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,…
Earlier this month, a state appellate court issued an opinion in a New York DWI case involving the question of whether the arresting officer had the legal authority to approach the defendant’s parked car and knock on the window. Ultimately, the court concluded that the officer possessed the authority to…
In a New York criminal jury trial, the judge has several critical roles. In general terms, the judge determines the “rules” by which the trial will be conducted. For example, the judge will resolve all pretrial motions, manages the jury selection process, rules on objections during the trial, and instructs…
When the government brings criminal charges against a defendant, that person may have one or more defenses against the crimes charged. In the case of a New York assault crime or assault related charges, one of the most common defenses is self-defense which in New York is the defense of…
Recently, a state appellate court issued a written opinion in a New York forged instrument case involving the possession of what turned out to be counterfeit money. The case provided the court with the opportunity to discuss the elements that must be established to convict a defendant for possession of…
Under the Armed Career Criminals Act (ACCA), federal law provides for enhanced penalties for people convicted of a crime involving a firearm if they have previously been convicted of several “violent felonies.” New York has similar laws that enhance penalties for persistent violent felony offenders and discretionary persistent felony offenders. …
The United States Constitution and the Bill of Rights provide many invaluable rights to citizens. Among the most important rights included in these documents is the right to a jury trial. The Sixth Amendment to the United States Constitution provides that defendants are entitled to “a speedy and public trial,…
Police officers must have a justifiable reason when they decide to pull over a motorist and initiate a traffic stop. Typically, an officer must have either probable cause or a reasonable suspicion, depending on the surrounding circumstances. When the police pull over a driver without a sufficient reason, anything that…