Kramer Levin Assists in The Legal Aid Society Victory

Earlier this year, Kramer Levin assisted The Legal Aid Society in preparing an amicus brief in support of defendants-appellants in three criminal cases accepted for review by the New York Court of Appeals. In all three cases, the defendants were denied the opportunity to impeach key police officer witnesses based on prior bad acts alleged in civil rights complaints filed against the officers. On June 28, the New York Court of Appeals issued a decision adopting Legal Aid’s analysis and applying the precise principle of law advocated in the amicus brief. Underscoring that longstanding case law requires “that law enforcement witnesses . . . be treated in the same manner as any other prosecution witness for purposes of cross-examination,” the Court agreed that trial courts may abuse their discretion, “effectively impos[ing] an improper categorical prohibition against permissible cross-examination,” by prohibiting defendants from impeaching such witnesses based on prior bad acts alleged in civil rights complaints filed against them. Finding an abuse of discretion in at least two of the three cases under review, the Court conducted a harmless error analysis and reversed one of the convictions because it hinged primarily on the officer’s testimony, and remanded for a new trial.

The Kramer Levin team consisted of Litigation partner David S. Frankel, special counsel Marjorie E. Sheldon and associate Kurt M. Denk, with help from Litigation associates Leah S. Friedman, Max J. Goldman and Michael A. Cohen, and paralegal Jennifer Brevaire.

A slip copy of the decision is available here.