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New York Criminal Attorney Blog

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New York Defendant Unsuccessfully Argues for Suppression of Incriminating Evidence, Highlighting the Importance of Establishing Standing in Suppression Cases

Recently, in a New York criminal case involving possession of a forged instrument, the defendant argued that the lower court should have granted his motion to suppress evidence found in the car he was driving.  An officer first pulled the defendant over for speeding, and the officer found a credit…

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New York Defendant Successfully Argues for Guilty Plea to be Vacated in Weapons Case, Highlighting Importance of Reasonable Suspicion in Police Stops

In a recent case before a New York court, the defendant appealed the lower court’s denial of his motion to suppress tangible evidence. The defendant originally pled guilty to criminal possession of a weapon in the second degree, but he argued on appeal that the officers arresting him did not…

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New York Defendant in Weapons Case Unsuccessfully Appeals Denial of Motion to Suppress

In an October 2023 case before a New York court, the defendant appealed the lower of the lower court’s denial of his motion to suppress incriminating evidence. The defendant was originally charged with criminal possession of a weapon based on a 2015 run-in with police officers. After being criminally charged…

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New York Defendant Successfully Appeals Sentence in Assault Case Based on Age at His Time of the Crime

In a recent matter before the Supreme Court, Appellate Division, Third Department, the court modified a defendant’s judgment in his favor, vacating part of his sentence for an assault conviction from 2013. The defendant asked the court to reconsider part of his sentence given his young age at the time…

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Understanding the Spectrum of Felonies in New York: A Comprehensive Guide

Introduction: In the intricate landscape of New York criminal defense, felonies, as opposed to misdemeanors, stand out as serious offenses, and New York classifies them into distinct categories based on their severity. From Class A to Class E felonies, each level represents a different degree of criminal activity, carrying varying…

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New York Defendant Unsuccessfully Appeals Robbery Conviction, As Court Rules that State Successfully Established His Identity at Trial

In a recent New York criminal case before the Appellate Division, Third Department, a New York defendant appealed his convictions of robbery in the first degree and robbery in the second degree. In his appeal, the defendant argued that the State failed to establish his identity as the person who…

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New York Defendant in Reckless Assault Case Challenges Lower Court’s Denial of Motion to Suppress

In a recent assault case in New York before the Appellate Division, Second Department, the defendant asked the court to reconsider a lower court’s denial of his motion to suppress. The defendant was charged with and convicted of reckless assault of a child and endangering the welfare of a child.…

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New York Defendant Challenges Denial of Motion to Suppress in Case Revolving Around Criminal Possession of Skimmer Device

A recent case Criminal Possession of a Forged Instrument case before an appellate court in New York highlights the power that police officers have to search personal vehicles and seize suspicious items upon discovering evidence of criminal activity. In this case, in particular, the State of New York charged the…

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New York Defendant Successfully Lowers Sentence in DWI Case, Arguing Two-Year Sentence Imposed by Lower Court was Excessive

Recently, a defendant in a New York DWI case filed an appeal of the lower court’s decision regarding his sentence for driving while intoxicated and criminal mischief.   The lower court had sentenced the defendant to two years in prison, which the defendant argued was excessive. The higher court looked at…

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New York Defendant Loses Appeal in Drug Case; Court Cites Lack of Standing to Suppress Evidence in its Opinion

Recently, a defendant in New York appealed his convictions for possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree. The defendant was charged several years ago, and at trial he was found guilty as charged in January 2017. On…

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