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’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”…
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”…
If you are facing a serious charge like assault in New York, your right to a fair trial includes more than just a competent defense—it includes how the jury is instructed on evaluating eyewitness testimony. In People v. Salas, the New York Court of Appeals tackled a defendant’s argument that…
In People v. Brenda WW, the New York Court of Appeals addressed how the Domestic Violence Survivors Justice Act (DVSJA) should be applied on appeal. Specifically, the Court clarified that while an appellate court has full authority to resentence a defendant under the DVSJA, it may not reduce or eliminate…
In People v. T.P. (2025), the New York Court of Appeals reversed a conviction for first-degree manslaughter, finding that trial counsel’s failure to object during a highly improper prosecutorial summation deprived the defendant of her right to a fair trial. Case Summary and Facts The defendant, referred to as T.P.,…
In People v. Bacon, the New York Court of Appeals reaffirmed a long-standing rule: if your defense lawyer fails to raise a specific constitutional objection during trial, you may lose the ability to argue that issue on appeal. This decision is a clear warning to anyone charged with a serious…
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…
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…
During litigation, it is common for one party to have an expert testify in support of their case. In criminal cases, the state will sometimes try to qualify an arresting police officer as an expert in a certain area, which can bolster the officer’s credibility before the court. What does…