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New York Criminal Attorney Blog

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New York Court Grants Motion to Suppress after Determining Police Lacked Probable Cause to Search Defendant’s Car

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…

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New York Court Holds Police Did Not Have Probable Cause to Pursue Suspect

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…

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New York Court Reverses Robbery Conviction Based on Improper Admission of Defendant’s Statement

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…

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New York Court Suppresses Gun Seized in Warrantless Search of Backpack

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…

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New York Court Allows Admission of Defendant’s “Blurt Out” Statement

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…

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New York Extreme Risk Protection Orders (ERPO), Red Flag Laws Come to New York

As New York gun rights attorneys we are starting to see cases involving New York Extreme Risk Protections Orders (ERPOS) sometimes referred to as Red Flag Laws.  New York’s Civil Practice Law and Rules was amended to add a new Article 63-A which gives a Supreme Court Justice, sitting in…

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New York Appellate Court Orders Suppression of Handgun That Defendant Threw While Fleeing from Police

Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the concept of forced abandonment. Generally, when a defendant discards an item – such as narcotics or a gun – they lose any ability to argue for the item’s suppression. However, when…

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A New York Criminal Defense Attorney Should Be a Skilled Negotiator

When most people think about the characteristics they want in a New York criminal defense attorney, terms like aggressive, vigilant, and zealous often come to mind. And to be sure, these are all traits that a well-rounded defense attorney should possess. However, this most certainly is an incomplete list. One…

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New York Court Reverses Defendant’s Conviction Based on Police Officers’ Purported “Inventory Search”

Recently, we conducted a suppression hearing in New York County (Manhattan) Criminal Court, in a DWI case where the Court suppressed evidence that was found pursuant to an inventory search.  Courts are increasingly scrutinizing inventory searches.  In July, a state appellate court issued a written opinion in a New York…

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