In a case before the New York Appellate Division in late November, the defendant asked the court to reconsider his 2016 guilty conviction. Originally, the defendant was charged with both murder in the second degree and criminal possession of a weapon in the second degree. A jury found him guilty…
Recently, a defendant in New York appealed his guilty conviction for attempted murder and criminal possession of a weapon. On appeal, the defendant argued that during trial, the prosecution inappropriately introduced evidence of a 911 call from the victim’s mother. The call, argued the defendant, was hearsay, and it should…
A New York State Supreme Court Justice ruled last week that New York’s Extreme Risk Protection Order laws, often called Red Flag laws are unconstitutional and declined to issue an Extreme Risk Protection Order (ERPO). As we have written in the past, extreme risk protections have become very popular in…
In a recent New York criminal case, the appellate court affirmed the trial court decision, establishing that the finding and verdict at trial by the jury was not against the weight of the evidence. The defendant was initially arrested and charged with manslaughter in the second degree and endangering the…
In a recent New York criminal case, the New York Appellate Division affirmed the trial court decision, finding that the court had properly denied the defendant’s omnibus motion to suppress statements. Further, the appellate court denied the defendant’s claims that the lower court acted with improvidence by allowing the State…
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…
The Fourth and Fourteenth Amendments to the U.S. The Constitution prohibits law enforcement officers and other government agents from conducting an illegal search or seizure of persons or property in furtherance of a criminal investigation or prosecution. New York’s state Constitution contains similar provisions. Generally, these Constitutional protections require law…
In a recent murder case before a New York trial court, the defendant argued that evidence relating to a 1984 murder should not have been entered into the court record. The evidence, brought forward by a team of investigators from the State, used DNA from the murder victim to narrow…
In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the officers’ search warrants were invalid and…
Just about one week after the United States Supreme Court delivered its ground breaking decision in Bruen affirming the Constitutionally protected right to carry a gun in public and addressing the sanctity of the Second Amendment, Governor Hochul and the New York State Legislature convened an extraordinary legislative session and…