In a recent New York drug offense case subject to appellate review in the state of New York, the defendant challenged the lower court’s denial of his motion to suppress. The defendant was originally stopped by a police officer after the officer saw him exit his vehicle and pull up…
In a recent case before a New York court, the defendant argued that his defense attorney was ineffective in representing him at the trial level. Originally, he was found guilty of both criminal contempt and committing an aggravated family offense, but the defendant thought he was entitled to receive an…
In a recent case before a New York appeals court, the State asked for a reconsideration of an appellate division’s unfavorable decision. Originally, the defendant was convicted of assault in the second degree. In January 2022, the Appellate Division of the Supreme Court of New York reversed the defendant’s guilty…
In a recent Murder case coming before the New York Court of Appeals, New York’s highest court, the defendant asked for a new trial because the trial court judge had closed the courtroom during the middle of his eight-day jury trial. Under the Sixth Amendment of the U.S. Constitution, defendants…
In an April 2023 case before an appellate court in New York, the defendant, a convicted sex offender, appealed a lower court’s decision to designate him as a level three sex offender under the sex offender registration act (SORA). After the defendant was charged with and convicted of rape, the…
Last month, an appellate court in New York ruled in favor of the defendant in a New York gun case involving the suppression of physical evidence. Originally, a police officer pulled the defendant over when he was driving, and the officer found a firearm on the defendant’s person. The lower…
In a recent assault case before an appellate court in New York, the defendant successfully overturned several convictions related to a Child Abuse case. Although, the top charge of Assault in the First Degree stood, the case outlines some limits on criminal possession of a dangerous instrument. Originally, the defendant…
Driving with a suspended license can be an extremely serious offense in New York with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree being a Felony in New York. A recent decision decided toward the end of April, in the Appellate Division, Third Department, demonstrates why these…
Recently, a New York appeals court published an opinion reversing a defendant’s conviction of assault in the third degree. Originally, the defendant was found guilty of three crimes, and on appeal, he argued that there was not enough evidence to prove he was guilty of one of the crimes. Breaking…
Last month, the defendant in a New York assault case challenged the constitutionality of a rule that worked against him in his 2018 jury trial. This case is a very important case about the limits of evidence of prior bad acts of the victim in self-defense cases. Originally, the defendant…