As we have written about extensively, New York recognizes 4 levels of police intrusions during street encounters. Under New York law, when a police officer conducts a traffic stop, the officer cannot unnecessarily prolong the stop. If an officer does keep the driver beyond a reasonable amount of time, he…
New York Criminal Attorney Blog
Rape Shield Law in New York: What You Need to Know
In the state of New York, when a defendant is charged with rape, the defense attorney is prohibited from questioning the rape victim about his or her sexual history. This rule is called the rape shield law, and it prohibits juries from hearing evidence about a victim’s previous sexual acts…
What Happens When Your Criminal Case Goes Through Multiple Appeals?
If you receive an unfavorable jury verdict in a criminal trial, the good news is that you can appeal that verdict. Sometimes, though, even if the higher court grants your appeal, the State might appeal again, subjecting you to additional waiting and uncertainty. A recent case before the New York…
Show-Ups in New York Criminal Cases: What You Need to Know
In criminal law, a “show-up” is the process through which a witness and a suspect are together face-to-face for the purpose of the witness’s ability to identify whether the suspect indeed committed the crime. A “Show-Up” identification is by its very nature suggestive, as opposed to a line-up identification in…
Searches and Seizures of Parolees in New York: What You Need to Know
What are the rights of a parolee when an officer wants to conduct an invasive search or seizure? In New York, recent case law explored this very question, looking at the circumstances under which a defendant can successfully challenge a search based on his constitutional right to privacy. According to…
What Happens When a Judge Takes a Side During Trial?
In courtroom proceedings, part of the judge’s job is to be as impartial as possible. We have written blogs before about Judges being reversed for failing to act in an inpartial manner at trial. In a recent case before a New York court, the defendant argued that the judge failed…
Controversial Case Before New York Court of Appeals Demonstrates Differing Perspectives on Cross-Racial Identification Instruction
In 2017, New York case law created a new precedent indicating that when identification is an issue in a criminal case, and when the identifying witness and defendant are seemingly of different races, the defendant is entitled to a charge on “cross-racial identification.” This means that when a witness identifies…
New York Police Officers’ “Community Caretaking” Role in Traffic Stops
We have previously written that police officers, in New York and elsewhere, have what is called a “community caretaking” duty. This means that officers are not only obligated to enforce the law, but they also must assist an individual when they notice that he or she needs help. Recently, a…
Right to Privacy in Bodily Searches in New York
Under the Fourth Amendment, individuals have a right to be free from unreasonable searches and seizures. The word “unreasonable” can have different meanings in different contexts, but a recent case coming out of the Supreme Court of New York, Third Department, provides interesting case law for one of these contexts.…
Emotional Disturbance as an Affirmative Defense in New York Criminal Cases
When a defendant is charged with committing a violent crime in the state of New York, there are various affirmative defenses he can raise in hopes of reducing both his conviction and the resulting sentence. In a recent criminal case before an appellate court in New York, the defendant successfully…