Criminal defendants in the State of New York may often feel like they are playing Russian roulette with all of the variables affecting their case which may be out of their control. The assignment of a certain prosecutor, judge, or jury to a case can have an outsized influence on…
New York Criminal Attorney Blog
The Process of Applying for a Gun Permit in New York City
In the state of New York, it is necessary to have a permit in order to carry or possess a handgun. The process of applying for a gun permit can be daunting, but we’re here to help. Keep reading to learn more about the steps you need to take…
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…
New York Court of Appeals Affirms Lower Court Decision, Rejecting Defendant’s Appeal
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…
New York Supreme Court Sides with State in DWI Case
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…
New York Court Denies Defendant’s Appeal in Firearm Case, Despite Argument that Warrant Was Unauthorized
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…
New York Court Denies Defendant’s Appeal in Aggravated Vehicular Assault Case
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,…
Court Denies Appeal in New York Gun Crime Case, Rejecting Defendant’s Motion To Suppress Physical Evidence
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,…
New York Court Grants Defendant’s Appeal in New York Criminal Case, Affirming Defendant’s Motion To Suppress Physical Evidence
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 Confrontation Clause of the US Constitution and Criminal Law
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.”…