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…
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…
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…
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,…