A police officer cannot stop a pedestrian or motorist for just any reason. New York criminal law requires that an officer possesses reasonable suspicion before initiating a pedestrian stop or motor-vehicle stop. Specifically, the officer must have a reasonable suspicion that “a crime has been, is being, or is about…
Recently, a state appellate court issued an opinion in a New York forgery case discussing whether concert and sport event tickets can fall within the statute governing criminal possession of a forged instrument in the second degree. Ultimately, the court concluded that tickets to concerts or sporting events affect the…
The issue of whether a statement taken by New York CPS workers after a defendant had been arrested in a related criminal case and the defendant’s right to counsel had attached, was recently discussed by a New York Appellate Court. After police make an arrest, they will often bring the…
Recently, a New York state appellate court issued an opinion in a New York gun possession case discussing the concept of constructive possession as well as the state’s “automobile presumption.” Ultimately, the court concluded that the jury’s verdict finding that the defendant possessed the gun was supported by the evidence…
A New York state appellate court issued a written opinion in a New York gun case presenting an interesting issue. Specifically, the case requires the court to determine if the defendant’s arrest was illegal because a U.S. Customs agent initiated a traffic stop outside of his jurisdiction and without authority…
Recently, a New York court issued a written opinion in a New York DWI case granting the defendant’s motion to suppress the results of the field sobriety tests administered by the arresting officer. The court also granted the defendant’s motion to suppress the results of the chemical testing that was…
Earlier this month, a state appellate court issued a written opinion in a New York gun possession case discussing two important concepts that frequently come up in any case involving a possessory offense, including New York drug crimes. Ultimately, the court concluded that the police officers acted appropriately and it…
As we have discussed many times, experienced criminal defense lawyers know, that seeking suppression of evidence can often be the best defense to a crime charging possession (of drugs, guns or other illegal items). Recently, a state appellate court issued a written opinion in a New York gun possession case.…
Character evidence is one of the most misunderstood types of evidence available. It is also evidence that can backfire on the party calling the witness. As a rule, all relevant evidence is admissible in New York criminal trials. Relevant evidence is defined as evidence “having any tendency to make the…
Earlier this month, a state court issued a written opinion in a New York gun case discussing whether a police officer’s actions in approaching, questioning, and searching the defendant were justified under the circumstances. Ultimately, the court concluded that the officer’s actions were unsupported by the requisite level of suspicion,…