A recent case Criminal Possession of a Forged Instrument case before an appellate court in New York highlights the power that police officers have to search personal vehicles and seize suspicious items upon discovering evidence of criminal activity. In this case, in particular, the State of New York charged the…
Recently, a defendant in a New York DWI case filed an appeal of the lower court’s decision regarding his sentence for driving while intoxicated and criminal mischief. The lower court had sentenced the defendant to two years in prison, which the defendant argued was excessive. The higher court looked at…
Recently, a defendant in New York appealed his convictions for possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree. The defendant was charged several years ago, and at trial he was found guilty as charged in January 2017. On…
In a recent case before the Appellate Division, First Department in New York, the court decided another issue regarding jury selection in favor of two defendants who the Court said were entitled to a new trial after a possible error in jury selection prior to the the trial. The defendants…
In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his guilty verdict. Originally, the defendant was charged with criminal possession of a weapon in the second…
In a July 2023 case before the Appellate Division, Third Department in New York, the defendant asked for the court to reconsider his guilty verdict for menacing a police officer pursuant to Penal law 120.18. According to the defendant, there was insufficient evidence to allow a jury to find him…
Tax fraud is a major issue for the state of New York, and it has taken the trial of one of the state’s most famous natives to really shine a light on the issue. Convictions for tax fraud are very rare, given the complexity of such cases. Despite this, New York State…
As we have discussed, the defense of justification, or self-defense is one of the most important defenses that exist in New York criminal law. Once the defense of self defense is raised the burden is on the prosecution to disprove self-defense beyond a reasonable doubt. Recently, the Appellate Division, Second…
In a July 2023 burglary case before the Appellate Division, Second Department in New York, the defendant highlighted possible issues in identifying a suspect through surveillance footage. This case involved a defendant who was charged with and eventually convicted of Burglary in the Second Degree. The defendant appealed his conviction,…
In a June 2023 case before the Appellate Division, Second Department in New York, the defendant successfully argued for a reversal of his conviction of robbery in the third degree and criminal possession of stolen property in the fifth degree. Originally, a jury found the defendant guilty after an incident…