N.D.N.Y. L. R. Cr. P. 23.1

(a) It is the duty of the lawyer or law firm, and of non-lawyer personnel employed by

a lawyer’s office or subject to a lawyer’s supervision, private investigators acting under the

supervision of a criminal defense lawyer, and government agents and police officers, not to

release or authorize the release of non-public information or opinion which a reasonable person

would expect to be disseminated by means of public communication, in connection with pending

or imminent criminal litigation with which they are associated if there is a substantial likelihood

that such dissemination will interfere with a fair trial or otherwise prejudice the due

administration of justice.

(b) With regard to a grand jury or other pending investigation of any criminal matter,

a lawyer participating in or associated with the investigation (including government lawyers and

lawyers for targets, subjects, and witnesses in the investigation) shall refrain from making any

extrajudicial statement which a reasonable person would expect to be disseminated by means of

public communication that goes beyond the public record or that is not necessary to inform the

public that the investigation is underway, to describe the general scope of the investigation, to

obtain assistance in the apprehension of a suspect, and to warn the public of any dangers or

otherwise to aid in the investigation if there is a substantial likelihood that such dissemination

will interfere with a fair trial or otherwise prejudice the administration of justice.

(c) During a jury trial of any criminal matter, including the period of selection of the

jury, no lawyer or law firm associated with the prosecution or defense shall give or authorize any

extrajudicial statement or interview relating to the trial or the parties or issues in the trial which a

reasonable person would expect to be disseminated by means of public communication if there is

a substantial likelihood that such dissemination will interfere with a fair trial; except that the

lawyer or the law firm may quote from, or refer without comment to, public records of the Court

in the case.

(d) Statements concerning the following subject matters presumptively involve a

substantial likelihood that their public dissemination will interfere with a fair trial or otherwise

prejudice the due administration of justice within the meaning of this Rule:

1. The prior criminal record (including arrests, indictments or other charges of

crime), or the character or reputation of the accused, except that the lawyer or law

firm may make a factual statement of the accused’s name, age, residence,

occupation and family status; and if the accused has not been apprehended, a

lawyer associated with the prosecution may release any information necessary to

aid in the accused’s apprehension or to warn the public of any dangers the

accused may present;

2. The existence or contents of any confession, admission or statement that the

accused has given, or the refusal or failure of the accused to make any statement;

3. The performance of any examinations or tests or the accused’s refusal or failure to

submit to an examination or test;

4. The identity, testimony or credibility of prospective witnesses, except that the

lawyer or law firm may announce the identity of the victim if the announcement is

not otherwise prohibited by law;

5. The possibility of a plea of guilty to the offense charged or a lesser offense;

6. Information the lawyer or law firm knows is likely to be inadmissible at trial and

would, if disclosed, create a substantial likelihood of prejudicing an impartial

trial; and

7. Any opinion about the accused’s guilt or innocence or about the merits of the case

or the evidence in the case.

(e) Statements concerning the following subject matters presumptively do not involve

a substantial likelihood that their public dissemination will interfere with a fair trial or otherwise

prejudice the due administration of justice within the meaning of this Rule:

1. An announcement, at the time of arrest, of the facts and circumstances of arrest

(including time and place of arrest, resistance, pursuit and use of weapons), the

identity of the investigating and arresting officer or agency and the length of the

investigation;

2. An announcement, at the time of seizure, stating whether any items of physical

evidence were seized and, if so, a description of the items seized (but not

including any confession, admission or statement);

3. The nature, substance or text of the charge, including a brief description of the

offense charges;

4. Quoting, or referring without comment to, public records of the Court in the case;

5. An announcement of the scheduling or result of any stage in the judicial process,

or an announcement that a matter is no longer under investigation;

6. A request for assistance in obtaining evidence and the disclosure of information

necessary to further such a request for assistance; and

7. An announcement, without further comment, that the accused denies the charges,

and a brief description of the nature of the defense

(f) Nothing in this Rule is intended to preclude the formulation or application of

more restrictive rules relating to the release of information about juvenile or other offenders, to

preclude the holding of hearings or the lawful issuance of reports by legislative, administrative or

investigative bodies, or to preclude any lawyer from replying to charges of misconduct that are

publicly made against said lawyer.

(g) The Court, on motion of either party or on its own motion, may issue a special

order governing such matters as extrajudicial statements by parties and witnesses likely to

interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct

in the courtroom of spectators and news media representatives, the management and

sequestration of jurors and witnesses and any other matters which the Court may deem

appropriate for inclusion in such order. In determining whether to impose such a special order,

the Court shall consider whether such an order will be necessary to ensure an impartial jury and

must find that other, less extreme available remedies, singly or collectively, are not feasible or

would not effectively mitigate the pretrial publicity and bring about a fair trial. Among the

alternative remedies the Court must consider are as follows: change of venue, postponing the

trial, a searching voir dire, emphatic jury instructions, and sequestration of jurors.

(h) The Court may take disciplinary action against any attorney who violates the

terms of this Rule.