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New York Criminal Attorney Blog

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New York Appellate Division Finds Weight of the Evidence Sufficient in Recent Homicide Case

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…

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New York Appellate Division Affirms Lower Court Decision in Homicide Case, Rejecting Defendant’s Appeal

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…

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New York Intoxication Defense – Defendant in Assault Case Successfully Argues Jury Should Have Considered Intoxication When Deciding Guilty Verdict

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…

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New York Appellate Division Reverses Burglary Conviction After Illegal Automobile Search

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…

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Criminal Defendant in New York Unsuccessfully Appeals Use of DNA From 1984 Case

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…

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Facing Drug Charges, New York Defendant Argues Warrants Were Insufficient to Support Officers’ Search of His Home

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…

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THE CONCEALED CARRY IMPROVEMENT ACT WHERE WE STAND FOUR MONTHS LATER

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…

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New York Court of Appeals Sides with Defendant and Suppresses Incriminating Statements

Earlier this month, an appellate court in New York ruled in favor of a defendant after he was found guilty of both criminal possession of a weapon and  possession of controlled substances. On appeal, the defendant argued that the lower court was incorrect when it decided to admit incriminating statements…

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