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Articles Posted in CRIMINAL PROCEDURE

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New York’s New Sealing Law Opens Up New Possibilities For Those With Old Criminal Convictions

New York’s new sealing law which authorizes the sealing of up to one felony conviction and two total convictions went into effect in New York last week and is already creating new possibilities for those with old criminal convictions.  Up until recently a New York expungement law would be considered…

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New York Appellate Court Affirms Denial of New Trial When Defendant Was Wearing Prison Clothes During Jury Selection

Jury selection is one of the most important aspects of any case. At Tilem Law Offices, our seasoned New York gun crime lawyers have handled countless voir dire selection processes and understand just what it takes to make sure that you receive a fair jury. As a recent appellate opinion…

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Sealing a Criminal Record in New York Under New CPL section 160.59

As New York Criminal Defense lawyers we are constantly called about expunging old New York Criminal records and over the many years I have been in practice it has been frustrating to inform people whose lives have been forever altered by an old New York criminal conviction that there was…

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New York Appellate Court Upholds Assault Conviction, Rejects Defendant’s Justification Defense

When facing a criminal trial, one of the most essential things to understand is whether you are able to assert any defenses to the charges against you. As seasoned New York criminal defense lawyers, we have aided many people in assessing their cases and crafting vigorous defenses. The following recent…

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New York Gun Lawyer Mentioned in NRA-ILA Newsletter

In a  recent NRA-ILA article about the Stossel documentary that the NRA Institute for Legislative Action suggests supports the need for national concealed carry  reciprocity, Tilem & Associates senior partner Peter H. Tilem was quoted and described as a criminal lawyer who represents tourists accused of “innocently violating New York’s…

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New York Criminal Jury Trials – Anything Can Happen at a Criminal Trial

As experienced New York Criminal Trial lawyers we understand the risks and potential hazards of going to trial as well as the uncertainty associated with any criminal trial.  However, in a recent felony trial that we conducted in Westchester County Court charging six counts of felony assault, some evidence surprised…

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New York Appellate Court Reverses Murder Conviction Based on Failure to Excuse Unqualified Juror

A New York appellate court recently considered in an opinion whether a trial court committed a reversible error when it failed to discharge a sworn juror who, after four days of deliberations, indicated multiple times that she was unable to “separate [her] emotions from the case.” The juror also stated…

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New York’s Highest Court Rules Analysis of License Plate in DMV Database Without Reasonable Suspicion Does Not Constitute an Unlawful Search

In a recent New York court opinion, the court analyzed whether a police officer can enter a license plate into a government database to check for any suspensions, outstanding violations, and the registration of the vehicle without first developing any suspicion that the vehicle was engaged in criminal activity. More specifically,…

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New York Court of Appeals Rules Evidence of Prior Convictions is Admissible in Drug Crime Case When the Defendant Asserts an Agency Defense

The highest state court in New York recently issued an opinion discussing whether the prosecution can offer evidence of a defendant’s prior drug sale conviction in their direct case in instances in which the defendant is asserting an agency-based defense that is supported entirely by parts of the prosecution’s case-in-chief. The…

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New York Appellate Court Upholds Conviction of Defendant in Assault Case Over Confrontation Clause Objection

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…

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