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New York Criminal Attorney Blog

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New York’s Highest Court Rules Analysis of License Plate in DMV Database Without Reasonable Suspicion Does Not Constitute an Unlawful Search

In a recent New York court opinion, the court analyzed whether a police officer can enter a license plate into a government database to check for any suspensions, outstanding violations, and the registration of the vehicle without first developing any suspicion that the vehicle was engaged in criminal activity. More specifically,…

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New York Court of Appeals Rules Evidence of Prior Convictions is Admissible in Drug Crime Case When the Defendant Asserts an Agency Defense

The highest state court in New York recently issued an opinion discussing whether the prosecution can offer evidence of a defendant’s prior drug sale conviction in their direct case in instances in which the defendant is asserting an agency-based defense that is supported entirely by parts of the prosecution’s case-in-chief. The…

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New York Court of Appeals Upholds Denial of Motion to Suppress Gun Evidence in Parole Violation Arrest Case

In a recent opinion from New York’s highest state court, the defendant was convicted of possessing a weapon in the second and third degrees as well as the unlawful possession of marijuana. Before the jury trial, the defendant filed a motion to suppress evidence of a firearm located in his…

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New York Appellate Court Upholds Conviction of Defendant in Assault Case Over Confrontation Clause Objection

In a recent New York appellate decision, the defendant challenged a conviction of first-degree assault, claiming that he was deprived of a fair trial because he was not afforded his constitutional right of confrontation. The defendant was tried before a jury regarding an incident involving an assault on his estranged…

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New York Firearms Attorney Peter Tilem Named to USCCA Critical Response Team – NY Self-Defense Law

New York Firearms Attorney Peter Tilem has been named to the Critical Response Team of the United States Concealed Carry Association. The USCCA Critical Response Team is an exclusive community of qualified attorneys that are committed to defending the rights of responsible gun owners in New York State and throughout…

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TILEM & ASSOCIATES GETS ANOTHER DWI DISMISSED DUE TO AN ILLEGAL STOP – THIS TIME IN ROCKLAND COUNTY

As very experienced New York DWI Attorneys we are often asked to assist other attorneys on complex DWI cases.  Recently, that request paid off for the attorney and his client after all charges related to a Rockland County DWI were dismissed.   In November Tilem & Associates was hired to…

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NATIONAL CONCEALED CARRY RECIPROCITY vs. NEW YORK STATE GUN LAWS

As New York firearms lawyers we think it is important to keep the public updated on possible significant changes to New York gun laws. The idea of national concealed carry reciprocity is not a new idea but it is an idea that may be close to becoming law. The theory…

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MAN ARRESTED WITH “HIGH CAPACITY MAGAZINE” AT LAGUARDIA AIRPORT HAS FELONIES DISMISSED AND PLEADS TO NON-CRIMINAL DISORDERLY CONDUCT

In yet another victory in a New York firearms case, a Tilem & Associates client arrested in New York’s LaGuardia airport in September with an alleged “high capacity” magazine had all felony charges dismissed and only pled guilty to a non-criminal disorderly conduct, a violation but not a crime under…

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