litigation and the Monroe County Public Defender’s Office. The brief addressed the propriety of waivers of appeal, arguing that it was time for the Court to overrule the seminal appeal waiver decision, People v. Seaberg, 74 NY2d 1 (1989), where the Court first approved of courts utilizing appeal waivers. The Ogando case is being considered by the Court along with a number of other defendants’ cases from across the state in follow up to the Richard D. Timothy P. Court’s recent decision in People v. Thomas, 34 NY3d 545 (2019), where three Willstatter is a Murphy, Esq. is an appeal waivers containing false information were considered. criminal defense Assistant Federal lawyer in West- Defender, WDNY, NYSACDL also recently joined an amicus brief filed by Families Against chester County. a formerly chief appelMandatory Minimums in the rehearing en banc of a Second Circuit panel’s past-president of late attorney for the decision, United States v. Scott, 954 F.3d 74 (2d Cir. 2020), finding that New NYSACDL and a Legal Aid Society of York first-degree manslaughter is not a predicate crime of violence for purmember of the Board Buffalo, and a poses of the Armed Career Criminal Act (“ACCA”) or the Career Offender of NACDL. Vice-President of Sentencing Guideline because it can be committed by complete inaction and, NYSACDL. therefore, without the use of force. The Panel decision was written by Circuit Judge Rosemary Pooler joined by Judge Leval with Judge Raggi dissenting. The The Amicus Curiae Committee can be contacted if you have, or learn of, a matter in government’s petition for rehearing was which our participation is solicited. However, members are reminded to contact us as granted, so soon the en banc set of all early as possible in the course of the case because it does take time to recruit an author, active Second Circuit Court Judges will prepare, edit, print, copy and file a brief. hear the case. Our brief was authored Continued on next page Atticus | Volume 33 Number 1 | Winter 2021 | New York State Association of Criminal Defense Lawyers
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