Recently, a New York appellate court issued a written opinion in a New York DWI case discussing the defendant’s motion to suppress evidence obtained during what could be characterized as a “wellness check.” Ultimately, the court held that the officer’s actions were justified, and denied the defendant’s motion. The Facts…
In most cases, driving while intoxicated (DWI) charges come after police notice a motorist driving erratically or otherwise violating a New York traffic law. In other cases a person may be stopped at a DWI checkpoint. After law enforcement pulls over a driver, they may notice signs of intoxication, such…
An appellate court recently issued an opinion affirming aggravated assault charges against a New York criminal defendant. Using one accusatory instrument for two separate incidents, prosecutors charged the defendant with harassment in the second degree, and two counts of aggravated harassment in the second degree. The complainant alleged that the…
Recently, an appellate court issued an opinion in a New York criminal defendant’s appeal, arguing that a trial court erred in denying his motion to suppress evidence found in his vehicle. According to the court’s opinion, police were involved in a high-speed chase with the defendant that ended when the…
Facial recognition is a widely-used technological device that uses cameras and artificial intelligence to identify facial features and track people. In some cases, facial recognition is a useful tool in identifying individuals, allowing them to enter buildings, computer systems, phones, and log in to accounts swiftly and safely. However, like…
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…