Recently, a state appellate court issued an opinion in a New York burglary case discussing the defendant’s motion to suppress evidence of an identification made by a law enforcement officer. Ultimately, the court concluded that the procedures used by police to conduct the identification were “unduly suggestive,” agreeing with the…
In a recent opinion from a New York court, the defendant in a child sexual assault case lost his appeal after he attempted to argue that the prosecution had behaved unfairly during his trial. The court disagreed, reviewing the prosecutor’s conduct and concluding that it was all acceptable. The defendant’s…
In a recent New York gun case, the court in its decision denied the defendant’s appeal. Originally, the defendant was convicted of criminal possession of a weapon after he had an altercation with a woman on the side of the road. On appeal, he argued that there was not enough…
Recently, a New York court considered a defendant’s appeal that too much time had elapsed between his DWI charges and the date of the trial that resulted in his guilty verdict which was a violation of his statutory and constitutional speedy trial rights. The defendant argued that his original guilty…
In a recent New York drug case, the defendant’s attempt to appeal his guilty verdict was unsuccessful. On appeal, the defendant argued that the lineups used to identify him as a drug dealer were not in line with proper procedures, and thus that the decision should be reversed. The court…
We wrote a very popular blog about whether you can take your lawfully possessed pistol on vacation with you in Puerto Rico, subsequent to the easing of gun laws in Puerto Rico. Now we explore the gun laws in the US Virgin Islands and in particular whether you can take…
In a recent New York case involving a defendant who was convicted of possession of a controlled substance and criminal possession of a weapon, the court reversed the original lower court’s guilty verdict. On appeal, the defendant argued that incriminating evidence found by police officers should have been suppressed since…
New York criminal law has a large number of crimes related to illegal gambling on the books. Beginning January 8, 2022, the New York gaming commission gave their approval to four operators to start taking online bets from anywhere in the State including from a person’s own living room a…
As New York gun rights attorneys we are carefully monitoring an increasing regulatory environment of everything related to firearms and an increasing number of gun owners who are receiving letters from law enforcement. Recently we were consulted by a person who received a letter from the Federal Bureau of…
In October we wrote an extensive blog about the legality of 80% Lowers in NY and indicated at that time that the law in New York could be changing on eighty percent lowers because legislation was pending in Albany. Well later the same day that we here at Tilem &…