Recently, a state appellate court released an opinion in a New York gun case requiring the court to determine if the officers’ search of the defendant’s car, which was parked outside his home, was within the scope of the search warrant. Ultimately, the court determined that the defendant’s car was…
New York’s premier second amendment law firm announced that a Massachusetts licensed gun owner who was Mass has very strict gun laws arrested for bringing his licensed pistol into Manhattan won a five-year battle to clear his name yesterday after the Appellate Division ruled that the police violated the gun…
Earlier this month, a state appellate court issued an opinion in a New York firearms case, reversing the lower court’s decision to grant the defendant’s motion to suppress. The case required the court to determine whether the police officers’ actions leading to the defendant’s tossing of the gun were justified.…
An appellate court recently issued an opinion in a defendant’s appeal of his New York murder conviction. At the core of the defendant’s appeal is whether the officers who took him into custody had probable cause to arrest him. Before the police officers took the defendant into custody, they interviewed…
After our recent win in an ill-conceived Mossberg Shockwave prosecution earlier this year we would have thought that the issue of the legality of “Other” weapons in New York would be resolved. However, rumors started spreading late last week that a New York Licensed gun store owner and licensed dealer…
Recently, a state appellate court issued an opinion in a New York Leaving the Scene of an Accident case which required the court to analyze whether a defendant’s statements that were elicited before he was given his Miranda warnings were admissible at trial. Ultimately, the court held that, because the…
An appellate court recently issued a decision reversing a New York criminal defendant’s conviction for Criminal Possession of a Weapon. The defendant unsuccessfully moved to suppress evidence, the sawed-off shotgun, found to charge him with the crime, and the jury found him guilty. Amongst other issues, the defendant challenged the…
Recently, a New York appellate court issued a written opinion in a New York DWI case discussing the defendant’s motion to suppress evidence obtained during what could be characterized as a “wellness check.” Ultimately, the court held that the officer’s actions were justified, and denied the defendant’s motion. The Facts…
In most cases, driving while intoxicated (DWI) charges come after police notice a motorist driving erratically or otherwise violating a New York traffic law. In other cases a person may be stopped at a DWI checkpoint. After law enforcement pulls over a driver, they may notice signs of intoxication, such…
An appellate court recently issued an opinion affirming aggravated assault charges against a New York criminal defendant. Using one accusatory instrument for two separate incidents, prosecutors charged the defendant with harassment in the second degree, and two counts of aggravated harassment in the second degree. The complainant alleged that the…