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David Bernstein

@dbernsteinnyc.bsky.social

Public defender in NYC & suburbs since 2006. Deputy Attorney in Charge at The Office of the Appellate Defender. Opinions mine alone.

660 Followers  |  829 Following  |  29 Posts  |  Joined: 18.08.2023  |  1.8802

Latest posts by dbernsteinnyc.bsky.social on Bluesky

This is unreal. This administration continues to find new ways to shock and new lows

19.09.2025 23:35 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Chilling and shameful

23.06.2025 22:30 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 2    πŸ“Œ 0

ACLU’s Know Your Rights library has great resources for people planning to protest this weekend:

www.aclu.org/know-yo...

Stopped by Police: www.aclu.org/know-yo...

Protestors’ Rights: www.aclu.org/know-yo...

Be safe out there.

12.06.2025 20:54 β€” πŸ‘ 117    πŸ” 84    πŸ’¬ 1    πŸ“Œ 4

One of those rare circumstances where the defense and prosecution agree an injustice has occurred, and the judge inexplicably refuses to act. As always, it boggles the mind.

13.05.2025 23:35 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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The Knicks are one win away from their first conference finals appearance in 25 years‼️

13.05.2025 02:18 β€” πŸ‘ 1982    πŸ” 173    πŸ’¬ 78    πŸ“Œ 41

There aren’t enough hours in the day for the grift he wants to squeeze out of being a β€œpublic servant”

11.05.2025 12:15 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Deeply disappointing and disheartening that these powerful firms are so readily giving up this really important work

07.05.2025 01:26 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

And… more about the cruelty currently pulsating through the government.

26.04.2025 02:16 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Hardly surprising that the government had no evidence whatsoever but glad to see a judge calling them out for it in such clear and stark terms.

26.04.2025 02:14 β€” πŸ‘ 6    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Cool, cool. Just as the Executive Branch should be working.

18.04.2025 21:37 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Over on The Hellsite, JD Vance has now functionally called for an end to due process for migrants. His argument is riddled with deceptions, bad faith, and embarrassingly awful logic. I think it needs a real response, so here's what I put up over there.

First, his 20 million number is fiction. 1/

17.04.2025 11:23 β€” πŸ‘ 2528    πŸ” 947    πŸ’¬ 115    πŸ“Œ 145
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BREAKING NEWS

14.04.2025 17:44 β€” πŸ‘ 5128    πŸ” 1364    πŸ’¬ 270    πŸ“Œ 166
We agree with defendants and extend Parks to individuals who were 19 or 20 years old at the time of the crime for which they were convicted.  Our Constitution and caselaw interpreting it requires us to evaluate the proportionality of defendants’ sentences.  To do so, we use the factors laid out in People v Lorentzen, 387 Mich 167; 194 NW2d 827 (1972), and People v Bullock, 440 Mich 15; 485 NW2d 866 (1992), which incorporate evolving standards of decency that mark the progress of a civilized society.  Late adolescents who are 19 or 20 years old, as a class, share with 18-year-olds the same mitigating characteristics of late-adolescent brain development.  The same considerations that were discussed at length in Parks apply equally to this class of late adolescents.  Accordingly, as applied to defendants who were 19 or 20 years old at the time of their crime, a mandatory LWOP sentence that does not allow for consideration of the mitigating factors of youth or the potential for rehabilitation is a grossly disproportionate punishment in violation of Const 1963, art 1, Β§ 16.  Czarnecki and Taylor are, therefore, entitled to be resentenced in the manner set forth in MCL 769.25 and our relevant caselaw.

We agree with defendants and extend Parks to individuals who were 19 or 20 years old at the time of the crime for which they were convicted. Our Constitution and caselaw interpreting it requires us to evaluate the proportionality of defendants’ sentences. To do so, we use the factors laid out in People v Lorentzen, 387 Mich 167; 194 NW2d 827 (1972), and People v Bullock, 440 Mich 15; 485 NW2d 866 (1992), which incorporate evolving standards of decency that mark the progress of a civilized society. Late adolescents who are 19 or 20 years old, as a class, share with 18-year-olds the same mitigating characteristics of late-adolescent brain development. The same considerations that were discussed at length in Parks apply equally to this class of late adolescents. Accordingly, as applied to defendants who were 19 or 20 years old at the time of their crime, a mandatory LWOP sentence that does not allow for consideration of the mitigating factors of youth or the potential for rehabilitation is a grossly disproportionate punishment in violation of Const 1963, art 1, Β§ 16. Czarnecki and Taylor are, therefore, entitled to be resentenced in the manner set forth in MCL 769.25 and our relevant caselaw.

NEW: In a major state con law ruling, the Michigan Supreme Court holds that mandatory life without parole sentences for anyone under age 21 violate the state's ban on "cruel or unusual" punishment -- extending a 2022 case that applied to 18 year olds. 1/ state-law-research.org/wp-content/u...

10.04.2025 16:45 β€” πŸ‘ 232    πŸ” 56    πŸ’¬ 6    πŸ“Œ 8

Blatantly and unapologetically illegal conduct from federal agents here.

10.04.2025 01:45 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Inexplicable that neither @cnn.com nor @msnbc.com is covering the #handsoff2025 protests.

05.04.2025 18:50 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Shameful.

05.04.2025 18:26 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

So much winning!

03.04.2025 20:17 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

The cruelty is the point

02.04.2025 23:28 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

This thread reveals the absolutely terrifying way ICE is deciding who to deport without due process. Chilling.

30.03.2025 19:59 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

In any decent world, making a video with a backdrop of unconsenting prisoners in an inhumane cage would not only get you fired & possibly jailed yourself.

It would also cause you to be shunned by every remotely moral person in your community.

We are governed by the worst of the worst.

27.03.2025 02:22 β€” πŸ‘ 248    πŸ” 68    πŸ’¬ 14    πŸ“Œ 2

Terrifying but not at all surprising.

20.03.2025 12:50 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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62 years ago today, the Supreme Court ruled that β€œlawyers in criminal courts are necessities, not luxuries” in the #SCOTUS case, Gideon v. Wainwright. While this was an incredible win for civil rights at the time, immigrants facing deportation were excluded from the right to legal representation.

18.03.2025 20:18 β€” πŸ‘ 5    πŸ” 4    πŸ’¬ 1    πŸ“Œ 0
Preview
Scoop: State Dept. to use AI to revoke visas of foreign students who appear "pro-Hamas" The effort includes AI-assisted reviews of tens of thousands of student visa holders' social media accounts and marks a dramatic escalation in the U.S. government's policing of foreign nationals' cond...

This should terrify every person in this country. The use of machine learning systems to approximate an individuals views on war and then, if they are here lawfully on a visa, tag them for deportation is about as sci-fi dystopian as it gets.

www.axios.com/2025/03/06/s...

13.03.2025 12:09 β€” πŸ‘ 5202    πŸ” 2435    πŸ’¬ 166    πŸ“Œ 316
11.03.2025 02:03 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

So the illegal strikes that violated law and defied both a court order and the officers’ own union garnered them concessions and some (much?) of what they wanted. This sets a great precedent. 😞

28.02.2025 11:49 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Horrifying story, the DOCCS Commissioner has a responsibility to investigate and hold all culpable officers accountable.

16.12.2024 23:37 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

This is terrifying for those of us who work in non-profits that even tangentially touch on areas that conservatives dislike or weaponize.

11.11.2024 13:28 β€” πŸ‘ 4    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

Sadly, Gov Hochul vetoed legislation that would #RestoreAppellateReview in cases where police officer misconduct was litigated at a suppression hearing but the case later disposed by guilty plea with an appeal waiver- presumably due to opposition from prosecutors. Shameful.

23.12.2023 19:21 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

Incarcerated persons in NY are subjected to unfathomable conditions that would shock the conscience of most citizens. Heartening to see a focus on rectifying some of that, even if it only gets at a small sliver of the injustices that regularly occur.

07.12.2023 14:28 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

@dbernsteinnyc is following 19 prominent accounts