Recently, a state appellate court issued an opinion in a New York gun possession case, discussing the defendant’s claim that the lower court erred in failing to provide the jury with a requested instruction. Ultimately, the appellate court agreed with the defendant, awarding him a new trial. The Facts of…
As we wrote in our blog on September 11, 2017, we were of the legal opinion that the Mossberg Shockwave was legal to own and possess in New York. Our opinion in 2017 was based upon the statutory definitions of a firearm, a pistol and a shotgun in New York…
New York drug and gun offenses and convictions can have long-term repercussions, including lengthy prison sentences. Defendants must understand their rights after being arrested, charged, or convicted of a criminal offense. Additionally, it is vital that defendants understand the typical steps of a New York criminal case. Including, arraignment, pre-trial…
A state appellate court recently issued a decision in a New York gun case, involving a defendant’s appeal of a jury verdict, finding him guilty of criminal possession of a weapon. The defendant appealed the jury verdict arguing that the New York Supreme Court erred in refusing to suppress evidence…
On December 18, 2020, gun owners were rocked by proposed guidance from the ATF on the evaluation of the legality of pistol braces. This guidance was of particular concern to New York gun owners who had pistol braces attached to AR style receivers and had thought that the guns they…
Last month, a state appellate court issued an opinion in a New York gun possession case, requiring the court determine if the trial court properly granted the defendant’s motion to suppress a firearm he discarded as police were following him. Ultimately, the court held that the defendant was not seized…
Recently, the New York Court of Appeals, New York State’s highest Court, issued an opinion, in a New York gun case, which reversed a lower court’s denial of a defendant’s motion to suppress evidence a gun. The case arose after a police officer stopped the vehicle the defendant was traveling…
Last month, a state appellate court issued an opinion in a New York attempted murder case, requiring the court to discuss the elements of an “attempt.” The court ultimately found that the defendant’s actions did not constitute an attempt, and vacated his conviction. The Facts of the Case According to…
In New York, law enforcement may impound a person’s car for several reasons, and not all of the reasons require the commission of a crime. However, the main reasons police officers may impound a car occur when the driver is driving under the influence of drugs or alcohol, if the…
Recently, a state appellate court issued an opinion in a New York homicide case involving a defendant’s appeal of his conviction. The defendant appealed the lower court’s decision to admit his statement to police in the moments after the murder. However, the appellate court found that there was no error…