In a recent criminal case before the New York Court of Appeals, New York’s highest Court, the defendant appealed a conviction that he argued was based on an officer’s unlawful search of his vehicle. In the opinion, the court highlighted the defendant’s inconsistent statements to the police officer that searched…
Driving with a suspended license can be an extremely serious offense in New York with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree being a Felony in New York. A recent decision decided toward the end of April, in the Appellate Division, Third Department, demonstrates why these…
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…
We have discussed in past blogs how New York’s speedy trial statute can be effectively used in many criminal cases. In a recent case coming out of a New York court, the defendant appealed convictions for three misdemeanor counts and three traffic infractions that had arisen in 2014. On appeal,…
Recently, a state appellate court issued an opinion in a New York Leaving the Scene of an Accident case which required the court to analyze whether a defendant’s statements that were elicited before he was given his Miranda warnings were admissible at trial. Ultimately, the court held that, because the…
A bill which would end the New York State Department of Motor Vehicles (DMV) practice of suspending driver’s licenses for unpaid fines and driver responsibility assessments has past both the New York State Assembly and the New York State Senate and is currently awaiting the signature of Governor Cuomo. The…
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…
Earlier this month, the United States Supreme court issued a written opinion in a criminal law case discussing an issue that will become very important in many New York drug possession and firearms cases. The case involved the question as to whether a police officer can reasonably assume that the…
Police officers must have a justifiable reason when they decide to pull over a motorist and initiate a traffic stop. Typically, an officer must have either probable cause or a reasonable suspicion, depending on the surrounding circumstances. When the police pull over a driver without a sufficient reason, anything that…
Recently, a New York court issued a written opinion in a New York DWI case granting the defendant’s motion to suppress the results of the field sobriety tests administered by the arresting officer. The court also granted the defendant’s motion to suppress the results of the chemical testing that was…