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New York Criminal Attorney Blog

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Are Byrna Guns Legal in New York?

Are Byrna and Other Less-Lethal Weapons Legal in New York? In recent years, products like the Byrna launcher—a CO₂-powered less-lethal device that fires kinetic or chemical projectiles—have become increasingly popular among people looking for self-defense alternatives. But the legality of these devices in New York State is not straightforward. While…

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NY Court Discusses Prior Bad Acts and the Consent Defense in Recent Rape Case

When you’re accused of a sex crime, one of the most damaging developments in your case can be the admission of past allegations—especially if they involve similar conduct. In People v. Sin, the New York Court of Appeals upheld a conviction for first-degree rape and sexual abuse, ruling that testimony…

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Court Tosses Brooklyn Gun Conviction After Suppression Ruling Exposes Flawed Police Testimony

In a rare but powerful decision, a Brooklyn appellate court has reversed a conviction for Brooklyn gun case, vacated the defendant’s guilty plea, suppressed the gun that formed the heart of the prosecution’s case, and dismissed the indictment. The case sends a clear message: when the police can’t meet their…

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NY Court Finds Hospital-Room Interrogation Was Constitutional

A recent appeal from Tompkins County shows how quickly a violent-felony indictment can turn into a long prison term—and how limited your options become once you plead guilty. The defendant, accused of taking part in a rolling gunfight that ended with a deadly crash, eventually accepted a plea to manslaughter…

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Court Overturns Plea After Judge Inflates Maximum Sentence

When a judge warns that losing at trial could mean forty-five years behind bars for a series of burglary charges, even the most confident defendant will think twice about exercising the right to a jury. That was the scenario facing twenty-three-year-old Marquese Scott, who accepted a six-to-eight-year offer on three…

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When Can a Police Officer Legally Demand that an Occupant Step Out of His Parked Vehicle?

In the state of New York, case law is clear that police officers have the right to approach parked cars for any “objective, credible reason.” This gives officers significant leeway to at least approach vehicles that are stopped and parked. When, though, can the officer demand that the car’s occupant…

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Can an Officer’s Generalized Knowledge about Crime in an Area Give Him Grounds to Search a Vehicle?

In New York, it is well established that to legally stop a vehicle, a police officer must have reasonable suspicion, based on objective evidence, that the car’s occupants were involved in a crime. Courts go back and forth on what it means for an officer to have “reasonable suspicion.” If…

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