In a recent case before the Appellate Division, Fourth Department in New York, the defendant took issue with the trial court’s denial of his motion for a mistrial. In his appeal, the defendant argued that the lower court made a prejudicial decision in denying his motion, and the decision should…
In a recent case before the Appellate Division, Third Department in New York, the defendant appealed his convictions of aggravated family offense and criminal contempt in the second degree. The convictions were based on an incident during which the defendant violated a protective order in place against him and toward…
We have often said that suppression can be the best defense. Recently, a New York defendant appealed a lower court’s decision to deny his motion to suppress physical evidence, and the higher court ruled in his favor. The defendant was originally indicted on one count of second-degree criminal possession of…
In a recent opinion from the New York State Court of Appeals, the chief judge delivered a concurrence that highlights some of the difficulties involved in litigating criminal cases. The opinion centers around an incident in which three pedestrians got into a verbal altercation, after which the defendant stole one…
Recently, the New York Court of Appeals, New York’s highest court sided with a defendant who was originally charged with and convicted of harassment in the second degree. in a very important speedy trial case that keeps prosecutors honest about complying with New York discovery laws. After being found guilty,…
Police in New York are all too eager to seize your firearms and unfortunately recent changes in the law have made it easier for the police to seize your guns and harder for you to get them back, even when no charges have been filed. The Suffolk County Police for…
In a recent New York firearms case before the New York Court of Appeals, the defendant successfully asked for his conviction for criminal possession of a weapon to be overturned. The decision, issued at the end of 2023, illustrates the importance of choosing and retaining a thorough, knowledgeable and experienced…
In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decision to let a witness identify him as the perpetrator of a shooting for the first time while she was…
In a recent drug case in New York, the Court of Appeals, New York’s highest Court held that using a narcotics-detection dog to sniff a criminal suspect’s body is defined as a “search.” Before this case, New York case law was unclear about whether this specific action constituted a search,…
In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an officer found a .45 caliber gun in his vehicle’s center console. His case went to trial, and a jury found him…