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New York Criminal Attorney Blog

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Defendant Appeals Drug Conviction, Citing Inadequacy of Arresting Officer’s Original Statement

In a recent New York drug case, the defendant successfully appealed his conviction for drug possession. When the defendant was originally charged in 2018, the officer arresting him failed to provide specific enough information that would allow a court to conclude that the defendant possessed illegal drugs. Because the defendant…

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New York Court Denies Defendant Relief Under Statute Guaranteeing Right to Speedy Trial

We have discussed in past blogs how New York’s speedy trial statute can be effectively used in many criminal cases.  In a recent case coming out of a New York court, the defendant appealed convictions for three misdemeanor counts and three traffic infractions that had arisen in 2014. On appeal,…

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New York Court Denies Defendant’s Appeal in Gun Case, Despite Defendant’s Argument Regarding Plain View Doctrine

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,…

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New York Court Denies Defendant’s Appeal in New York Firearm Case, Rejecting Defendant’s Motion to Suppress Physical Evidence

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…

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New York’s New Gun Laws Part III – Expanded Red Flag Laws and Requirement of Microstamping

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,…

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New York’s New Gun Laws Part II – Licenses for semi automatic rifles and ban on sale and purchase body vests

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…

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