In a recent opinion from a New York court, a defendant’s motion to suppress was denied. The defendant was charged with criminal possession of a weapon after police arrived at his building to investigate a domestic disturbance. He argued on appeal that the officers who found the gun violated his…
New York Criminal Attorney Blog
Scathing Dissent Submitted by New York Appellate Judge in Fourth Amendment Case
The Fourth Amendment to the United States Constitution protects residents from unreasonable search and seizure of themselves and their property by law enforcement. The protections afforded by the Fourth Amendment are generally understood to be the strongest when the home of a suspect is involved. The New York Court of…
New York Appellate Division Vacates or Reduces Several Sex Crime Convictions
When juries are given the ability to determine a defendant’s guilt, the stigma of the crimes alleged sometimes plays a larger factor in the jury’s decision than evaluation of the required elements of the crime. Because of this, it is extremely important in the administration of criminal justice that juries…
ARE EIGHTY PERCENT LOWERS LEGAL IN NEW YORK (IT DEPENDS)
As New York’s premier Second Amendment Lawyers we are monitoring pending legislation to criminalize the Click Here For A Critical Update on 80% Lowers in New York possession and sale of 80% (Eighty Percent ) lowers in NY. These unfinished frames have been a recent target of the anti gun…
New York Sex Offenses: A Comprehensive Look at State Law
In New York, sex crimes vary in type, degree, and consequences. To know the law and know where you stand, it is important to familiarize yourself with the various elements of each crime. Staying informed and hiring an experienced sex crimes defense lawyer are the best ways to guarantee you…
Court Discusses Admissibility of Defendant’s Statements to Police in Recent New York Robbery Case
Recently, a state appellate court issued a written opinion in a New York robbery case involving a defendant’s motion to suppress statements he made to law enforcement. Specifically, the case required the court determine if the defendant’s statements were admissible or whether they were the product of a violation of…
New York Court Refuses to Suppress Drug Evidence Found During Warrantless Vehicle Search
The Fourth Amendment of the Constitution is the amendment that protects individuals against unreasonable searches and seizures at the hands of law enforcement. This constitutional protection is typically understood to require that an officer have a warrant before conducting a search. However, over time the courts have interpreted the Fourth…
New York Court Affirms that Tips Called in to 911 Must Be Reliable to Justify a Warrantless Stop
In many cases, such as gun cases or drug cases, law enforcement agencies rely on the public to report criminal or suspicious activity to the police or emergency phone line. Tips received by police from the public can help an officer form reasonable suspicion that someone has committed, is committing,…
New York Court Denies Defendant’s Request to Suppress Statements Made After Hit and Run Accident
In a recent opinion from a New York court involving a leaving the scene of an accident, the defendant’s motion to suppress was denied. The defendant was convicted of aggravated unlicensed operation of a motor vehicle in the first degree and filed a motion to suppress several statements he made…
IS IT ILLEGAL TO USE A FAKE VACCINE CARD
Vaccine cards have become commonplace in New York, throughout the US and indeed the world. Like everything else of value, there has been a black market in fake vaccine cards that has evolved and has taken hold as the vaccine becomes mandatory in so many places. To make matters worse,…