In a New York criminal jury trial, the judge has several critical roles. In general terms, the judge determines the “rules” by which the trial will be conducted. For example, the judge will resolve all pretrial motions, manages the jury selection process, rules on objections during the trial, and instructs…
Earlier this month, a state appellate court issued a written opinion in a New York manslaughter case discussing whether the evidence presented by the prosecution was legally sufficient to sustain the defendant’s conviction for manslaughter. Ultimately, the court concluded that the jury’s decision to convict the defendant, given the evidence,…
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 New York, Burglary is a serious felony. The facts of the Burglary will determine whether there is a mandatory minimum state prison sentence associated with a conviction and how long that state prison sentence will be. In April of 2019, the United States Supreme Court heard oral arguments on…
In May 2019, in a New York robbery case, a state appellate court issued a written opinion discussing an important issue that may arise in any case in which there is more than one person named as a defendant. Specifically, the case required the court to determine if the defendant…
As Second Amendment attorney Peter H. Tilem reported in a blog on April 24, 2016, New York and New Jersey’s outright ban on stun guns and tasers were unconstitutional. Now today, a Federal District Judge in upstate New York confirmed that opinion and enjoined the New York State Police from…
In order to convict someone of a crime in New York, the prosecution must establish each element of the offense. Under New York law, a burglary occurs when a person “knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Thus, in the case of…
When courts determine a defendant’s sentence, one of the factors they consider is the defendant’s prior record. Typically, the more convictions a defendant has on their record, the harsher the penalty they can expect to receive. New York lawmakers have prescribed an escalating punishment scheme for “second felony offenders.” Under…
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…
The New York State Sex Offender Registration Act (SORA), has added a very serious consequence to the commission of many crimes. The requirements of SORA apply to both New York State convictions and to conviction from other states, if the convicted person is or becomes a New York resident. Earlier…