As this blog has discussed on several occasions, New York law provides that evidence which is obtained in violation of a person’s constitutional or statutory rights cannot be admitted in a criminal trial against that person. Most often, a motion to suppress evidence refers to physical evidence such as a…
The Federal and New York State Constitutions provide citizens who are charged with New York crimes certain rights that must be respected. In addition, there are certain statutes that grant New York criminal defendants additional rights. In the event that any government agent – including police and prosecutors – fails…
One of the hallmarks of our criminal justice system that evidence of prior criminal conduct is not permitted to show a persons propensity or tendency to commit crimes. Except in very limited circumstances evidence of prior criminal conduct is not permitted on the prosecutions direct case. However, if a defendant…
Earlier this month, a state appellate court issued a written opinion in a New York gun crime case discussing whether the arresting officer’s conduct violated the defendant’s constitutional right to be free from unreasonable searches and seizures. Ultimately, the court concluded that the officer possessed a reasonable belief that the…
Over the last few years, there has been a backlash against the New York stop-and-frisk program, based on the fact that racial minorities were being stopped in far greater numbers than non-minority populations. And while by most accounts, the total number of people stopped and frisked has decreased, the basic…
Recently, in Nassau County, we successfully argued for the reduction of a Sex Offender Registration Act (SORA) Offender to have his risk assessment classification reduced from a level two down to a level one. This change can have a dramatic effect on the life of a convicted sex offender who…
New York speedy trial statutes can be very effective tools in fighting New York criminal cases ss we have discussed in several blogs. Earlier this month, the New York Court of Appeals issued an opinion dismissing a New York homicide case and discussing the defendant’s right to a speedy trial.…
Experienced criminal attorneys have long been aware of the inherent unreliability of cross racial identification. Cross-racial identification is the eyewitness identification of a suspect in a criminal case when the witness is a different race than the suspect. Recently, an appellate court issued a written opinion in a New York…
All defendants in New York criminal cases enjoy the right to have the assistance of competent counsel at all critical stages of the case against them. In a recent New York homicide opinion, the New York Court of Appeals determined that a trial judge denied a defendant the right to counsel…
As we have been discussing in previous blogs, there are many different issues that can arise in the jury selection process. The main objective is to ensure that the jurors who are selected for the trial will act without bias and that they will be able to apply the law…