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…
New York Criminal Attorney Blog
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…
Supreme Court Declines Review in Antonyuk v. James: What It Means for New York Gun Laws
The most significant Second Amendment case to come out of New York in spring 2025 was Antonyuk v. James, a direct challenge to the state’s Concealed Carry Improvement Act (CCIA). On April 7, 2025, the United States Supreme Court declined to hear the case, leaving in place a decision by…
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…
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…
Pulled Over with a Suspended License? New York Courts Just Clarified What the Police Must Show
Getting stopped while driving with a suspended license can feel like the end of the road. Your first instinct may be to panic—Will you go to jail? Do you have a defense? Two recent appeals, People v. Willis and People v. Martinez-Fernandez, show that prosecutors still have to prove key…
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…
Can a Police Officer Legally Question and Detain You in Your Driveway?
In a recent case before a New York criminal court, a police officer followed a suspect from the public street into her driveway when he suspected that she was driving while impaired. The officer asked the suspect to step out of her garage after she parked her vehicle. At that…
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…
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…