In a recent New York criminal defense case, a New York Appellate Court affirmed the trial court decision, finding that the court had properly denied the defendant’s motion to suppress evidence in a case involving illegal possession of guns and illegal possession of drugs. In the appeal, the defendant challenged…
In a recent New York DWI case that came before the Appellate Division of the Supreme Court, the defendant argued that his criminal convictions should be reversed because the police officers did not give him adequate Miranda warnings before interrogating him about his charges. On appeal, the court looked at…
In a recent opinion issued by an appellate court in New York, the defendant’s appeal of his sale of firearm conviction was denied. Originally, the defendant was charged with sale of a firearm in the first degree and criminal sale of a firearm in the second degree. A jury found…
Recently, an appellate court in New York ruled on a defendant’s appeal in a case involving assault, manslaughter, and reckless endangerment. The defendant in this case argued that the search warrant leading officers to incriminating evidence against him was invalid and that his guilty verdict should be reversed. On appeal,…
In a recent New York case involving the illegal possession of a firearm, the court denied the defendant’s motion to suppress physical evidence. In the appeal, the defendant argued that the initial police pursuit of the defendant that led to the recovery of the evidence in question was not legal,…
In a recent New York criminal case, the defendant successfully filed a motion to suppress physical evidence. The defendant was charged with robbery in the second degree, robbery in the third degree, grand larceny in the fourth degree (five counts), criminal possession of stolen property in the fourth degree (four…
The US Constitution protects many rights of Americans accused of crimes. One of the critical protections of the Constitution is the confrontation clause. The Confrontation Clause is included in the 6th Amendment and states in pertinent part: “the accused shall enjoy the right…to be confronted with the witnesses against him.”…
In a recent New York criminal assault case, the defendant unsuccessfully appealed his conviction of assault in the first degree. In the appeal, the defendant argued that the prosecution failed to prove his guilt by legally sufficient evidence because his intoxicated state when the crime was committed rendered him incapable…
Earlier this month, a federal court in New York issued an opinion in a burglary and larceny case, ruling on the defendant’s appeal of his motion to suppress. According to the defendant, the lower court had mistakenly denied his motion to suppress physical evidence as well as statements he made…
Recently, the New York Appellate Division, Third Department issued an opinion in a case involving a defendant’s attempt to reverse his conviction for a gun crime. On appeal, the defendant asked the court to review the evidence from trial and come to the conclusion that there was insufficient evidence to…