In People v. Bacon, the New York Court of Appeals reaffirmed a long-standing rule: if your defense lawyer fails to raise a specific constitutional objection during trial, you may lose the ability to argue that issue on appeal. This decision is a clear warning to anyone charged with a serious…
If you’ve been arrested and are facing a jury trial, one of the most important stages in a jury trial is jury selection. A single biased juror can jeopardize the fairness of your entire case. In a recent opinion out of Brooklyn, a defendant convicted of criminal possession of a…
If you’re a survivor of domestic violence and serving time for a crime you committed while in an abusive relationship, you may be wondering whether New York law allows you to be resentenced based on your trauma. Under Criminal Procedure Law § 440.47, the Domestic Violence Survivors Justice Act (DVSJA)…
When you’re accused of a sex crime, one of the most damaging developments in your case can be the admission of past allegations—especially if they involve similar conduct. In People v. Sin, the New York Court of Appeals upheld a conviction for first-degree rape and sexual abuse, ruling that testimony…
When you’ve been accused of a serious crime like murder, every decision you make during a police interrogation matters—including what you say and whether you waive your right to remain silent. In a recent case out of Queens, the New York Appellate Division reviewed whether a defendant’s statements to police…
The most significant Second Amendment case to come out of New York in spring 2025 was Antonyuk v. James, a direct challenge to the state’s Concealed Carry Improvement Act (CCIA). On April 7, 2025, the United States Supreme Court declined to hear the case, leaving in place a decision by…
In a rare but powerful decision, a Brooklyn appellate court has reversed a conviction for Brooklyn gun case, vacated the defendant’s guilty plea, suppressed the gun that formed the heart of the prosecution’s case, and dismissed the indictment. The case sends a clear message: when the police can’t meet their…
A recent appeal from Tompkins County shows how quickly a violent-felony indictment can turn into a long prison term—and how limited your options become once you plead guilty. The defendant, accused of taking part in a rolling gunfight that ended with a deadly crash, eventually accepted a plea to manslaughter…
Getting stopped while driving with a suspended license can feel like the end of the road. Your first instinct may be to panic—Will you go to jail? Do you have a defense? Two recent appeals, People v. Willis and People v. Martinez-Fernandez, show that prosecutors still have to prove key…
When a judge warns that losing at trial could mean forty-five years behind bars for a series of burglary charges, even the most confident defendant will think twice about exercising the right to a jury. That was the scenario facing twenty-three-year-old Marquese Scott, who accepted a six-to-eight-year offer on three…