In a recent opinion involving a New York gun possession conviction, the defendant’s motion to suppress was denied. On appeal, the defendant attempted to establish that the police officers who found a firearm in his backpack did not have the right to search him in the first place. The court…
New York Criminal Attorney Blog
New York Court Denies Defendant’s Appeal in Drug Case
In a recent opinion from a New York court involving a New York drug possession charge, the defendant’s appeal was denied. The defendant made two arguments in hopes of fighting the original guilty verdict: 1) that the confidential informant who provided incriminating information against him was unreliable, and 2) that…
New York Court Partially Sides with Defendant in Drug and Firearms Case
Recently, a New York court denied a defendant’s motion to suppress incriminating statements but granted his request for a new hearing in a drug and firearms case. The defendant had been indicted and tried for possession of firearms and controlled substances, but he appealed the verdict by saying that his…
New York Court Vacates Defendant’s Escape Conviction, Concluding Police Officers Were Not Actually Faced with an Emergency Situation
Recently, a New York court vacated a defendant’s criminal escape conviction after he challenged the lower court’s suppression ruling. Originally, the defendant was convicted after police officers claimed they had no choice but to search the defendant’s drawstring backpack since they were faced with an emergency situation that posed an…
New York Court Denies Defendant’s Motion to Suppress in Drug Case
Recently, a New York court denied a defendant’s motion to suppress incriminating evidence in a drug case. The defendant was originally charged with criminal possession of marijuana: the main evidence used against him in court was marijuana that an officer found after conducting an external canine search of his vehicle.…
RITTENHOUSE CASE SHOWS THE EXTENT TO WHICH PROSECUTORS WILL GO TO PROSECUTE LAWFUL GUN OWNERS
As New York Self Defense lawyers, and as the providers of the only pre-paid legal plan for gun owners available in New York, we actively monitored the Kyle Rittenhouse case with both shock and amazement. Shock at the fact that the case was brought but also amazement at the lengths…
New York Court Denies Defendant’s Motion to Suppress in Recent Gun Case
In a recent opinion from a New York court, a defendant’s motion to suppress was denied. The defendant was charged with criminal possession of a weapon after police arrived at his building to investigate a domestic disturbance. He argued on appeal that the officers who found the gun violated his…
Scathing Dissent Submitted by New York Appellate Judge in Fourth Amendment Case
The Fourth Amendment to the United States Constitution protects residents from unreasonable search and seizure of themselves and their property by law enforcement. The protections afforded by the Fourth Amendment are generally understood to be the strongest when the home of a suspect is involved. The New York Court of…
New York Appellate Division Vacates or Reduces Several Sex Crime Convictions
When juries are given the ability to determine a defendant’s guilt, the stigma of the crimes alleged sometimes plays a larger factor in the jury’s decision than evaluation of the required elements of the crime. Because of this, it is extremely important in the administration of criminal justice that juries…
ARE EIGHTY PERCENT LOWERS LEGAL IN NEW YORK (IT DEPENDS)
As New York’s premier Second Amendment Lawyers we are monitoring pending legislation to criminalize the Click Here For A Critical Update on 80% Lowers in New York possession and sale of 80% (Eighty Percent ) lowers in NY. These unfinished frames have been a recent target of the anti gun…