In a recent gun case before the New York Appellate Division, First Department, the defendant asked the court to reconsider the trial court’s denial of his motion to suppress. After reviewing the defendant’s argument, the higher court disagreed, ultimately concluding that the police officer searching the defendant’s bag was within…
In a recent New York gun case, the Court upheld a warrantless search of a defendant’s bag. Under New York law, when a police officer does not have prior approval from a judge, the officer is still allowed to search and seize a person’s private property under certain limited circumstances.…
In 2017, New York case law created a new precedent indicating that when identification is an issue in a criminal case, and when the identifying witness and defendant are seemingly of different races, the defendant is entitled to a charge on “cross-racial identification.” This means that when a witness identifies…
In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an officer found a .45 caliber gun in his vehicle’s center console. His case went to trial, and a jury found him…
In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his guilty verdict. Originally, the defendant was charged with criminal possession of a weapon in the second…
In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the officers’ search warrants were invalid and…
Earlier this month, an appellate court in New York ruled in favor of a defendant after he was found guilty of both criminal possession of a weapon and possession of controlled substances. On appeal, the defendant argued that the lower court was incorrect when it decided to admit incriminating statements…
In a recent case decided in a New York appellate court, the defendant unsuccessfully appealed his conviction for criminal possession of a weapon in the second degree. On appeal, one of the defendant’s main arguments was that the trial court had improperly denied his motion to suppress; according to him,…
In a recent decision coming out of a New York court, the defendant’s appeal of his New York firearm conviction was denied. Originally, the defendant was charged after police officers found a firearm inside of his backpack while the defendant and some of his acquaintances were gathered in another person’s…
We wrote a very popular blog about whether you can take your lawfully possessed pistol on vacation with you in Puerto Rico, subsequent to the easing of gun laws in Puerto Rico. Now we explore the gun laws in the US Virgin Islands and in particular whether you can take…