As it turns out, New York City has been arresting hundreds of people under a law declared unconstitutional over a decade ago. The issue (which many defense lawyers and prosecutors inside the courthouse knew about) broke when someone finally did something—in this case filed a federal lawsuit.
New York Times coverage here
New York Daily coverage here.
Interestingly the DA’s have already admitted liability in the case, but argue that someone should have said something. Well guess what? They did---over and over. In fact—not only were the zealous defense lawyers repeatedly asking for dismissal in open court, some even filed written motions (complicated for reasons I can explain later). And what happened to the written motions?
The prosecutors opposed them, and (in at least one case I’m told) none other than Judge Ralph Fabrizio –the same judge who issued the outrageous decision I blogged about yesterday, DENIED a dismissal even though the motion cited the federal case that had held the statute unconstitutional.