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New York Criminal Attorney Blog

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New York Court Affirms Doctor’s Manslaughter Conviction after Patient’s Overdose

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,…

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Can You Bring Your Lawfully Possessed Pistol on Vacation to Puerto Rico – Apparently Not Yet But Hopefully Soon

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. …

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New York Court Reverses Robbery Conviction Based on Illegal Arrest and Tainted Identification

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…

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New York Court Approves of Police Officers Inventory Search

In October 2019 we published an article about inventory searches and how the Court are reviewing such searches more carefully.  However, earlier this month, a state appellate court issued a written opinion in a New York credit card fraud case involving a search of the defendant’s belongings that occurred after…

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Critical Update on Non-NFA Other Firearms Such As The Shockwave and Franklin Armory Reformation

In October 2019 we published a Blog which posed the question, “Is the NFA dead?  In the article we discussed several types of short barreled weapons which had been reviewed by the ATF and other law enforcement agencies and had been found to not be covered by the National Firearms…

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Court Rejects Defendant’s Motion to Suppress Eyewitness’s Identification

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…

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U.S. Supreme Court Hears Case Involving Constitutionality of New York Gun Permit Laws

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…

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