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…
New York Criminal Attorney Blog
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…
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…
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…
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.,…
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…
The Limits of Appeal When Objections Are Not Raised at Trial
In People v. Bacon, the New York Court of Appeals reaffirmed a long-standing rule: if your defense lawyer fails to raise a specific constitutional objection during trial, you may lose the ability to argue that issue on appeal. This decision is a clear warning to anyone charged with a serious…
New Trial Ordered After Court Fails to Excuse Biased Juror in Brooklyn Gun Case
If you’ve been arrested and are facing a jury trial, one of the most important stages in a jury trial is jury selection. A single biased juror can jeopardize the fairness of your entire case. In a recent opinion out of Brooklyn, a defendant convicted of criminal possession of a…
Domestic Violence and Sentencing Relief Under the DVSJA
If you’re a survivor of domestic violence and serving time for a crime you committed while in an abusive relationship, you may be wondering whether New York law allows you to be resentenced based on your trauma. Under Criminal Procedure Law § 440.47, the Domestic Violence Survivors Justice Act (DVSJA)…
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…