A New York appellate court recently considered in an opinion whether a trial court committed a reversible error when it failed to discharge a sworn juror who, after four days of deliberations, indicated multiple times that she was unable to “separate [her] emotions from the case.” The juror also stated…
A New York appellate court recently published an opinion discussing the application of youthful offender status. The facts of the case are as follows. The juvenile was 18 years old when he was involved in an incident in which he stabbed a woman repeatedly and cut a bystander. The juvenile was…
In a recent appellate opinion, a New York court was asked to decide whether the prosecution had provided an adequate foundation during trial to authenticate a photograph that purportedly depicted the defendant brandishing a gun and money, which was obtained from a social media profile on the internet that allegedly…
A recent New York appellate opinion discussed a case in which a defendant asserted that his rights were compromised because he received ineffective assistance of counsel. The defendant was charged with sexual conduct involving a child in the second and first degrees. The victim, a relative of the defendant’s extended family,…
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,…
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…
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…
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…
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…
As New York Gun Lawyers we are aware that New York has a ban on possessing firearms magazines that are capable of containing more than 10 rounds. However, not everyone is as aware of the gun laws as they should be and this week two different cases in two opposite…