Recently, an appellate court issued an opinion in a New York criminal defendant’s appeal, arguing that a trial court erred in denying his motion to suppress evidence found in his vehicle. According to the court’s opinion, police were involved in a high-speed chase with the defendant that ended when the…
New York Criminal Attorney Blog
New York Criminal Charges Based on Flawed Facial Recognition Software
Facial recognition is a widely-used technological device that uses cameras and artificial intelligence to identify facial features and track people. In some cases, facial recognition is a useful tool in identifying individuals, allowing them to enter buildings, computer systems, phones, and log in to accounts swiftly and safely. However, like…
Court Awards New Trial to Defendant in New York Gun Case Based on Improperly Denied Jury Instruction
Recently, a state appellate court issued an opinion in a New York gun possession case, discussing the defendant’s claim that the lower court erred in failing to provide the jury with a requested instruction. Ultimately, the appellate court agreed with the defendant, awarding him a new trial. The Facts of…
NEW YORK MOSSBERG SHOCKWAVE CHARGES DISMISSED
As we wrote in our blog on September 11, 2017, we were of the legal opinion that the Mossberg Shockwave was legal to own and possess in New York. Our opinion in 2017 was based upon the statutory definitions of a firearm, a pistol and a shotgun in New York…
Court Addresses Defendant’s Waiver of His Right to Appeal in New York Drug and Gun Possession Case
New York drug and gun offenses and convictions can have long-term repercussions, including lengthy prison sentences. Defendants must understand their rights after being arrested, charged, or convicted of a criminal offense. Additionally, it is vital that defendants understand the typical steps of a New York criminal case. Including, arraignment, pre-trial…
Court Rules in Favor of Defendant in New York Gun Case Based on Illegal Police Stop
A state appellate court recently issued a decision in a New York gun case, involving a defendant’s appeal of a jury verdict, finding him guilty of criminal possession of a weapon. The defendant appealed the jury verdict arguing that the New York Supreme Court erred in refusing to suppress evidence…
New York Gun Owners Whiplashed by ATF Action on Pistol Braces
On December 18, 2020, gun owners were rocked by proposed guidance from the ATF on the evaluation of the legality of pistol braces. This guidance was of particular concern to New York gun owners who had pistol braces attached to AR style receivers and had thought that the guns they…
New York Court Rejects Defendant’s Claim He Was Seized When He Discarded a Firearm
Last month, a state appellate court issued an opinion in a New York gun possession case, requiring the court determine if the trial court properly granted the defendant’s motion to suppress a firearm he discarded as police were following him. Ultimately, the court held that the defendant was not seized…
Court Finds in Favor of New York Defendant and Reverses Gun Conviction After Suppression Hearing
Recently, the New York Court of Appeals, New York State’s highest Court, issued an opinion, in a New York gun case, which reversed a lower court’s denial of a defendant’s motion to suppress evidence a gun. The case arose after a police officer stopped the vehicle the defendant was traveling…
New York Court Discusses the Elements of “Attempt” in Recent Attempted Murder Case
Last month, a state appellate court issued an opinion in a New York attempted murder case, requiring the court to discuss the elements of an “attempt.” The court ultimately found that the defendant’s actions did not constitute an attempt, and vacated his conviction. The Facts of the Case According to…