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New York Criminal Attorney Blog

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New York Defendant Successfully Appeals Gun Conviction, Highlighting Importance of Effective Counsel During Trial Proceedings

In a recent New York firearms case before the New York Court of Appeals, the defendant successfully asked for his conviction for criminal possession of a weapon to be overturned. The decision, issued at the end of 2023, illustrates the importance of choosing and retaining a thorough, knowledgeable and experienced…

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New York Defendant Loses Appeal in Case Centering on Possible Issue with In-Court Identification

In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decision to let a witness identify him as the perpetrator of a shooting for the first time while she was…

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New York Court Reaches Pro-Defendant Decision in Narcotics-Detection Dog Case, Ruling that Sniffing Does Indeed Constitute a Search

In a recent drug case in New York, the Court of Appeals, New York’s highest Court held that using a narcotics-detection dog to sniff a criminal suspect’s body is defined as a “search.” Before this case, New York case law was unclear about whether this specific action constituted a search,…

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New York Court Sides with Defendant in Weapon Possession Case, Affirming that Prior Bad Acts are Generally Inadmissible at Trial

In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an officer found a .45 caliber gun in his vehicle’s center console. His case went to trial, and a jury found him…

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New York Criminal Case Highlights Danger of Providing Inconsistent Statements to Police Officers

In a recent criminal case before the New York Court of Appeals, New York’s highest Court, the defendant appealed a conviction that he argued was based on an officer’s unlawful search of his vehicle. In the opinion, the court highlighted the defendant’s inconsistent statements to the police officer that searched…

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New York Court Denies Defendant’s Appeal in Murder Case, Ruling that Lineup was Not Overly Suggestive

In a November 2023 case before an appellate court in New York, the defendant appealed his convictions of murder in the second degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the trial court made a mistake in refusing to suppress identification…

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New York Defendant Challenges Denial of Motion to Suppress in Recent Drug Case

In a recent New York Gun case before the Appellate Division, Second Department in New York, the defendant unsuccessfully asked for the court to reverse a trial court’s denial of his motion to suppress. The defendant originally faced charges for criminal possession of a weapon, unlawful possession of marijuana, and…

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New York Defendant in Second Degree Murder Case Gets New Trial Based on Improper Questioning by Police Officers

In an October 2023 Murder case before the Appellate Division, First Department, the defendant argued that several of his incriminating statements to police officers should have been suppressed by the lower court. The defendant was originally convicted of murder in the second degree, and the lower court sentenced him to…

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New York Defendant Unsuccessfully Argues for Suppression of Incriminating Evidence, Highlighting the Importance of Establishing Standing in Suppression Cases

Recently, in a New York criminal case involving possession of a forged instrument, the defendant argued that the lower court should have granted his motion to suppress evidence found in the car he was driving.  An officer first pulled the defendant over for speeding, and the officer found a credit…

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