A recent case Criminal Possession of a Forged Instrument case before an appellate court in New York highlights the power that police officers have to search personal vehicles and seize suspicious items upon discovering evidence of criminal activity. In this case, in particular, the State of New York charged the…
In a recent New York drug offense case subject to appellate review in the state of New York, the defendant challenged the lower court’s denial of his motion to suppress. The defendant was originally stopped by a police officer after the officer saw him exit his vehicle and pull up…
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…
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…
In a recent case involving leaving the scene of an accident or incident before a New York appellate court, the defendant successfully argued that his motion to suppress was improperly denied by the lower court. The defendant was criminally charged and convicted after an incident in which he left the…
In a robbery case before a New York appeals court earlier this month, the defendant asked the court to reconsider an unfavorable decision he received at the trial court level. Originally, the defendant was criminally charged with robbery and criminal possession of a weapon, and he asked the lower court…
The Fourth and Fourteenth Amendments to the U.S. The Constitution prohibits law enforcement officers and other government agents from conducting an illegal search or seizure of persons or property in furtherance of a criminal investigation or prosecution. New York’s state Constitution contains similar provisions. Generally, these Constitutional protections require law…
In a recent New York criminal case, the defendant successfully filed a motion to suppress physical evidence. The defendant was charged with robbery in the second degree, robbery in the third degree, grand larceny in the fourth degree (five counts), criminal possession of stolen property in the fourth degree (four…
Earlier this month, a federal court in New York issued an opinion in a burglary and larceny case, ruling on the defendant’s appeal of his motion to suppress. According to the defendant, the lower court had mistakenly denied his motion to suppress physical evidence as well as statements he made…
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…