People v. Basile

Brief for Amici Curiae National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers.

Brief filed: 04/23/2015

Documents

People v. Basile

New York Court of Appeals; Case No. 2015-534

Prior Decision

Case below 970 N.Y.S.2d 658 (Queens Criminal Index No. 2007QN068755).

Argument(s)

Conviction under § 353 requires proof beyond a reasonable doubt that the defendant acted with a culpable state of mind. Section 353 must be construed to require mental culpability. There is no indication of clear legislative intent to make § 353 a strict liability offense. Current legislative initiatives reflect a consensus that § 353 has a mens rea requirement. The appellate term’s reliance on A.M.L. § 43 is misplaced because § 353 is not a public welfare and regulatory law. The trial court’s failure to provide a proper jury instruction was not harmless error and warrants reversal of Mr. Basile’s conviction.

Author(s)

Mark D. Harris, Chantel L. Febus, Matthew v. Rotbart, Edqard J. Canter, Proskauer Rose LLP, New York, NY; Richard D. Willstatter, Green & Willstatter, White Plains, NY.