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Articles Posted in Violent Crimes

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New York Defendant Loses Appeal in Case Centering on Possible Issue with In-Court Identification

In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decision to let a witness identify him as the perpetrator of a shooting for the first time while she was…

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New York Court Denies Defendant’s Appeal in Murder Case, Ruling that Lineup was Not Overly Suggestive

In a November 2023 case before an appellate court in New York, the defendant appealed his convictions of murder in the second degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the trial court made a mistake in refusing to suppress identification…

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New York Defendant in Second Degree Murder Case Gets New Trial Based on Improper Questioning by Police Officers

In an October 2023 Murder case before the Appellate Division, First Department, the defendant argued that several of his incriminating statements to police officers should have been suppressed by the lower court. The defendant was originally convicted of murder in the second degree, and the lower court sentenced him to…

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New York Defendant Successfully Appeals Sentence in Assault Case Based on Age at His Time of the Crime

In a recent matter before the Supreme Court, Appellate Division, Third Department, the court modified a defendant’s judgment in his favor, vacating part of his sentence for an assault conviction from 2013. The defendant asked the court to reconsider part of his sentence given his young age at the time…

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New York Court Rules Defendants Entitled to New Trial After Issues During Jury Selection

In a recent case before the Appellate Division, First Department in New York, the court decided another issue regarding jury selection in favor of  two defendants who the Court said were entitled to a new trial after a possible error in jury selection prior to the the trial. The defendants…

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New York Court Affirms Defendant’s Conviction in Murder Case, Despite Multiple Arguments for Reversal

In a recent case before an appellate court in New York, the defendant presented multiple arguments in an attempt to reverse his conviction for murder in the second degree. Ultimately, the court decided that because the evidence was legally sufficient to support the guilty verdict, the defendant’s appeal should be…

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New York Court Reverses Appellate Division’s Ruling on Sufficiency of the Evidence

In a recent case before a New York appeals court, the State asked for a reconsideration of an appellate division’s unfavorable decision. Originally, the defendant was convicted of assault in the second degree. In January 2022, the Appellate Division of the Supreme Court of New York reversed the defendant’s guilty…

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Young Defendant in New York Successfully Overturns Unfavorable Trial Court Decision

Last month, a New York appellate court decided a case that overturned a young defendant’s murder conviction after trial and suppressed statements that were made to his father and recorded by the police in the police station. Originally, the defendant had been found guilty of several violent crimes, including murder…

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Recent Appellate Case Highlights the Collateral Consequences of a Domestic Violence Arrest

In a recent Domestic Violence case being prosecuted in Bronx County, the defendant challenged the issuance of a Temporary Order of Protection during the pendency of his Criminal Obstruction of Breathing or Blood Circulation (Strangulation) prosecution that prevented him from living in the home that he owned.   A 2021 decision…

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