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…
In a recent case before a New York appellate court, the defendant asked the court to reconsider his conviction for criminal possession of a weapon in the second degree. In his appeal, the defendant argued that the lower court should have suppressed evidence obtained by the police officers that caught…
In a March 2023 case before a New York appellate court, the defendant asked the court to find that he was arrested unlawfully by two officers during a traffic stop and that therefore the evidence should be suppressed. The defendant had been charged with criminal possession of a forged instrument,…
In a recent case involving leaving the scene of an accident or incident before a New York appellate court, the defendant successfully argued that his motion to suppress was improperly denied by the lower court. The defendant was criminally charged and convicted after an incident in which he left the…
Last month, a New York appellate court decided a case that overturned a young defendant’s murder conviction after trial and suppressed statements that were made to his father and recorded by the police in the police station. Originally, the defendant had been found guilty of several violent crimes, including murder…
In a recent Domestic Violence case being prosecuted in Bronx County, the defendant challenged the issuance of a Temporary Order of Protection during the pendency of his Criminal Obstruction of Breathing or Blood Circulation (Strangulation) prosecution that prevented him from living in the home that he owned. A 2021 decision…
In a recent New York gun case before an appellate court in the state of New York, the court had to decide whether a search warrant executed by several state troopers was valid. Originally, the trial court decided that evidence found by the troopers should be suppressed, and it granted…
In a recent rape case before an appeals court in New York, the defendant asked the court to find that he had received ineffective assistance of counsel during his trial for rape in the second degree. Originally, the defendant was charged by indictment after evidence supported a showing that he…