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Articles Posted in GUN CRIMES

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New York Appellate Court Reverses Gun Charge Based on Improper Admission of Unlawfully Seized Evidence

 In many situations, it is best to  seek guidance from an experienced New York criminal lawyer as early in the process as possible.  The authorities do not always have your best interests in mind, whereas a criminal defense lawyer can advise you of your rights at each step of the process.…

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New York Appellate Court Upholds Sentence in Sexual Assault Case, Noting that the Defendant Failed to Preserve Key Objections

One of the most nerve-wracking and stressful phases of any trial is the sentencing phase. During this portion of the trial, a sentencing judge will consider a wide variety of factors in determining whether the defendant must face incarceration or other penalties. There are many rules that apply to sentencing…

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Appellate Court Reverses Manslaughter Charge Based on Improper Jury Instructions

One of the most critical aspects of a criminal trial is providing instructions to the jury before they begin their deliberations. Before the jury is instructed, the prosecution and defense can consult with the judge about the instructions that they believe should be provided. Whether the jury is instructed about…

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Is the Mossberg Shockwave (and or the Remington Tac-14) Legal in New York? Surprisingly Yes, I Think

As New York Firearms Lawyers we are often asked about the legality of certain specific guns in New York given the very complex laws about what firearms may be owned in New York.  A relatively new pair of firearms present some very interesting legal issues given the current state of…

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New York Gun Lawyer Mentioned in NRA-ILA Newsletter

In a  recent NRA-ILA article about the Stossel documentary that the NRA Institute for Legislative Action suggests supports the need for national concealed carry  reciprocity, Tilem & Associates senior partner Peter H. Tilem was quoted and described as a criminal lawyer who represents tourists accused of “innocently violating New York’s…

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New York Court of Appeal Upholds Murder Conviction Despite Lower Court’s Jury Instruction Error

One of the most common issues to arise in a criminal case is whether a certain piece of evidence can be used during a trial. Although there are protocols regarding how the prosecution must maintain evidence and preserve the chain of custody, sometimes evidence is mishandled or lost. This creates…

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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 Burglary Conviction, Rejects Challenge to Use of Annotated Exhibits During Final Argument

Technology has made our lives easier in many ways, but it has also raised novel issues regarding how technology can be used during a trial. As seasoned New York criminal defense attorneys, we are prepared to handle these new and developing issues and to ensure that they do not affect…

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New York Appellate Court Overturns Robbery Conviction Based on the Prosecution’s Improper Use of a Social Media Photograph

In a recent appellate opinion, a New York court was asked to decide whether the prosecution had provided an adequate foundation during trial to authenticate a photograph that purportedly depicted the defendant brandishing a gun and money, which was obtained from a social media profile on the internet that allegedly…

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