In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decision to let a witness identify him as the perpetrator of a shooting for the first time while she was…
Articles Posted in GUN CRIMES
New York Defendant Successfully Argues for Guilty Plea to be Vacated in Weapons Case, Highlighting Importance of Reasonable Suspicion in Police Stops
In a recent case before a New York court, the defendant appealed the lower court’s denial of his motion to suppress tangible evidence. The defendant originally pled guilty to criminal possession of a weapon in the second degree, but he argued on appeal that the officers arresting him did not…
New York Defendant in Weapons Case Unsuccessfully Appeals Denial of Motion to Suppress
In an October 2023 case before a New York court, the defendant appealed the lower of the lower court’s denial of his motion to suppress incriminating evidence. The defendant was originally charged with criminal possession of a weapon based on a 2015 run-in with police officers. After being criminally charged…
New York Defendant Unsuccessfully Appeals Criminal Possession of a Weapon Conviction, Despite Argument Regarding Discriminatory Juror Striking
In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his guilty verdict. Originally, the defendant was charged with criminal possession of a weapon in the second…
Appellate Court Sides with Defendant in New York Firearm Possession Case
Last month, an appellate court in New York ruled in favor of the defendant in a New York gun case involving the suppression of physical evidence. Originally, a police officer pulled the defendant over when he was driving, and the officer found a firearm on the defendant’s person. The lower…
New York Appeals Court Sides with Defendant in Firearm Case
In a recent case before a New York appellate court, the defendant asked the court to reconsider his conviction for criminal possession of a weapon in the second degree. In his appeal, the defendant argued that the lower court should have suppressed evidence obtained by the police officers that caught…
New York Court of Appeals Sides with Defendants in Recent Firearms Case
In a recent New York gun case before an appellate court in the state of New York, the court had to decide whether a search warrant executed by several state troopers was valid. Originally, the trial court decided that evidence found by the troopers should be suppressed, and it granted…
New York Appellate Court Sides with Defendant in the Face of Unfair Treatment from Police Officer
Last month, the Appellate Court decided the prosecution’s appeal of a lower court’s unfavorable decision in a firearm possession case. It is unusual for the prosecutors to appeal and they can only do so under very limited circumstances. The State had originally asked the lower court to admit evidence, including…
New York Defendant in Firearms Case Successfully Appeals Denial of Motion to Suppress
Last month, a New York defendant in a firearms possession case successfully appealed an unfavorable decision from the lower court. Originally, the trial court had denied the defendant’s motion to suppress the gun in this case, which was found by the two officers that arrested the defendant. The defendant argued…
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…