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Articles Posted in GUN CRIMES

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New York Court Denies Defendant’s Appeal in New York Firearm Case, Rejecting Defendant’s Motion to Suppress Physical Evidence

In a recent opinion decided in a New York appellate court, the defendant unsuccessfully appealed his New York firearm case. The defendant was originally found guilty of criminal possession of a weapon in the second degree and unlawful possession of pistol ammunition. When evaluating the defendant’s appeal, the court used…

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New York’s New Gun Laws Part III – Expanded Red Flag Laws and Requirement of Microstamping

EXPANSION OF RED FLAG LAWS On June 6, 2022 Governor Kathy Hochul signed an expansion of New York’s already problematic red flag laws giving the right to file Extreme Risk Protection Petitions to a wide range of health care workers.  The list of healthcare workers includes doctors, nurses, social workers,…

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New York’s New Gun Laws Part II – Licenses for semi automatic rifles and ban on sale and purchase body vests

New York’s New Type of License – Semi Automatic Rifles Among the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license before purchasing or acquiring a new semiautomatic rifle (other than an “assault rifle“).  The intention seems to have…

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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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New York Court Grants Defendant’s Motion to Suppress in Firearm Case

In a recent New York gun crime case decided by a New York City trial court, one of two defendants filed a motion to suppress incriminating evidence. The court, looking at the circumstances surrounding the case, granted the defendant’s motion after considering the fact that the police officer that found…

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New York Court Denies Defendant’s Appeal in Gun Case, Citing Sufficiency of Video Evidence

In a recent New York gun crime case a the defendant unsuccessfully argued, on appeal, that his conviction should be reversed based on questionable scientific methodologies used by the prosecutor. Originally, the defendant was charged with criminal possession of a gun after a violent altercation in a store. After a…

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New York Court Denies Defendant’s Appeal in Firearms Case

In a recent decision coming out of a New York court, the defendant’s appeal of his New York firearm conviction was denied. Originally, the defendant was charged after police officers found a firearm inside of his backpack while the defendant and some of his acquaintances were gathered in another person’s…

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New York Court Denies Defendant’s Appeal in Drug and Firearm Case, Despite Argument Citing Newly Enacted Marijuana Law

In a recent case coming out of a New York court, the defendant appealed his guilty conviction for criminal possession of a weapon in the second degree. Officers searched for this weapon only because they had previously smelled marijuana in the defendant’s car, making them suspicious of additional drug or…

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