Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. II
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. IV

Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. III

Pigott Next up, the Hon. Eugene Pigott, such a great speaker/presenter--main points:

  • Best advice to defense counsel-win early, so need to appeal;)
  • Begin all arguments with "Judge you're out of order, this whole court's out of order!" ;)
  • Timely preservation--important, but does it assist your opponent in making the case?
  • Preservation important to allow the trial judge chance to consider issue, but it's also important for the appellate courts.
  • Find way to get trial judge to allow you to get argument on the record, even where judge insists s/he "understands the argument."
  • Can be difficult to younger attorneys, no matter how knowledgeable, to convince a judge, so you have to assert yourself.
  • Judge Pigott reviews applications himself.
  • Jokingly claims he grants all 4th Department applications;)
  • A mistake ADA's tend to make is to fail to respond to leave applications--generally in other departments, of course, not the 4th Dept.
  • Lawyers work too hard and get too myopic--need to look at the big picture/statewide implications
  • Attach exhibits to leave applications if relevant
  • Attach stuff to appellate briefs as well, rather than requiring judges to thumb through record
  • Get out of "your lawyer suit"--be imaginative.
  • Follow rules-don't violate them-but don't be confined by them.

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