Recently, a state appellate court issued an opinion in a New York gun possession case discussing the defendant’s claim that officers searched him without possessing the necessary probable cause or reasonable suspicion. After reviewing the evidence and applying the relevant law, the appellate court agreed, finding that the defendant’s motion…
Articles Posted in GUN CRIMES
New York Court Rejects Defendant’s Motion to Suppress in Recent Gun Case
Earlier this year, a state appellate court issued an opinion in a New York gun possession case, requiring the court to review the lower court’s decision denying the defendant’s motion to suppress. After reviewing the facts and applicable legal principles, the court agreed with the court below, affirming the denial…
New York Court Denies Defendant’s Motion to Suppress Based on Lack of Standing
Last month, a state appellate court issued a written opinion in a New York gun case, raising the issue of whether the defendant had standing to bring a motion to suppress the physical evidence in the case. Specifically, the defendant intended on suppressing a firearm that was found in a…
New York Court Condones Traffic Stop Conducted by Customs and Border Patrol Agent
Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the defendant’s motion to suppress a weapon that police officers found in his car. The case presents a unique issue in that a federal marine interdiction officer – not a police officer…
New York Gun Rights Attorneys Announce New Pre-Paid Legal Service for New York Gun Owners
Tilem & Associates, New York’s premier law firm for gun owners is pleased to announce the creation of a new pre-paid legal program, NY Tac Defense, for New York gun owners which includes legal representation for self-defense cases and red flag (ERPO) cases for enrolled clients. Clients enrolled in the…
New York Court Suppresses Gun Found Following Traffic Stop
Earlier this month, a state appellate court issued a written opinion in a New York gun case, reversing a lower court that found the defendant’s motion to suppress lacked merit. In holding that the defendant’s motion should have been granted, the appellate court explained that the defendant’s conduct failed to…
New York Court Finds Inexperienced Officer Lacked a “Founded Suspicion” to Stop, Question, and Search Defendant
Last month, a state appellate court issued a written opinion in a New York gun possession case discussing whether the arresting officer had a “founded suspicion” that there was criminal activity afoot. Ultimately, the court held that the defendant’s motion to suppress the firearm that was found on him should…
Supreme Court Issues Opinion Impacting New York Defendants with Prior Drug Convictions
As we reported in February, the Supreme Court heard argument on a drug case that will likely have significant consequences for many facing New York gun charges. Now, the United States Supreme Court issued a written opinion in the case. Specifically, the case required the Court to interpret the provision…
Court Discusses New York Automobile Exception to the Search Warrant Requirement
Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the automobile exception to the search warrant requirement. Generally, law enforcement must obtain a search warrant that is supported by probable cause before they can conduct a search. However, over the years,…
The 12 Most Ridiculous Gun Laws
As Second Amendment lawyers in New York you would imagine that we are familiar with idiotic “gun control” laws. Which is why an article in this month’s Ballistic Magazine about the twelve most idiotic gun laws caught my eye. To be sure New York, along with neighboring New Jersey are…