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…
Earlier this month, a state appellate court issued a written opinion in a New York manslaughter case discussing whether the evidence presented by the prosecution was legally sufficient to sustain the defendant’s conviction for manslaughter. Ultimately, the court concluded that the jury’s decision to convict the defendant, given the evidence,…
As a New York Second Amendment lawyer I get asked all kinds of questions everyday about where and when people Click the image to follow a Reddit thread which may have periodic updates may carry their lawfully possessed firearm. Most of these questions pertain to New York and Federal Law. …
Earlier this month, a state appellate court issued a written opinion in a New York robbery case involving the defendant’s motion to suppress an identification made by the complaining witness, as well as statements made by the defendant after his arrest. Ultimately, the court held that because the prosecution failed…