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New York Criminal Attorney Blog

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New York Court Denies Defendant’s Appeal in Drug and Firearm Case, Despite Argument Citing Newly Enacted Marijuana Law

In a recent case coming out of a New York court, the defendant appealed his guilty conviction for criminal possession of a weapon in the second degree. Officers searched for this weapon only because they had previously smelled marijuana in the defendant’s car, making them suspicious of additional drug or…

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New York Court Denies Defendant’s Appeal in Drug Case, Relying on Automobile Exception to the Warrant Requirement

In a recent opinion from a New York court in a New York drug case, the defendant’s appeal of his conviction for drug possession was denied. Originally, the defendant was arrested after officers found heroin in his vehicle, but he filed a motion to suppress the incriminating evidence. The lower…

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New York’s Highest Court Determines that Two Hour Rule For Breath Tests is not Applicable to Revocation Hearing

In a recent New York DWI  case coming out of the New York Court of Appeals, New York’s highest Court, the defendant lost his appeal challenging the court’s previous decision to take away his license. Previously, the defendant had refused a chemical test when an officer pulled him over for…

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Defendant’s Challenge to DWI and Assault Convictions is Rejected by Appellate Division

An arrest for driving while intoxicated (DWI) can be a serious charge with serious consequences in the event of a conviction. If an intoxicated driver also injures another person in an accident while driving under the influence, they may be charged with criminal assault as well as the DWI offense.…

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