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…
New York Criminal Attorney Blog
New York Defendant Unsuccessfully Appeals Conviction for Criminal Possession of a Weapon
Recently, the New York Appellate Division, Third Department issued an opinion in a case involving a defendant’s attempt to reverse his conviction for a gun crime. On appeal, the defendant asked the court to review the evidence from trial and come to the conclusion that there was insufficient evidence to…
New York Defendant Unsuccessfully Argues Appeal in Weapons Case
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,…
New York Court Denies Defendant’s Appeal in New York Drug Case, Rejecting Defendant’s Motion to Suppress Statements to Law Enforcement Officials
In a recent case involving a New York drug crime, the defendant unsuccessfully appealed his conviction of three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree. In the appeal, the defendant argued…
Successfully Moving to Controvert a Search Warrant – Evidence Suppressed and Case Dismissed
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…
Defendant Appeals Drug Conviction, Citing Inadequacy of Arresting Officer’s Original Statement
In a recent New York drug case, the defendant successfully appealed his conviction for drug possession. When the defendant was originally charged in 2018, the officer arresting him failed to provide specific enough information that would allow a court to conclude that the defendant possessed illegal drugs. Because the defendant…
New York Court Denies Defendant Relief Under Statute Guaranteeing Right to Speedy Trial
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,…
New York Defendant Denied Right to Jury Trial in Recent Criminal Case
In a recent New York sexual abuse case, the defendant unsuccessfully argued that he had the right to a jury trial under the U.S. Constitution. After being charged with and several sex crimes, the defendant asked for a jury trial so that he could get a fair hearing before potentially…
New York Defendant Successfully Appeals Conviction in Sexual Assault Case
In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in November 2016, after he went through a jury trial based on his charges and received an unfavorable verdict. He…
New York Court Denies Defendant’s Appeal in Gun Case, Despite Defendant’s Argument Regarding Plain View Doctrine
In a recent case involving a New York gun crime, the defendant unsuccessfully appealed his conviction of attempted criminal possession of a weapon in the second degree. In the appeal, the defendant argued that the officer who found the weapon in question had no right to search his private vehicle,…