Political Party:
Democratic Party
http://www.cyvanceforda.com
Candidate Submitted Biography:
Cy Vance, a graduate of Yale University and Georgetown University Law School, is a former prosecutor and veteran trial lawyer who has served for over a quarter century in the courts, in his community, and in government.
Born and raised in Manhattan in a family dedicated to public service, Cy returned to New York City after law school to become a prosecutor under Robert Morgenthau during the high-crime era of the 1980s. In the Manhattan District Attorney’s office, he handled cases involving murder, organized crime, career criminals, political corruption, and white-collar crime. In one of his most memorable cases, Cy prosecuted the 1986 killing of Susana Jimenez, a Smith Barney employee who was stalked and killed by her ex-fiancé at her workplace. This case sparked Cy’s passion for preventative crime measures, in particular in the field of domestic and intimate partner violence, the only category of crime that has increased in the past 15 years.
As the only candidate with experience in the D.A.’s Office’s legendary Rackets Bureau, which investigates corruption and criminal enterprises, Cy has spent considerable time building and prosecuting cases of white-collar crime. White-collar crime hurts everyone – small business owners, retirees, workers, consumers, colleges, and not-for-profits that help those most in need, and as a prosecutor and trial lawyer who has specialized in white-collar crime for 25 years, Cy has the expertise to build these difficult cases and win convictions.
After leaving the District Attorney’s office, Cy went on to co-found McNaul Ebel Nawrot Helgren & Vance, PLLC, which under his joint leadership became one of the pre-eminent litigation firms in the Northwest. The firm is well known for Cy’s successful class-action suit against the Boeing Corporation on behalf of 29,000 female employees for discriminatory practices towards women.
Recently, Cy served on Governor Paterson’s Commission on Sentencing Reform, which delivered the first serious reform of the outdated Rockefeller Drug Laws which have decimated families and communities all over the state. Cy also serves as a member of the Criminal Justice Council of the New York City Bar Association, the Federal Bar Council, and the New York Council of Defense Lawyers. He is also a member of the Board of Directors of the Fund for Modern Courts, the Sargent Shriver National Center on Poverty Law, and the Alzheimer's Drug Discovery Foundation.
Cy and his wife of 25 years, Peggy McDonnell, a printer and photographer, live on the Upper West Side with their two children, both of whom attended school in New York City. Cy is now a principal at Morvillo, Abramowitz, Grand, Isaon, Anello & Bohrer, P.C., one of the nation’s leading litigation firms.
Question 1: Please explain your legal philosophy in regard to the prosecution and prevention of vehicular crimes. How does your position, if at all, differ from that of the current office of the Manhattan District Attorney. My legal philosophy stems from my political philosophy which is both progressive and liberal. The act of driving a vehicle in Manhattan can be fraught with pitfalls especially given the high traffic volumes and intense concentration of pedestrians at central locations and at peak times. The top priority of the DA must be to ensure public safety. There is no second chance on the road – when a car crashes and someone is killed – no apology, no claim that it was strictly an accident, will ever bring that loved one back. With this grim reality in mind, strong preventative measures must be taken by police and prosecutors with the ultimate goal of reducing incidents of dangerous driving with potentially tragic outcomes.
My plan for the future grants more attention to the area of vehicular safety in several ways. First, the DA’s office must become closer to the communities it services in order to fully understand their needs and concerns. This community-based prosecution concept is critical as prosecutors assigned to cover a community, and who are attuned to the complaints of the members of the community, will be better equipped to work with police to identify and target problem streets or intersections before a tragedy occurs. Second, I have called first among the candidates for a dedicated Vehicular Crimes Unit within the District Attorney's office. Among the focuses of this Unit will be to consider high-risk intersections or traffic zones in particular neighborhoods that have
Question 2: The Bronx and Brooklyn district attorney offices have a Bureau Chief position to oversee vehicular crimes. Do you believe this position is important/necessary and why/why not? I do believe that this position is important and necessary for the Manhattan District Attorney’s office. When I spoke on Vehicular Crime at Cardozo Law School on June 3rd 2009, I discussed my desire to establish a Vehicular Crimes Unit within the District Attorney's office.
This Unit will focus on felony and misdemeanor cases involving traffic fatalities, traffic assaults, reckless driving, and other road violations. Prosecutors designated to the Unit will be trained to address the complex issues specific to vehicular crime and the significance of early intervention against dangerous drivers. First time offenders who disregard traffic laws must be disciplined with the intent to stop them from committing their vehicular crimes again, with deadly results; this strategy must be promoted by both prosecutors and police.
In addition, the members of this Unit will also receive substantial training in the forensics of automobile investigation and crash-site reconstruction, as well as comprehensive legal instruction and training in the complex laws of New York vehicular crime.
Question 3: Data from the State DMV and City DOT show that speeding contributes to roughly 2,400 motor vehicle crashes in New York City each year, nearly three times the number attributed to drunk driving. Would your office proactively work with the NYPD to reduce these types of dangerous driving behavior? Without a doubt, yes, if elected Manhattan District Attorney I would organize the office to work proactively with the NYPD to reduce speeding offenses.
As mentioned above, first time speeding offenders should receive sanctions that actually deter them from committing the crime again in the future, and that we use the power of the law to provide defensive driving education to those who require it. In order to achieve the goal of seriously reducing the number of 2,400 motor vehicle crashes in New York City annually, for its part, the Manhattan District Attorney’s office must be proactive in its approach and work diligently alongside the NYPD.
Question 4: Where appropriate, would your office pursue state-wide legislative reforms in the area of vehicular crimes? As District Attorney I would, as I have done already, explicitly call for legislation to aggressively target repeat vehicular crime offenders and advocate for extreme punishment for repeat offenders. The same offense time and time again should not result in the same level of prosecution – repercussions must increase accordingly. I will work diligently, and as needed with New York City’s advocacy groups, to bring about this legislative change.
Question 5: What efforts, if any, would your office undertake to increase the penalties attached to the offense(s) of vehicular homicide and/or assault in instances where drugs or alcohol are not present? Increasing penalties attached to the offense of vehicular homicide and/or assault in instances where drugs or alcohol are not present is extremely important. For example, a driver operating a car who is knowingly compromised by extreme exhaustion to the point where they can no longer operate their vehicle safely is without question behaving in a dangerous, unsafe, and irresponsible manner, and serious penalties should apply.
Assembly member Robert Sweeney introduced legislation that “[p]enalizes crimes of vehicular assault and vehicular manslaughter as felonies when such crimes are committed while driving with a suspended or revoked license.” I believe that the State Assembly should pursue this legislation. I am also aware of pending legislation which would establish the crime of operating a vehicle while fatigued, where the result of such operation is serious physical injury or death to another person. These are important areas which require further attention by law enforcement and legislators.
Question 6: Please explain your view of the "Rule of Two" and how it may affect your office's handling of vehicular homicide cases. In particular, the offense of Criminally Negligent Homicide. I view the “Rule of Two” as the result of case law which should be modified to reflect the reality that one vehicular crime is fully capable of killing. There is no reason why two traffic violations are necessary in order to support a conviction of criminally negligent homicide. Although in recent years this notion has been applied by the courts in a less strict manner – it is indisputable that it does not take two violations to kill someone. Many violations -- speeding, running a red light, or failing to stop at a stop sign are more than dangerous enough to take a life.
Death by vehicle requires stringent, serious, and methodical on-site investigations by the NYPD and prosecutors. Assistant District Attorneys must work cooperatively with the NYPD and both must be fully trained in forensic accident reconstruction. Preparing our police and prosecutors to handle such cases can vastly improve investigations of traffic deaths. My ultimate goal remains disciplined and sophisticated case-by-case assessments of vehicular crimes. Prosecutors must be trained to take the totality of the circumstances into consideration; this strategy will ensure that the people of New York City are fairly, properly, and justly served.
Submitted by cyvance on Sun, 08/09/2009 - 20:29.
Submitted by cyvance on Mon, 08/03/2009 - 11:58.
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