In a recent New York case involving the illegal possession of a firearm, the court denied the defendant’s motion to suppress physical evidence. In the appeal, the defendant argued that the initial police pursuit of the defendant that led to the recovery of the evidence in question was not legal,…
Recently, the New York Appellate Division, Third Department issued an opinion in a case involving a defendant’s attempt to reverse his conviction for a gun crime. On appeal, the defendant asked the court to review the evidence from trial and come to the conclusion that there was insufficient evidence to…
In a recent case involving a New York gun crime, the defendant unsuccessfully appealed his conviction of attempted criminal possession of a weapon in the second degree. In the appeal, the defendant argued that the officer who found the weapon in question had no right to search his private vehicle,…
In a recent opinion decided in a New York appellate court, the defendant unsuccessfully appealed his New York firearm case. The defendant was originally found guilty of criminal possession of a weapon in the second degree and unlawful possession of pistol ammunition. When evaluating the defendant’s appeal, the court used…
ANY OTHER WEAPONS We have written in the past extensively about the Mossberg Shockwave, Remington Tac-14 and AR-15 others. The basic principle involves a weapon that is not designed to be fired from the shoulder so that it cannot be legally considered to be a rifle or shotgun and is…
EXPANSION OF RED FLAG LAWS On June 6, 2022 Governor Kathy Hochul signed an expansion of New York’s already problematic red flag laws giving the right to file Extreme Risk Protection Petitions to a wide range of health care workers. The list of healthcare workers includes doctors, nurses, social workers,…
New York’s New Type of License – Semi Automatic Rifles Among the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license before purchasing or acquiring a new semiautomatic rifle (other than an “assault rifle“). The intention seems to have…
On June 6, 2022, New York Governor Kathy Hochul signed 10 new gun control measures into law. These laws were hurriedly written and passed and appear to be a knee jerk reaction to the tragedies in Uvalde and Buffalo but will have a heavy impact on the New York Second…
In a recent New York gun crime case decided in a Appellate Court, the defendant unsuccessfully appealed his firearm conviction by arguing that his original arrest was based on unreliable information. His sentence was however reversed on other grounds. According to the defendant, there was insufficient evidence that the informant who…
In a recent New York gun crime case decided by a New York City trial court, one of two defendants filed a motion to suppress incriminating evidence. The court, looking at the circumstances surrounding the case, granted the defendant’s motion after considering the fact that the police officer that found…