When someone is arrested for a New York crime, the prosecution is subject to certain rules. Most of the rules that are imposed on prosecutors are designed to ensure that the defendant is provided a fair trial. After all, the prosecution’s primary responsibility is to see that justice is done,…
New York DWI Attorneys know that it is one of the worst nightmares for many motorists; the image of those red and blue lights approaching from behind as you are on your way home from dinner or a party. It doesn’t matter if you have had only one drink, or…
Earlier this month, a state appellate court issued a written opinion in a New York robbery case requiring the court to determine if the defendant’s motion to suppress the eyewitness’s identification should be suppressed. Ultimately, the court concluded that the witness’s identification was not suppressible, and affirmed the defendant’s conviction…
In what is likely to be a blockbuster case the U.S. Supreme Court recently, heard arguments in a case involving New York gun laws. While the parties in this case were not criminally charged for possession of a gun, they prospectively challenged the New York City law banning the transportation…
Earlier this month, a state appellate court issued a written opinion in a New York firearms case discussing whether the police officer’s search of the defendant’s car was constitutionally sound. Ultimately, the court concluded that because the officers lacked probable cause to search the vehicle, anything they recovered as a…
Recently, a state appellate court issued an opinion in a New York gun crime case discussing the defendant’s motion to suppress a firearm that was recovered near where he was arrested. The case allowed the court to discuss whether the police officers’ conduct in stopping the defendant was permissible under…
A successful criminal defense lawyer must know the Rules of Evidence in New York. As a general rule, the trial judge is the gatekeeper when it comes to what evidence a jury is able to consider. However, judges are bound by certain rules of evidence which are written by lawmakers.…
Earlier this month, a state appellate court issued a written opinion in a New York robbery case, reversing the defendant’s conviction based on the lower court’s improper denial of the defendant’s motion to suppress his statement. Specifically, the statement included his answers to a few questions asked by a detective…
Earlier this month, a state appellate court issued an opinion in a New York gun case holding that police were not justified in searching the defendant’s backpack without a warrant. The case presents an informative and important discussion of the exigent-circumstances doctrine, which allows police to bypass the warrant requirement…
Under the Fifth Amendment to the United States Constitution, citizens have a right to be free from self-incrimination. The extent of this right, including in what situations it applies, has long been disputed. Currently, courts consider the Fifth Amendment to attach when police engage in the custodial interrogation of a…