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New York Criminal Attorney Blog

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New York Court Discusses Inherent Unreliability of Cross-Racial Identification

Experienced criminal attorneys have long been aware of the inherent unreliability of cross racial identification.  Cross-racial identification is the eyewitness identification of a suspect in a  criminal case when the witness is a different race than the suspect.  Recently, an appellate court issued a written opinion in a New York…

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New York Appellate Court Finds Trial Court Denied Defendant Right to Counsel During Request for DNA Test

All defendants in New York criminal cases enjoy the right to have the assistance of competent counsel at all critical stages of the case against them. In a recent New York homicide opinion, the New York Court of Appeals determined that a trial judge denied a defendant the right to counsel…

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New York High Court Rejects Defendant’s Ineffective Assistance of Counsel Claim in Aggravated Harassment Claim

If you are involved in a criminal matter, it is critical for your lawyer to provide you with diligent, experienced, and knowledgeable legal counsel. Although many lawyers take their duty seriously, some lawyers fail to provide their clients with appropriate representation. As a recognition of the impact that this can have…

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New York Court Discusses the Crime of Conspiracy, Reversing Defendant’s Conviction

New York criminal lawyers understand that a conspiracy to commit a crime requires that the defendant agree with one or more other person to commit the crime.  Earlier this month, New York’s highest court issued a written opinion in a New York criminal case involving allegations that the defendant was…

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New York Appellate Court Reverses Conviction Based on Improper Use of Peremptory Strikes During Jury Selection

As we have been discussing in previous blogs, there are many different issues that can arise in the jury selection process. The main objective is to ensure that the jurors who are selected for the trial will act without bias and that they will be able to apply the law…

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New York Appellate Court Upholds Conviction in Coercion Case Based on Defendant’s Failure to Make a Timely Objection

One of the most critical phases of a trial is providing instructions to the jury before deliberation. There are form jury instructions that the judge can use, but the parties are also allowed to offer suggested jury instructions. The type of instructions that the jury receives can have a serious…

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New York Appellate Court Upholds Lower Court Denial of Motion to Dismiss Juror Based on Allegations of Impartiality and Bias

As we discussed in our previous blog, if you are involved in a criminal trial, one of the most crucial steps is selecting the jurors. There are many rules that apply to this part of the legal process, and it is crucial to make sure you protect your right to…

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New York Appellate Court Reverses Murder Conviction Based on Lower Court’s Refusal to Allow Questioning of Prospective Jurors

As experienced New York criminal defense lawyers, we often receive questions about the jury selection process and the rules that apply to ensure that a fair and unbiased jury is selected.  Jury selection, the process of choosing fair and impartial jurors can be one of the most critical stages of…

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New York Appellate Court Reverses Second-Time Violent Offender Classification Based on Improper Sentencing

New York Criminal Lawyers know that Sentencing is one of the most critical aspects of any criminal prosecution. During this phase, the court will consider many different factors and determine the appropriate sentence for the defendant. There are many types of sentences from which a judge can choose, but in…

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