In a recent gun case before the New York Appellate Division, First Department, the defendant asked the court to reconsider the trial court’s denial of his motion to suppress. After reviewing the defendant’s argument, the higher court disagreed, ultimately concluding that the police officer searching the defendant’s bag was within…
In a recent New York gun case, the Court upheld a warrantless search of a defendant’s bag. Under New York law, when a police officer does not have prior approval from a judge, the officer is still allowed to search and seize a person’s private property under certain limited circumstances.…
It is well-established in the United States that individuals have a constitutional right to privacy in their homes. Experienced New York criminal defense lawyers screen cases for illegal searches and seizures. Under certain circumstances, though, police officers can obtain warrants from a court and search a private dwelling as part…
Most drivers are aware that under certain circumstances, a police officer is authorized to pull over vehicles and conduct a traffic stop. What does the law say, though, about what kind of situation allows the officer to legally initiate a traffic stop? Is a traffic stop only allowed if there…
Recently a juvenile who was adjudicated a Juvenile Delinquent in Family Court recently won an appeal. When a victim or witness makes an identification after a crime, the identification must be both credible and consistent. A recent case before the Supreme Court of the State of New York, Appellate Division,…
Recently, a New York defendant in a drug case, appealed his convictions before the Appellate Division, Third Department. In his appeal, the defendant argued that his convictions were “against the weight of the evidence,” a very hard burden to meet given that the Court is obligated to give deference to…
In a recent criminal case before a New York court, the defendant appealed her conviction for driving while under the influence of drugs. According to the defendant, the police officer lied to her when he questioned her directly after the car accident she caused. This deception, she argued, was grounds…
In a New York criminal case, an experienced criminal defense lawyer will often file what’s called a motion to suppress, asking the trial court to exclude incriminating evidence from the trial record based upon the fact that the evidence was unlawfully obtained by law enforcement. If the trial court denies…
Video evidence has become increasingly common and increasingly important in criminal cases. In New York, criminal defense attorneys can request that a court give something called an “adverse inference” in situations where the prosecution acts inappropriately by failing to preserve evidence. This means that the defendant can ask the court…
In both the state of New York and the United States more broadly, criminal defendants have the right to an attorney. If they cannot afford an attorney, the court will appoint an attorney for them. Defendants do have the option, though, of requesting to appear pro se, meaning they can…