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,…
One set of tools that defendants can use throughout the course of their litigation is psychological testing and accompanying expert opinion. For some defendants, if a qualified expert can testify that the defendant is not at high risk of re-offending, the court will sentence the defendant more leniently. In one…
When an individual is charged with assault, the proceedings can take many different forms. It can depend, in part, on what kind of assault the State alleges the defendant committed. In an opinion that recently came out of an appeals court in New York, the court discusses the difference between…
A New York court recently issued an interesting opinion dealing with the sex offender registry, and its opinion highlights a technical question that can have significant impacts on defendants convicted of sex crimes. The question before the court had to do with a specific defendant’s status on the sex offender…
A September 2024 Grand Larceny case in New York demonstrates how crucial it is to carefully review every agreement you sign related to your criminal offense. The case was based on the theft of a cell phone, and it originally resulted in a sentence of one year in prison. The…
In New York, the prosecution in a criminal case is generally unable to present evidence of a defendant’s prior crimes or bad acts. There are, however, exceptions to this rule, and courts can admit otherwise inadmissible evidence using one of the exceptions laid out in the rules of evidence. As…
In criminal trials, juries must reach unanimous verdicts, which means all jurors must find a defendant guilty in order for the defendant to receive a guilty verdict. In a perfect world, jurors are able to deliberate and come to a verdict without the influence of the judge’s opinion regarding the…
As we have written extensively, discovery is a large part of the criminal process. In a recent case before a New York appeals court, the parties asked the court to address whether certain changes to New York procedural standards, that is the new discovery laws, affected cases that were already…