In New York, sex crimes vary in type, degree, and consequences. To know the law and know where you stand, it is important to familiarize yourself with the various elements of each crime. Staying informed and hiring an experienced sex crimes defense lawyer are the best ways to guarantee you…
New York Criminal Attorney Blog
Court Discusses Admissibility of Defendant’s Statements to Police in Recent New York Robbery Case
Recently, a state appellate court issued a written opinion in a New York robbery case involving a defendant’s motion to suppress statements he made to law enforcement. Specifically, the case required the court determine if the defendant’s statements were admissible or whether they were the product of a violation of…
New York Court Refuses to Suppress Drug Evidence Found During Warrantless Vehicle Search
The Fourth Amendment of the Constitution is the amendment that protects individuals against unreasonable searches and seizures at the hands of law enforcement. This constitutional protection is typically understood to require that an officer have a warrant before conducting a search. However, over time the courts have interpreted the Fourth…
New York Court Affirms that Tips Called in to 911 Must Be Reliable to Justify a Warrantless Stop
In many cases, such as gun cases or drug cases, law enforcement agencies rely on the public to report criminal or suspicious activity to the police or emergency phone line. Tips received by police from the public can help an officer form reasonable suspicion that someone has committed, is committing,…
New York Court Denies Defendant’s Request to Suppress Statements Made After Hit and Run Accident
In a recent opinion from a New York court involving a leaving the scene of an accident, the defendant’s motion to suppress was denied. The defendant was convicted of aggravated unlicensed operation of a motor vehicle in the first degree and filed a motion to suppress several statements he made…
IS IT ILLEGAL TO USE A FAKE VACCINE CARD
Vaccine cards have become commonplace in New York, throughout the US and indeed the world. Like everything else of value, there has been a black market in fake vaccine cards that has evolved and has taken hold as the vaccine becomes mandatory in so many places. To make matters worse,…
New York Criminal Court Refuses to Allow Prosecution to Introduce Portable Breath Test Result at DUI Trial
Many of our clients who are charged in New York DWI cases are confused by the differences in the two tests that they may have been offered by the police. Very often, police officers will offer a portable breath test (PBT) to a motorist on the side of the road…
The Importance of Raising Early Challenges to the Admissibility of Evidence in a New York DWI Case
One of the most common defenses to a New York DWI offense is challenging the admissibility of the government’s evidence. When police officers investigate someone for driving under the influence of drugs or alcohol, they must respect the constitutional rights of the motorist. For example, a police officer cannot pull…
New York Court Denies Defendant’s Motion to Suppress Gun
In a recent opinion from a New York court involving a New York gun case, the defendant’s motion to suppress was denied. The defendant was convicted of gun possession in the third degree and filed a motion to suppress the gun found in his coat pocket during the initial 40…
Court Finds Car Stop Unconstitutional in Recent New York Drug Case
Recently, a state appellate court issued an opinion reversing a lower court’s decision which denied a defendant’s motion to suppress the drugs that were recovered in a New York drug case. The case involved a traffic stop conducted by police officers who were investigating information that a vehicle would be…