Film producer Harvey Weinstein’s rape conviction has been highly publicized and scrutinized for several years, and on April 25, 2024, the New York Court of Appeals issued an opinion that has elicited even more outrage surrounding the proceedings. In its opinion, the court decided that Weinstein is entitled to a…
As we have discussed often, New York’s speedy trial statute can be a defendant’s best friend. A March 2024 case before a New York appellate court emphasized the importance of coming to court prepared for trial when the court expects you to be prepared for trial. In this particular case,…
In a recent case before the New York Court of Appeals, New York’s highest Court the defendant asked the court to affirm a lower court’s ruling, which concluded that the prosecution failed to meet its burden during the trial of his criminal case. The case in question involved a brutal…
In a recent homicide case before a New York Court of Appeals, the defendant challenged his guilty convictions on the grounds that he was unable to fully observe potentially jury members during the jury selection portion of his trial. When the defendant’s case was before the lower court, COVID-19 was…
A Queens County Gun conviction was recently reversed by the Appellate Division, Second Department. In a recent opinion published by an appellate court in New York, the court emphasized that a defendant must be able to voluntarily waive his right to an attorney before speaking with an investigator about a…
In a recent case before the Supreme Court, Appellate Division, Third Department, the defendant appealed his convictions of attempted murder, attempted assault, robbery, burglary, and criminal possession of a weapon. Part of the defendant’s argument regarding the “attempted murder” offense was that the facts of the case did not support…
Recently, a New York defendant appealed his convictions related to possession of a firearm, arguing that probation officers did not have the right to search through his personal belongings. The court’s opinion, which denied the defendant’s appeal, reflects the reality that for individuals on probation, there is less of an…
In a January 2024, New York Drug case before the Supreme Court of New York, Third Department, a defendant filed an appeal of the lower court’s denial of his motion to suppress. The defendant took issue with a police officer’s search of his person, arguing the officer did not have…
In a recent case before the Appellate Division, Fourth Department in New York, the defendant took issue with the trial court’s denial of his motion for a mistrial. In his appeal, the defendant argued that the lower court made a prejudicial decision in denying his motion, and the decision should…
In a recent case before the Appellate Division, Third Department in New York, the defendant appealed his convictions of aggravated family offense and criminal contempt in the second degree. The convictions were based on an incident during which the defendant violated a protective order in place against him and toward…