A New York court recently issued an opinion addressing several questions stemming from a defendant’s New York driving while intoxicated charges. Amongst several issues, the court addressed whether New York’s fellow officer rule applied to the facts of the accused’s case. According to the record, a police sergeant received a…
The New York and federal constitutions provide fundamental rights to all citizens. Among the most important are those contained in the Fourth Amendment. The Fourth Amendment generally protects citizens from unreasonable searches and seizures. Historically, this meant that police officers needed to obtain a warrant before searching a person, their…
Recently, a state appellate court issued an opinion in a New York kidnapping case. In its opinion, the court addressed the defendant’s motion to suppress physical evidence obtained when the officers executed a warrantless search of his home. The defendant also sought suppression of post-arrest statements he made to detectives.…
Earlier this year, a state appellate court issued an opinion in a New York Drinking and Driving case discussing the standard courts use to determine whether a police officer’s actions were justified in stopping a parked car. Ultimately, the court concluded that the officer’s stop of the defendant was valid,…
An appellate court recently issued an opinion in a defendant’s appeal of his New York murder conviction. At the core of the defendant’s appeal is whether the officers who took him into custody had probable cause to arrest him. Before the police officers took the defendant into custody, they interviewed…
New York drug and gun offenses and convictions can have long-term repercussions, including lengthy prison sentences. Defendants must understand their rights after being arrested, charged, or convicted of a criminal offense. Additionally, it is vital that defendants understand the typical steps of a New York criminal case. Including, arraignment, pre-trial…
A state appellate court recently issued a decision in a New York gun case, involving a defendant’s appeal of a jury verdict, finding him guilty of criminal possession of a weapon. The defendant appealed the jury verdict arguing that the New York Supreme Court erred in refusing to suppress evidence…
Recently, the New York Court of Appeals, New York State’s highest Court, issued an opinion, in a New York gun case, which reversed a lower court’s denial of a defendant’s motion to suppress evidence a gun. The case arose after a police officer stopped the vehicle the defendant was traveling…
In New York, law enforcement may impound a person’s car for several reasons, and not all of the reasons require the commission of a crime. However, the main reasons police officers may impound a car occur when the driver is driving under the influence of drugs or alcohol, if the…
Recently, a state appellate court issued an opinion in a New York homicide case involving a defendant’s appeal of his conviction. The defendant appealed the lower court’s decision to admit his statement to police in the moments after the murder. However, the appellate court found that there was no error…