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Articles Posted in EVIDENTIARY ISSUES

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New York Defendant Successfully Appeals Lower Court’s Decision, Highlighting Importance of Contextualizing Evidence Rules in Sexual Assault Cases

In a recent case before a court in New York, the defendant asked the court to find that the lower court had erroneously excluded evidence during his trial. The defendant was originally charged with two counts of first-degree sexual abuse, and a jury found him guilty as charged. On appeal,…

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New York Defendant Unsuccessfully Argues for Suppression of Incriminating Evidence, Highlighting the Importance of Establishing Standing in Suppression Cases

Recently, in a New York criminal case involving possession of a forged instrument, the defendant argued that the lower court should have granted his motion to suppress evidence found in the car he was driving.  An officer first pulled the defendant over for speeding, and the officer found a credit…

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New York Defendant Unsuccessfully Asks Court to Suppress Incriminating Statement Made to Attorney

Earlier this month, a New York defendant convicted of attempted murder, appealed his guilty verdict before the Appellate Division of the Supreme Court of the State of New York. According to the defendant, the lower court violated his rights by allowing the State to enter into evidence a comment that…

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Defendant in New York Weapons Case Unsuccessfully Asks Court to Reconsider Evidentiary Ruling

Recently, a defendant in New York appealed his guilty conviction for attempted murder and criminal possession of a weapon. On appeal, the defendant argued that during trial, the prosecution inappropriately introduced evidence of a 911 call from the victim’s mother. The call, argued the defendant, was hearsay, and it should…

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Criminal Defendant in New York Unsuccessfully Appeals Use of DNA From 1984 Case

In a recent murder case before a New York trial court, the defendant argued that evidence relating to a 1984 murder should not have been entered into the court record. The evidence, brought forward by a team of investigators from the State, used DNA from the murder victim to narrow…

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Successfully Moving to Controvert a Search Warrant – Evidence Suppressed and Case Dismissed

As we have discussed in the past often in New York criminal cases suppression of the evidence may be your best (or only defense.  As has been widely reported in the media, all charges were recently dismissed against one of our clients after the Court granted our motion to controvert…

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New York Court Denies Defendant’s Argument in Weapons Case that Informant was Unreliable and Untrustworthy

In a recent New York gun crime case decided in a Appellate Court, the defendant unsuccessfully appealed his firearm conviction by arguing that his original arrest was based on unreliable information. His sentence was however reversed on other grounds.  According to the defendant, there was insufficient evidence that the informant who…

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Court Affirms Mapp Hearing Ruling in New York Illegal Search and Seizure Appeal

Recently, an appellate court issued an opinion in a New York criminal defendant’s appeal, arguing that a trial court erred in denying his motion to suppress evidence found in his vehicle. According to the court’s opinion, police were involved in a high-speed chase with the defendant that ended when the…

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New York Criminal Charges Based on Flawed Facial Recognition Software

Facial recognition is a widely-used technological device that uses cameras and artificial intelligence to identify facial features and track people. In some cases, facial recognition is a useful tool in identifying individuals, allowing them to enter buildings, computer systems, phones, and log in to accounts swiftly and safely. However, like…

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New York Appellate Court Upholds Murder Conviction Over Defendant’s Challenge to Admission of His Statement

Recently, a state appellate court issued an opinion in a New York homicide case involving a defendant’s appeal of his conviction. The defendant appealed the lower court’s decision to admit his statement to police in the moments after the murder. However, the appellate court found that there was no error…

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