Recently, a state court issued a written opinion in a case involving allegations that the defendant violated a New York order of protection. The case required the court to determine if the defendant was correct in asserting that the police entered her home without a warrant and without sufficient cause…
Generally, a defendant in a New York criminal trial does not go to trial expecting that they will be found guilty. On the one hand, if a defendant is innocent of the crimes charged or believes the case against them to be weak, they will fight the case in hopes…
The Federal and New York State Constitutions provide citizens who are charged with New York crimes certain rights that must be respected. In addition, there are certain statutes that grant New York criminal defendants additional rights. In the event that any government agent – including police and prosecutors – fails…
In the past, we have written several blogs about the importance of suppression in criminal cases in general and specifically with DWI cases. Recently, a court granted a defendant’s motion to suppress in a New York DUI case that was initiated by police officers pulling the defendant over for having…
Late last month, a state appellate court issued a written opinion in a New York DUI case requiring the court to determine if the police officer that stopped the defendant possessed probable cause to do so. Ultimately, the court concluded that the police officer did not have probable cause to…
When someone is convicted of a crime in New York, they are entitled to appeal the conviction or to have a higher court review the conviction to make sure that the judge presiding over the trial did not commit any legal errors that may have invalidated the conviction. However, as…
Earlier this month, the United States Supreme Court issued a written opinion in a robbery case requiring the court to determine whether the police should have obtained a warrant prior to obtaining the defendant’s cell phone location data. Ultimately, the court concluded that the level of intrusion in obtaining cell…
Earlier this month, a state appellate court issued a written opinion in a New York aggravated assault case requiring the court to discuss the “depraved indifference” sub-section of the New York aggravated assault statute. Ultimately, the court rejected the defendant’s argument that the prosecution failed to establish that the defendant’s…
Earlier this month, a state appellate court issued an opinion in a New York drug possession case, reversing a lower court’s decision to deny the defendant’s motion to suppress and holding that the prosecution failed to meet its burden to establish that the defendant’s arrest was legal. In so holding, the…
New York criminal trial lawyers know that New York criminal trials are all governed by the New York Rules of Evidence (NYRE). The NYRE cover which evidence is admissible and how courts should go about determining whether contested evidence should be admitted and presented to the jury. Given the importance of…