Close

New York Criminal Attorney Blog

Updated:

New York Court Sides with Defendant in Weapon Possession Case, Affirming that Prior Bad Acts are Generally Inadmissible at Trial

In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an officer found a .45 caliber gun in his vehicle’s center console. His case went to trial, and a jury found him…

Updated:

New York Criminal Case Highlights Danger of Providing Inconsistent Statements to Police Officers

In a recent criminal case before the New York Court of Appeals, New York’s highest Court, the defendant appealed a conviction that he argued was based on an officer’s unlawful search of his vehicle. In the opinion, the court highlighted the defendant’s inconsistent statements to the police officer that searched…

Updated:

New York Court Denies Defendant’s Appeal in Murder Case, Ruling that Lineup was Not Overly Suggestive

In a November 2023 case before an appellate court in New York, the defendant appealed his convictions of murder in the second degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the trial court made a mistake in refusing to suppress identification…

Updated:

New York Defendant Challenges Denial of Motion to Suppress in Recent Drug Case

In a recent New York Gun case before the Appellate Division, Second Department in New York, the defendant unsuccessfully asked for the court to reverse a trial court’s denial of his motion to suppress. The defendant originally faced charges for criminal possession of a weapon, unlawful possession of marijuana, and…

Updated:

New York Defendant in Second Degree Murder Case Gets New Trial Based on Improper Questioning by Police Officers

In an October 2023 Murder case before the Appellate Division, First Department, the defendant argued that several of his incriminating statements to police officers should have been suppressed by the lower court. The defendant was originally convicted of murder in the second degree, and the lower court sentenced him to…

Updated:

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…

Updated:

New York Defendant Successfully Appeals Lower Court’s Decision, Highlighting Importance of Contextualizing Evidence Rules in Sexual Assault Cases

In a recent case before a court in New York, the defendant asked the court to find that the lower court had erroneously excluded evidence during his trial. The defendant was originally charged with two counts of first-degree sexual abuse, and a jury found him guilty as charged. On appeal,…

Updated:

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…

Updated:

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…

Updated:

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…

Start Chat