The Fourth and Fourteenth Amendments to the U.S. The Constitution prohibits law enforcement officers and other government agents from conducting an illegal search or seizure of persons or property in furtherance of a criminal investigation or prosecution. New York’s state Constitution contains similar provisions. Generally, these Constitutional protections require law…
In a recent murder case before a New York trial court, the defendant argued that evidence relating to a 1984 murder should not have been entered into the court record. The evidence, brought forward by a team of investigators from the State, used DNA from the murder victim to narrow…
In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the officers’ search warrants were invalid and…
Just about one week after the United States Supreme Court delivered its ground breaking decision in Bruen affirming the Constitutionally protected right to carry a gun in public and addressing the sanctity of the Second Amendment, Governor Hochul and the New York State Legislature convened an extraordinary legislative session and…
Criminal defendants in the State of New York may often feel like they are playing Russian roulette with all of the variables affecting their case which may be out of their control. The assignment of a certain prosecutor, judge, or jury to a case can have an outsized influence on…
In the state of New York, it is necessary to have a permit in order to carry or possess a handgun. The process of applying for a gun permit can be daunting, but we’re here to help. Keep reading to learn more about the steps you need to take…
Earlier this month, an appellate court in New York ruled in favor of a defendant after he was found guilty of both criminal possession of a weapon and possession of controlled substances. On appeal, the defendant argued that the lower court was incorrect when it decided to admit incriminating statements…
In a recent New York criminal defense case, a New York Appellate Court affirmed the trial court decision, finding that the court had properly denied the defendant’s motion to suppress evidence in a case involving illegal possession of guns and illegal possession of drugs. In the appeal, the defendant challenged…
In a recent New York DWI case that came before the Appellate Division of the Supreme Court, the defendant argued that his criminal convictions should be reversed because the police officers did not give him adequate Miranda warnings before interrogating him about his charges. On appeal, the court looked at…
In a recent opinion issued by an appellate court in New York, the defendant’s appeal of his sale of firearm conviction was denied. Originally, the defendant was charged with sale of a firearm in the first degree and criminal sale of a firearm in the second degree. A jury found…