An individual charged and convicted upon a guilty plea of a New York weapons offense recently appealed his conviction based on a constitutional violation of his rights. The accused argues that the trial court erred in failing to suppress evidence that his parole officer recovered during searching the man’s home.…
As we reported in our blog on March 31, 2021, we won a five year battle to get a New York gun charge dismissed based upon an illegal search. State and federal law as well as the US Constitution provide that all citizens enjoy the right to be free from…
Earlier this year, a state appellate court issued an opinion in a New York gun case involving what the prosecution called a valid inventory search. However, the court rejected the prosecution’s characterization of the police officers’ search of the defendant’s vehicle as an inventory search, suppressing the evidence found in…
Recently, the United States Supreme Court heard oral argument in a case, important to New York Criminal defense lawyers, requiring the court to determine if the “community caretaking” function of police officers allows them to enter a private resident’s home. While the Court has not yet issued an opinion in…
As New York’s Premier Second Amendment lawyers we eagerly awaited President Joe Biden’s Executive Orders today so we can analyze its effect on our clients. In reality, today’s announcement had no effect on our clients and really had no effect on any gun owners. The only people affected seem to…
Recently, a state appellate court released an opinion in a New York gun case requiring the court to determine if the officers’ search of the defendant’s car, which was parked outside his home, was within the scope of the search warrant. Ultimately, the court determined that the defendant’s car was…
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…
Earlier this month, a state appellate court issued an opinion in a New York firearms case, reversing the lower court’s decision to grant the defendant’s motion to suppress. The case required the court to determine whether the police officers’ actions leading to the defendant’s tossing of the gun were justified.…
After our recent win in an ill-conceived Mossberg Shockwave prosecution earlier this year we would have thought that the issue of the legality of “Other” weapons in New York would be resolved. However, rumors started spreading late last week that a New York Licensed gun store owner and licensed dealer…
An appellate court recently issued a decision reversing a New York criminal defendant’s conviction for Criminal Possession of a Weapon. The defendant unsuccessfully moved to suppress evidence, the sawed-off shotgun, found to charge him with the crime, and the jury found him guilty. Amongst other issues, the defendant challenged the…