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New York Criminal Attorney Blog

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New York’s February 2026 Traffic Law Overhaul: Why Even 1 MPH Could Put Your License at Risk

Beginning in February 2026, New York drivers are facing one of the most consequential changes to traffic enforcement in decades. While headlines have focused on the alarming claim that driving just 1 mile per hour over the speed limit could put you on the brink of losing your license, the…

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Understanding the Concealed Carry Improvement Act (CCIA) in New York: Past, Present & Future

Below you’ll find my short video overview on the topic:What to know about The CCIA – YouTube Introduction The passage of the Concealed Carry Improvement Act (CCIA) in New York has caused significant confusion and uncertainty among firearm license holders, practitioners, and policy observers alike. With much of the commentary…

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Police Dog Searches of Your Body Now Require Probable Cause in New York (At Least in the Third Department)

New York’s Appellate Division sent a clear message in People v Butler (July 3, 2025): officers cannot press a drug-sniffing dog against your clothing or skin unless they already have probable cause. The justices threw out a heroin conviction because a trooper let a canine push its snout into the…

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Missed Lesser Offense Offers a Second Chance after Kidnapping Charge Reversal

On July 10, 2025, New York’s Third Department overturned a first-degree kidnapping conviction in People v Akins because the trial judge refused to instruct jurors on the lesser offense of unlawful imprisonment. That ruling matters to you because it shows how a single procedural error can erase the harshest charge…

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NY Court Reverses a Conviction Based on Unlawful Arrest and Weak Evidence

In People v. Williams (2025 NY Slip Op 03603), the Appellate Division held that a man convicted after pleading guilty to first-degree assault and attempted robbery was wrongfully arrested and that prosecutors lacked probable cause to justify the detention. As a result, the court not only suppressed all evidence obtained…

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Albany Appellate Court Affirms 15-to-Life Sentence in Robbery Case

The Appellate Division, Third Department’s decision in People v. Terry offers a useful roadmap of how New York courts analyze assault and robbery prosecutions built on surveillance video, shared-intent theories, and contested trial-management rulings. The panel rejected every claim raised by the defendant, who was convicted of attempted first-degree assault…

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Court Affirms Assault Conviction Despite Incomplete Cross-Racial Jury Instruction

If you are facing a serious charge like assault in New York, your right to a fair trial includes more than just a competent defense—it includes how the jury is instructed on evaluating eyewitness testimony. In People v. Salas, the New York Court of Appeals tackled a defendant’s argument that…

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NY High Court Weighs in on Claim for Sentencing Relief under DVSJA

In People v. Brenda WW, the New York Court of Appeals addressed how the Domestic Violence Survivors Justice Act (DVSJA) should be applied on appeal. Specifically, the Court clarified that while an appellate court has full authority to resentence a defendant under the DVSJA, it may not reduce or eliminate…

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How Ineffective Counsel Can Undermine a Self‑Defense Claim

In People v. T.P. (2025), the New York Court of Appeals reversed a conviction for first-degree manslaughter, finding that trial counsel’s failure to object during a highly improper prosecutorial summation deprived the defendant of her right to a fair trial. Case Summary and Facts The defendant, referred to as T.P.,…

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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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