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What Comes Next?

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On August 20th, 2018, Governor Cuomo signed into law a bill that created the nation’s first state commission on prosecutorial conduct (the “Commission”). Since its inception, the law has elicited strong opposition from prosecutors and prosecutorial groups and equally fervent advocacy among members of the New York defense bar and other supporters. Supporters claim that the law is an invaluable tool in the fight against unethical prosecutorial conduct, while opponents such as the District Attorneys Association of the State of New York (“DAASNY”) claim that the law violates both the New York State and U.S. Constitution. On October 17, 2018, DAASNY was joined by David Soares, president of DAASNY representing all district attorneys, and Robert J. Masters, an assistant district attorney in Queens County representing all assistant district attorneys in the state of New York, in filing a legal challenge to the law. The complaint, filed in the Albany County Supreme Court, seeks declaratory as well as injunctive relief.



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