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Articles Posted in GUN CRIMES

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New York Court of Appeal Reverses Manslaughter Conviction Based on Improper Jury Instructions

One of the most common questions that we receive as New York criminal defense attorneys is, “How are jury members selected?” The law surrounding jury selection is very complex, as the following recent appellate opinion demonstrates. The central issue in this appeal was whether the lower court committed a reversible…

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New York Court of Appeal Upholds Burglary Conviction, Rejects Challenge to Use of Annotated Exhibits During Final Argument

Technology has made our lives easier in many ways, but it has also raised novel issues regarding how technology can be used during a trial. As seasoned New York criminal defense attorneys, we are prepared to handle these new and developing issues and to ensure that they do not affect…

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New York Appellate Court Overturns Robbery Conviction Based on the Prosecution’s Improper Use of a Social Media Photograph

In a recent appellate opinion, a New York court was asked to decide whether the prosecution had provided an adequate foundation during trial to authenticate a photograph that purportedly depicted the defendant brandishing a gun and money, which was obtained from a social media profile on the internet that allegedly…

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New York Court of Appeals Upholds Denial of Motion to Suppress Gun Evidence in Parole Violation Arrest Case

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…

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New York Firearms Attorney Peter Tilem Named to USCCA Critical Response Team – NY Self-Defense Law

New York Firearms Attorney Peter Tilem has been named to the Critical Response Team of the United States Concealed Carry Association. The USCCA Critical Response Team is an exclusive community of qualified attorneys that are committed to defending the rights of responsible gun owners in New York State and throughout…

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NATIONAL CONCEALED CARRY RECIPROCITY vs. NEW YORK STATE GUN LAWS

As New York firearms lawyers we think it is important to keep the public updated on possible significant changes to New York gun laws. The idea of national concealed carry reciprocity is not a new idea but it is an idea that may be close to becoming law. The theory…

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MAN ARRESTED WITH “HIGH CAPACITY MAGAZINE” AT LAGUARDIA AIRPORT HAS FELONIES DISMISSED AND PLEADS TO NON-CRIMINAL DISORDERLY CONDUCT

In yet another victory in a New York firearms case, a Tilem & Associates client arrested in New York’s LaGuardia airport in September with an alleged “high capacity” magazine had all felony charges dismissed and only pled guilty to a non-criminal disorderly conduct, a violation but not a crime under…

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THE ANATOMY OF BEATING A FIREARMS CHARGE – Judges and Jurors May Not Always Support Draconian Gun Laws

A recent victory by Firearms Attorneys Tilem & Associates in Queens County Supreme Court demonstrates exactly how to beat a firearms charge even in gun hating states like New York. While New York prosecutors seek to strictly enforce New York’s draconian gun laws, it turns out that jurors and judges…

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New York Gun Laws vs. the Federal Law Enforcement Officers Safety Act

Introduction As experienced New York Second Amendment Lawyers we often think that we have seen it all but recently we handled a gun case using the Law Enforcement Officers Safety Act (LEOSA) also commonly called HR218 as a defense to New York State gun charges under some unusual circumstances. Just…

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