In a recent case coming out of a New York Court, the defendant appealed his convictions for robbery, criminal possession of a weapon, and assault. Originally, the defendant had been found guilty of all three crimes after he was involved in a violent incident in 2017. On appeal, he made…
In a recent opinion coming out of a New York court, the defendant unsuccessfully appealed his guilty conviction for manslaughter in the first degree. The defendant’s case emerged after he got into a physical altercation with another man. Following the altercation, police showed up at the scene and questioned the…
In a recent case from a New York court, the defendant’s appeal of his assault arrest and conviction was granted in part and denied in part. The defendant was found guilty of assaulting a person with severe physical disabilities, and he was sentenced to time in prison accordingly. On appeal,…
Earlier this month, a state appellate court issued a written opinion in a New York assault case discussing the required elements of “assault in the first degree.” The case required the court to determine if the prosecution presented legally sufficient evidence to sustain the conviction. The court ultimately held that…
When the government brings criminal charges against a defendant, that person may have one or more defenses against the crimes charged. In the case of a New York assault crime or assault related charges, one of the most common defenses is self-defense which in New York is the defense of…
In a New York criminal trial, after both parties present their evidence, the judge will instruct the jury on the applicable law. The court’s jury instructions, or jury charge as it is also known, is an essential part of the trial because it frames how the jury will view the…
In May 2019, a state appellate court issued an opinion in a New York homicide case discussing whether the defendant was entitled to a justification, or self-defense, jury instruction. Ultimately, the court concluded that the evidence presented did not support a justification charge, and it rejected the defendant’s claim to…
Self defense cases in New York can be particularly challenging and require a skilled and experienced attorney. In New York self defense is referred to the defense of justification. Recently, a state appellate court issued an opinion in a New York assault case discussing the defense of justification. Ultimately, the…
Earlier this month, a New York appellate court issued a written opinion in a New York assault case involving a motion to suppress the weapon that the defendant allegedly used to assault the complaining witness. The case required the court to discuss a police officer’s legal authority to approach a…
Evidence of someone’s prior acts is generally not admissible in a New York criminal trial. However, under The Guide to New York Evidence Sec. 4.21, evidence of past “crimes, wrongs, or other acts” may be admissible under certain limited situations. Rule 4.21 specifically prohibits the introduction of prior-act evidence when it…