Andy Fine Honored by NY State Defenders for Outstanding Devotion to Clients, Persistence, Compassion and Sense of Justice
TUESDAY, JULY 20, 2010
Andrew Fine

Andrew Fine, Director of the Court of Appeals Practice in the Criminal Appeals Bureau, has been selected as the recipient of the 2010 Wilfred R. O'Connor Award of the New York State Defenders Association. Andy is being honored for his outstanding devotion to clients, his extensive work on Crawford v. Washington, post-Apprendi trial rights, and his challenge to the persistent felony offender statute. The award will be presented at the NYSDA annual meeting in Saratoga Springs July 25-27.

In March, the United States Court of Appeals for the Second Circuit struck down New York's persistent felony offender law as unconstitutional. Andy has challenged the statue at the New York Court of Appeals and the Second Circuit for a number of years. He has argued that the New York persistent felony statute unconstitutionally deprives a defendant of the right to have each fact that increases the maximum penalty that a defendant potentially faces submitted to a jury and proved beyond a reasonable doubt. Fine has also lectured on the subject at many CLE presentations and in written practice guides.

In 2008, CAB staff attorneys Kerry Elgarten and Elon Harpaz were honored by the NYSDA.