Introduction: In the intricate landscape of New York criminal defense, felonies, as opposed to misdemeanors, stand out as serious offenses, and New York classifies them into distinct categories based on their severity. From Class A to Class E felonies, each level represents a different degree of criminal activity, carrying varying…
New York Criminal Attorney Blog
New York Defendant Unsuccessfully Appeals Robbery Conviction, As Court Rules that State Successfully Established His Identity at Trial
In a recent New York criminal case before the Appellate Division, Third Department, a New York defendant appealed his convictions of robbery in the first degree and robbery in the second degree. In his appeal, the defendant argued that the State failed to establish his identity as the person who…
New York Defendant in Reckless Assault Case Challenges Lower Court’s Denial of Motion to Suppress
In a recent assault case in New York before the Appellate Division, Second Department, the defendant asked the court to reconsider a lower court’s denial of his motion to suppress. The defendant was charged with and convicted of reckless assault of a child and endangering the welfare of a child.…
New York Defendant Challenges Denial of Motion to Suppress in Case Revolving Around Criminal Possession of Skimmer Device
A recent case Criminal Possession of a Forged Instrument case before an appellate court in New York highlights the power that police officers have to search personal vehicles and seize suspicious items upon discovering evidence of criminal activity. In this case, in particular, the State of New York charged the…
New York Defendant Successfully Lowers Sentence in DWI Case, Arguing Two-Year Sentence Imposed by Lower Court was Excessive
Recently, a defendant in a New York DWI case filed an appeal of the lower court’s decision regarding his sentence for driving while intoxicated and criminal mischief. The lower court had sentenced the defendant to two years in prison, which the defendant argued was excessive. The higher court looked at…
New York Defendant Loses Appeal in Drug Case; Court Cites Lack of Standing to Suppress Evidence in its Opinion
Recently, a defendant in New York appealed his convictions for possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree. The defendant was charged several years ago, and at trial he was found guilty as charged in January 2017. On…
New York Court Rules Defendants Entitled to New Trial After Issues During Jury Selection
In a recent case before the Appellate Division, First Department in New York, the court decided another issue regarding jury selection in favor of two defendants who the Court said were entitled to a new trial after a possible error in jury selection prior to the the trial. The defendants…
New York Defendant Unsuccessfully Appeals Criminal Possession of a Weapon Conviction, Despite Argument Regarding Discriminatory Juror Striking
In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his guilty verdict. Originally, the defendant was charged with criminal possession of a weapon in the second…
New York Defendant Loses Appeal After Standoff with Police Officers, While Appellate Division Highlights Elements of “Menacing a Police Officer” Crime
In a July 2023 case before the Appellate Division, Third Department in New York, the defendant asked for the court to reconsider his guilty verdict for menacing a police officer pursuant to Penal law 120.18. According to the defendant, there was insufficient evidence to allow a jury to find him…
Uncovering the Hidden Ramifications: Exploring Lesser-Known Consequences of New York State Tax Fraud
Tax fraud is a major issue for the state of New York, and it has taken the trial of one of the state’s most famous natives to really shine a light on the issue. Convictions for tax fraud are very rare, given the complexity of such cases. Despite this, New York State…