Last month, a state appellate court issued an opinion in a New York attempted murder case, requiring the court to discuss the elements of an “attempt.” The court ultimately found that the defendant’s actions did not constitute an attempt, and vacated his conviction. The Facts of the Case According to…
Recently, a state appellate court issued an opinion in a New York homicide case involving a defendant’s appeal of his conviction. The defendant appealed the lower court’s decision to admit his statement to police in the moments after the murder. However, the appellate court found that there was no error…
Recently, a state appellate court issued an opinion in a New York manslaughter case, affirming the defendant’s conviction after dismissing his challenge to the way in which the prosecution obtained a sample of his DNA. In so doing, the court explained how law enforcement officials can legally obtain DNA evidence…
Earlier this year, a state appellate court issued an opinion in a New York attempted murder case stemming from a shooting outside an apartment complex. The court’s opinion discussed, among other issues, the defendant’s motion to suppress the identification of the defendant made by the complaining witness. Ultimately, the court…
Recently, a state appellate court issued a written opinion in a New York murder case involving the defendant’s challenge to the trial court’s substitution of a member of the jury. Specifically, the defendant claimed that the court failed to follow the proper procedure when determining the sitting juror’s unavailability. The…
When the government brings criminal charges against a defendant, that person may have one or more defenses against the crimes charged. In the case of a New York assault crime or assault related charges, one of the most common defenses is self-defense which in New York is the defense of…
Under the Armed Career Criminals Act (ACCA), federal law provides for enhanced penalties for people convicted of a crime involving a firearm if they have previously been convicted of several “violent felonies.” New York has similar laws that enhance penalties for persistent violent felony offenders and discretionary persistent felony offenders. …
Earlier this month, a state appellate court issued a written opinion in a New York homicide case discussing the obligation that the prosecution has to disclose evidence to the defense. Ultimately, the court reversed the defendant’s murder conviction because it found that the prosecutions’ failure to provide video evidence undermined…
New York criminal defendants enjoy many important constitutional rights, one of which is the right to a jury drawn from a cross-section of society. In the 1986 United States Supreme Court case, Batson v. Kentucky, the Court determined that the defendant was deprived of his constitutional rights when the prosecution…
In May 2019, a state appellate court issued an opinion in a New York homicide case discussing whether the defendant was entitled to a justification, or self-defense, jury instruction. Ultimately, the court concluded that the evidence presented did not support a justification charge, and it rejected the defendant’s claim to…