In a recent opinion from New York’s highest state court, the defendant was convicted of possessing a weapon in the second and third degrees as well as the unlawful possession of marijuana. Before the jury trial, the defendant filed a motion to suppress evidence of a firearm located in his…
In a recent New York appellate decision, the defendant challenged a conviction of first-degree assault, claiming that he was deprived of a fair trial because he was not afforded his constitutional right of confrontation. The defendant was tried before a jury regarding an incident involving an assault on his estranged…
New York has banned the possession of stun guns by listing them as “per se” weapons in the Penal Law. Possession by a civilian even in a person’s home constitutes Criminal Possession of a Weapon in the Fourth Degree, a class “A” misdemeanor, punishable by up to one year in…
Recently we reported in our blog that a DWI conviction was vacated on grounds of ineffective assistance of counsel where the lawyer simply had his client plead guilty to Driving While Intoxicated without conducting an investigation into the evidence in the case. Now, just last week, the United States Supreme…
The New York State Appellate Court sitting in Brooklyn ordered a new trial for Anthony DiPippo who was convicted of rape and murder back in 1997. It was since discovered that Mr. DiPippo’s attorney in 1997 had a conflict of interest which denied Mr. DiPippo effective assistance of counsel. Attorneys…
The Appellate Division of the Supreme Court, Second Department unanimously overturned a Murder conviction from Nassau County because the trial Court committed a series of errors which combined to deny the defendant a fair trial. In People v. Terraine Slide the Court ruled that permitting the prosecutor to ask the…
In a unanimous ruling, issued yesterday and reported on the front page of today’s New York Law Journal, the Appellate Division unanimously revered the conviction of a carjacker who had been sentenced to 5 1/2 years in prison because of repeated, improper comments made to a criminal defense lawyer in…
According to today’s newspapers the NYPD Cop accused of killing a woman while driving in an intoxicated condition, had a blood alcohol content of 0.0 indicating that no alcohol was present in the officers blood seven hours after the incident. The blood was not drawn for seven hours after the…
Currently, Tilem & Campbell has one appeal pending before the United States Court of Appeals for the Second Circuit challenging the constitutionality of the previously discussed 100:1 powder cocaine v. crack cocaine sentencing discrepancy. Tilem & Campbell has another Federal Narcotics case for which it is preparing the appeal now.…
As experienced New York and Federal criminal defense lawyers, we keep track of changes and proposed changes in the law that may effect our clients. When appropriate, and as part of the effort of our effort, though this blog to educate the public, our clients and our friends, we post…