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…
New York Criminal Attorney Blog
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…
NY Court Affirms Verdict in Recent Assault Case Finding “Serious Physical Injury” Element Was Met
A New York appellate panel upheld a Manhattan jury’s findings of first-degree assault and attempted second-degree assault, along with an aggregate eight-year sentence. The opinion turns on three pillars: medical testimony establishing “serious physical injury,” limits on using a defendant’s recorded statement at trial, and why a phone left unattended…
Court Rejects Challenge Based on Court Officer’s Relaying of Information to the Judge
In a recent New York Assault case, the First Department’s decision in People v Manley addresses a common voir dire scenario: a prospective juror relays information to a court officer, the officer communicates it to the judge, and the judge decides how to proceed. The court held that such a relay…
NEW YORK HANDLING OF EXCULPATORY DNA EVIDENCE
In a New York Burglary case, People v Moore, the First Department confronted a familiar but consequential problem: the prosecution disclosed exculpatory DNA results late. Rather than ordering a mistrial or dismissing the case outright, the trial court imposed targeted sanctions. The parties entered a stipulation that squarely informed the…
NY Appellate Court Weighs in on Second-Amendment Challenge to Gun Charges
When the First Department affirmed the conviction in People v Martin on September 30, 2025, it did more than uphold a jury’s verdict. It clarified how trial courts should handle modern Second Amendment arguments, New York’s permissive intent presumption, and the kind of proof that meets the State’s burden on…
Probable Cause in Street Drug Cases after People v Tapia
New York’s highest court just affirmed a conviction in People v Tapia by upholding the trial court’s finding of probable cause. For you, that ruling matters because it confirms that officers can arrest on drug charges when trained narcotics cops observe a cluster of specific indicators—even without a “telltale sign”…
New York Court Clarifies Extraordinary Circumstances Standard Under “Raise The Age”
If your teen faces a felony in New York’s Youth Part, you may be able to move the case to Family Court, where the focus shifts to services and rehabilitation. A new appellate ruling from Richmond County reverses a Youth Part decision that blocked removal and explains what “extraordinary circumstances”…
New York Appeals Court Limits Blanket Probation Searches In DWI Cases
If you pled to a DWI in New York and the court added a boilerplate “consent to search” condition to your probation, you may not have to accept it. In a new decision, the Appellate Division, First Department struck a broad consent-search term from a DWI probation sentence because it…
New York Court Upholds Assault Conviction As A Hate Crime
If you are facing charges in New York involving allegations of hate crimes, you need to understand how courts review these cases on appeal. In a recent decision from the Appellate Division, Second Department, the court affirmed a conviction for assault in the first degree as a hate crime after…