Recently, an appellate court in New York ruled on a defendant’s appeal in a case involving assault, manslaughter, and reckless endangerment. The defendant in this case argued that the search warrant leading officers to incriminating evidence against him was invalid and that his guilty verdict should be reversed. On appeal,…
In a recent New York case involving the illegal possession of a firearm, the court denied the defendant’s motion to suppress physical evidence. In the appeal, the defendant argued that the initial police pursuit of the defendant that led to the recovery of the evidence in question was not legal,…
In a recent New York criminal case, the defendant successfully filed a motion to suppress physical evidence. The defendant was charged with robbery in the second degree, robbery in the third degree, grand larceny in the fourth degree (five counts), criminal possession of stolen property in the fourth degree (four…
The US Constitution protects many rights of Americans accused of crimes. One of the critical protections of the Constitution is the confrontation clause. The Confrontation Clause is included in the 6th Amendment and states in pertinent part: “the accused shall enjoy the right…to be confronted with the witnesses against him.”…
In a recent New York criminal assault case, the defendant unsuccessfully appealed his conviction of assault in the first degree. In the appeal, the defendant argued that the prosecution failed to prove his guilt by legally sufficient evidence because his intoxicated state when the crime was committed rendered him incapable…
Earlier this month, a federal court in New York issued an opinion in a burglary and larceny case, ruling on the defendant’s appeal of his motion to suppress. According to the defendant, the lower court had mistakenly denied his motion to suppress physical evidence as well as statements he made…
Recently, the New York Appellate Division, Third Department issued an opinion in a case involving a defendant’s attempt to reverse his conviction for a gun crime. On appeal, the defendant asked the court to review the evidence from trial and come to the conclusion that there was insufficient evidence to…
In a recent case decided in a New York appellate court, the defendant unsuccessfully appealed his conviction for criminal possession of a weapon in the second degree. On appeal, one of the defendant’s main arguments was that the trial court had improperly denied his motion to suppress; according to him,…
In a recent case involving a New York drug crime, the defendant unsuccessfully appealed his conviction of three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree. In the appeal, the defendant argued…
As we have discussed in the past often in New York criminal cases suppression of the evidence may be your best (or only defense. As has been widely reported in the media, all charges were recently dismissed against one of our clients after the Court granted our motion to controvert…