New York Self-Defense laws give a person broad authority to use physical force and even deadly physical force to defend themselves and to defend others from attack. Article 35 of the New York Penal Law creates a defense to even the most serious criminal charges such as murder, attempted murder,…
There is no doubt that the Corona Virus Pandemic has disrupted every aspect of New York life. This is especially true for New York lawyers practicing in New York Criminal Courts. With New York Courts closed except for essential matters, New York criminal lawyers and their clients find themselves having…
Earlier this month, a state appellate court issued a written opinion in a New York drug possession case discussing the defendant’s motion to suppress. Specifically, the defendant appealed the lower court’s denial of his motion to suppress arguing that the arresting officer’s pat-frisk of the defendant was illegal. Without answering…
As Second Amendment lawyers in New York you would imagine that we are familiar with idiotic “gun control” laws. Which is why an article in this month’s Ballistic Magazine about the twelve most idiotic gun laws caught my eye. To be sure New York, along with neighboring New Jersey are…
Earlier this month, a state appellate court issued an opinion in a New York criminal case involving a question as to whether statements that the defendant made to Pennsylvania state troopers could be used against him in his New York arson case. Ultimately, the court concluded that the Pennsylvania State…
In any New York criminal case, there may be a number of potential defenses. One of the most common defenses in crimes involving people who do not know each other is misidentification. When a defendant argues misidentification, they are claiming that another person was the one who committed the offense,…
As New York’s premier second amendment lawyers we closely monitor cases that may affect the ability of our client’s to lawfully be in possession of firearms and cases that affect our ability to fight gun charges. Late last year, a state appellate court issued a written opinion in a New…
Earlier this year, a state appellate court issued an opinion in a New York marijuana possession case involving the question of whether the defendant could legally be convicted of tampering with evidence after he threw a bag of marijuana to the ground while being chased by police. The court determined…
Earlier this month, a state appellate court issued an opinion in a New York gun possession case involving the denial of the defendant’s pre-trial motion to suppress. Motions to suppress are often the most critical stage of a trial in cases involving guns or drugs, especially where the contraband item…
Earlier this month, a state appellate court issued an opinion in a New York burglary case requiring the court to determine whether a police officer’s actions violated the defendant’s rights prior to his arrest. Ultimately, the court concluded that the officer lacked justification to stop the defendant, search his bag,…