As we have often discussed, one powerful tool that criminal defense attorneys can employ is the motion to suppress incriminating evidence. When a trial court grants a defendant’s motion to suppress, the jury never sees the evidence that the defendant has asked the court to keep out of the trial…
If you drive on the roads of New York, you are automatically susceptible to police-initiated traffic stops for traffic violations. There is much debate, however, about what circumstances can lead an officer to have “reasonable suspicion” to stop a driver for a traffic stop. Without reasonable suspicion that some law…
If you receive an unfavorable jury verdict in a criminal trial, the good news is that you can appeal that verdict. Sometimes, though, even if the higher court grants your appeal, the State might appeal again, subjecting you to additional waiting and uncertainty. A recent case before the New York…
In courtroom proceedings, part of the judge’s job is to be as impartial as possible. We have written blogs before about Judges being reversed for failing to act in an inpartial manner at trial. In a recent case before a New York court, the defendant argued that the judge failed…
In a recent case before a New York court, the defendant argued that his defense attorney was ineffective in representing him at the trial level. Originally, he was found guilty of both criminal contempt and committing an aggravated family offense, but the defendant thought he was entitled to receive an…
In a recent New York Criminal Assault case which was appealed to the New York Appellate Division, the defendant asked for his guilty conviction to be reversed. Originally, the defendant was found guilty of assault in the second degree after an altercation in a bar one evening. On appeal, he…
New York’s premier second amendment law firm announced that a Massachusetts licensed gun owner who was Mass has very strict gun laws arrested for bringing his licensed pistol into Manhattan won a five-year battle to clear his name yesterday after the Appellate Division ruled that the police violated the gun…
An appellate court recently issued an opinion affirming aggravated assault charges against a New York criminal defendant. Using one accusatory instrument for two separate incidents, prosecutors charged the defendant with harassment in the second degree, and two counts of aggravated harassment in the second degree. The complainant alleged that the…
Throughout the New York criminal trial process, it is not uncommon for comments or evidence to come into the trial that could prejudice either side. Courts take precautions to instruct attorneys and witnesses not to say certain things, and to avoid particular topics. However, the jury will inevitably be exposed…
In a New York criminal jury trial, the judge has several critical roles. In general terms, the judge determines the “rules” by which the trial will be conducted. For example, the judge will resolve all pretrial motions, manages the jury selection process, rules on objections during the trial, and instructs…