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New York Criminal Attorney Blog

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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…

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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…

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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…

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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…

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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.…

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