In a New York criminal case, an experienced criminal defense lawyer will often file what’s called a motion to suppress, asking the trial court to exclude incriminating evidence from the trial record based upon the fact that the evidence was unlawfully obtained by law enforcement. If the trial court denies…
Video evidence has become increasingly common and increasingly important in criminal cases. In New York, criminal defense attorneys can request that a court give something called an “adverse inference” in situations where the prosecution acts inappropriately by failing to preserve evidence. This means that the defendant can ask the court…
In both the state of New York and the United States more broadly, criminal defendants have the right to an attorney. If they cannot afford an attorney, the court will appoint an attorney for them. Defendants do have the option, though, of requesting to appear pro se, meaning they can…
Sometimes, if a jury finds a defendant guilty of a crime like sexual assault or any other criminal offense, the defendant will later argue that the verdict was “against the weight of the evidence” at trial. This essentially means that the defendant wants to claim that the jury did not…
Protecting your rights starts before you ever need to use your firearm. If you own a gun in New York, you already know the laws are complex, strict, and sometimes unforgiving. Even if you do everything right, a single moment of defending yourself or your family can turn into a…
If you have been charged with a violent crime in New York, including assault, assault and battery, or a firearms charge, there may be grounds to argue that there is an issue of identity in the case against you. In a recent case in a New York court, the defendant…
The United States Constitution provides that the defendant has no duty to present any evidence showing that they didn’t commit a crime because it’s the government burden to prove guilt; not the defendant’s burden to prove their innocence. However, when thinking through litigation strategy in any realm, it is important…
In a recent drug case before the New York Appellate Division, Second Department, the defendant asked the court to reconsider the lower court’s denial of his motion to suppress the evidence that he was arrested in possession of. Originally, the defendant was convicted of criminal possession of marijuana and criminal…
We have written extensively about the rights of citizens involved in street encounters with the police and the four tiers of intrusion based upon the level of suspicion that the police have. According to New York law, an officer may rightfully frisk a person when the officer has a “reasonable…
When a police officer suspects that he witnesses the exchange of drugs for sale, can he arrest a suspect even if he’s unable to confidently identify the object that changed hands? According to New York case law, the answer is yes. A recent case before the New York Appellate Division,…