In New York, law enforcement may impound a person’s car for several reasons, and not all of the reasons require the commission of a crime. However, the main reasons police officers may impound a car occur when the driver is driving under the influence of drugs or alcohol, if the…
Recently, a state appellate court issued an opinion in a New York homicide case involving a defendant’s appeal of his conviction. The defendant appealed the lower court’s decision to admit his statement to police in the moments after the murder. However, the appellate court found that there was no error…
With Corona Virus (Covid-19) restrictions increasing just a week before Thanksgiving and the Governor of New York dictating how many people may attend a Thanksgiving Dinner at your house it is worth reviewing what rights you have if police unexpectedly show up at your door. This situation could arise for…
Recently, a state appellate court issued an opinion in a New York manslaughter case, affirming the defendant’s conviction after dismissing his challenge to the way in which the prosecution obtained a sample of his DNA. In so doing, the court explained how law enforcement officials can legally obtain DNA evidence…
Throughout the New York criminal trial process, it is not uncommon for comments or evidence to come into the trial that could prejudice either side. Courts take precautions to instruct attorneys and witnesses not to say certain things, and to avoid particular topics. However, the jury will inevitably be exposed…
Earlier this month, a state appellate our released an opinion in a New York drug case in which the defendant was alleged to have sold cocaine. The defendant claimed that the evidence obtained as a result of his arrest must be suppressed, because it was obtained in violation of his…
Earlier this year, a state appellate court issued an opinion in a New York robbery case discussing whether the defendant’s statements were admissible at trial. The defendant claimed that statements were not voluntary, as they were only made in response to factually incorrect comments made by the interviewing officers. Specifically,…
As New York DWI lawyers, we are following a recent state appellate court opinion on a New York DWI case discussing the procedures law enforcement must use to legally conduct a DWI checkpoint. Ultimately, the court concluded that the checkpoint used by law enforcement leading to the defendant’s arrest was…
Earlier this month, a state appellate court issued an opinion in a New York drug case, affirming the defendant’s conviction. The court’s opinion, although brief, discusses what has come to be known as an eavesdropping warrant. The Fourth Amendment to the United States Constitution protects all individuals against unreasonable searches…
Last month, a state appellate court issued an opinion in a New York DWI case discussing the denial of the defendant’s pretrial motion to suppress. The case required the court to determine if the lower court properly denied the defendant’s motion based on the arresting officers’ credibility. Finding that there…