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New York Criminal Attorney Blog

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IS THE NATIONAL FIREARMS ACT (NFA) DEAD?

The National Firearm Act of 1934 (commonly known as the “NFA”) was the first federal gun control act and for the first time created a national registry of purchasers of “Machine guns”, “sawed-off shotguns” and “silencers”.  In addition, a $200 tax is imposed on each transfer of any NFA item…

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Can New York Police Officers Search a Car if They Smell Marijuana?

On July 31, 2019, a state appellate court issued a written opinion in a New York drug case discussing whether police officers can search a person’s car if they smell marijuana. Ultimately, the court concluded that the search was permissible because the smell of marijuana gives rise to probable cause…

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SCOTUS Issues Case Discussing Police Officers’ Ability to Take the Blood of Unconscious New York Motorists

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Courts have long held that to be considered “reasonable”, a search must be supported by the issuance of a valid search warrant. To obtain a warrant, police must fill out an affidavit explaining the basis…

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New York Court Reverses Murder Conviction Based on Prosecution’s Failure to Hand Over Video Surveillance Footage

Earlier this month, a state appellate court issued a written opinion in a New York homicide case discussing the obligation that the prosecution has to disclose evidence to the defense. Ultimately, the court reversed the defendant’s murder conviction because it found that the prosecutions’ failure to provide video evidence undermined…

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New York Prosecutors Cannot Make Jury-Selection Decisions Based on Race

New York criminal defendants enjoy many important constitutional rights, one of which is the right to a jury drawn from a cross-section of society. In the 1986 United States Supreme Court case, Batson v. Kentucky, the Court determined that the defendant was deprived of his constitutional rights when the prosecution…

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Recent New York Appellate Decision Highlights the Importance of Obtaining a Favorable Jury Instruction

In a New York criminal trial, after both parties present their evidence, the judge will instruct the jury on the applicable law. The court’s jury instructions, or jury charge as it is also known, is an essential part of the trial because it frames how the jury will view the…

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New York Firearms Attorneys Get 13 Guns, Hundreds of Rounds of Ammunition Suppressed – 12 Count Indictment Dismissed

Guns, ammunition and magazines that were suppressed by the Judge New York, Second Amendment attorney and NRA  Firearms instructor Peter Tilem scored a major victory in Rockland County Court earlier today, when the Judge holding a suppression hearing ruled that there was no probable cause for the arrest of his…

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