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Articles Posted in ASSAULT AND BATTERY

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New York Court Precludes Evidence of Defendant’s Psychiatric Evaluation Based on Failure to Provide Adequate Notice

Earlier this month, a state appellate court issued a written opinion in a New York robbery case involving a defendant who confessed to robbing a car at gunpoint. The case required the court to determine if the trial court properly excluded evidence suggesting that the defendant was “bipolar, with psychotic…

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New York Self Defense Establishing the Defense of Justification in New York Criminal Cases

When it comes to New York assault cases, or homicides there are a number of  defenses that someone charged with the offense can assert. An affirmative defense is a defense which the person accused of a crime has the burden of proving by a preponderance of the evidence.  A defense,…

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New York Appellate Court Upholds Admission of Recorded Jailhouse Phone Call Between Defendant and Girlfriend

Understanding which types of evidence can be used against you during a New York criminal investigation or New York criminal trial is extremely important. Having a seasoned and vigilant New York assault defense lawyer at your side throughout the entire process can mean the difference between knowing when to object…

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New York Criminal Jury Trials – Anything Can Happen at a Criminal Trial

As experienced New York Criminal Trial lawyers we understand the risks and potential hazards of going to trial as well as the uncertainty associated with any criminal trial.  However, in a recent felony trial that we conducted in Westchester County Court charging six counts of felony assault, some evidence surprised…

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New York Court of Appeal Reverses Manslaughter Conviction Based on Improper Jury Instructions

One of the most common questions that we receive as New York criminal defense attorneys is, “How are jury members selected?” The law surrounding jury selection is very complex, as the following recent appellate opinion demonstrates. The central issue in this appeal was whether the lower court committed a reversible…

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New York Court of Appeal Upholds Coercion Conviction, Dismisses Appeal Based on Improper Jury Instruction

Understanding the roles that the court and the jury play in a criminal proceeding can be difficult. As seasoned New York criminal defense attorneys, we believe it is critical that our clients know the rules of law that may affect their trial. The following appellate opinion explains why it is…

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