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Updated:
New York Defendant Unsuccessfully Argues that COVID-19 Face Masks Impeded His Right to Fair Trial
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New York Court Issues Opinion Underscoring the Importance of “Voluntary” Confessions in Criminal Cases – GUN CONVICTION REVERSED
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New York Court Uses Defendant’s Actions to Infer Intent to Kill in Violent Crimes Case
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New York Court Emphasizes Restrictive Conditions of Probation in February 2024 Opinion
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Defendant in New York Drug Case Unsuccessfully Asks for Suppression of Incriminating Evidence
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New York Court Denies Defendant’s Appeal in Case Revolving Around Aggravated Family Offense
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New York Criminal Case Emphasizes High Bar for Overly Prejudicial Evidence at Trial
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New York Court Sides with Defendant in Suppression Case, Emphasizing Importance of Fourth Amendment Protections
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Recent Opinion from Chief Judge Highlights Inadequacies of New York Justice System
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New York Court Grants Defendant’s Speedy Trial Motion to Dismiss in Opinion Highlighting Prosecution’s Unpreparedness for Trial
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Getting Your Guns Back After They Are Seized By The Police in New York
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New York Defendant Successfully Appeals Gun Conviction, Highlighting Importance of Effective Counsel During Trial Proceedings
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New York Defendant Loses Appeal in Case Centering on Possible Issue with In-Court Identification
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New York Court Reaches Pro-Defendant Decision in Narcotics-Detection Dog Case, Ruling that Sniffing Does Indeed Constitute 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
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New York Criminal Case Highlights Danger of Providing Inconsistent Statements to Police Officers
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New York Court Denies Defendant’s Appeal in Murder Case, Ruling that Lineup was Not Overly Suggestive
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New York Defendant Challenges Denial of Motion to Suppress in Recent Drug Case
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New York Defendant in Second Degree Murder Case Gets New Trial Based on Improper Questioning by Police Officers
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New York Defendant Successfully Appeals Lower Court’s Decision, Highlighting Importance of Contextualizing Evidence Rules in Sexual Assault Cases
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New York Defendant Unsuccessfully Argues for Suppression of Incriminating Evidence, Highlighting the Importance of Establishing Standing in Suppression Cases
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New York Defendant Successfully Argues for Guilty Plea to be Vacated in Weapons Case, Highlighting Importance of Reasonable Suspicion in Police Stops
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New York Defendant in Weapons Case Unsuccessfully Appeals Denial of Motion to Suppress
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New York Defendant Successfully Appeals Sentence in Assault Case Based on Age at His Time of the Crime
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Understanding the Spectrum of Felonies in New York: A Comprehensive Guide
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New York Defendant Unsuccessfully Appeals Robbery Conviction, As Court Rules that State Successfully Established His Identity at Trial
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New York Defendant in Reckless Assault Case Challenges Lower Court’s Denial of Motion to Suppress
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New York Defendant Challenges Denial of Motion to Suppress in Case Revolving Around Criminal Possession of Skimmer Device
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New York Defendant Successfully Lowers Sentence in DWI Case, Arguing Two-Year Sentence Imposed by Lower Court was Excessive
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New York Defendant Loses Appeal in Drug Case; Court Cites Lack of Standing to Suppress Evidence in its Opinion
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New York Court Rules Defendants Entitled to New Trial After Issues During Jury Selection
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New York Defendant Unsuccessfully Appeals Criminal Possession of a Weapon Conviction, Despite Argument Regarding Discriminatory Juror Striking
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New York Defendant Loses Appeal After Standoff with Police Officers, While Appellate Division Highlights Elements of “Menacing a Police Officer” Crime
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Uncovering the Hidden Ramifications: Exploring Lesser-Known Consequences of New York State Tax Fraud
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New York Court Looks at Justification Defense in Recent Assault Case
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New York Court Denies Defendant’s Appeal in Burglary Case, Despite Questionable Use of Security Footage
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Appellate Division Reverses Lower Court’s Judgment in NY Robbery and Criminal Possession Case, Highlighting the Importance of Unbiased Courts
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Defendant in NY Sex Offender Registration Case Unsuccessfully Asks for Reconsideration of Risk Level
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New York Court Affirms Defendant’s Conviction in Murder Case, Despite Multiple Arguments for Reversal
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Defendant in New York Sex Offender Case Successfully Argues for Reversal of Trial Court’s Decision
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New York Defendant Successfully Appeals Lower Court’s Decision in Stop and Frisk Case
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New York Court Upholds Defendant’s Contempt Conviction, Despite Ineffective Assistance of Counsel Argument
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New York Court Reverses Appellate Division’s Ruling on Sufficiency of the Evidence
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New York Defendant Successfully Moves for New Trial in Second-Degree Murder Case
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Defendant in Rape Case Successfully Asks for Lower Risk Level on New York Sex Registry
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Appellate Court Sides with Defendant in New York Firearm Possession Case
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New York Criminal Possession of a Weapon Conviction Reversed After People Fail to Prove Stick Was a Dangerous Instrument
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Defendant Seeks Reversal of Felony Aggravated Unlicensed Operation Conviction
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Defendant in New York Assault Case Successfully Overturns Part of Guilty Verdict
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Defendant in New York Assault Case Unsuccessfully Argues Evidence of Victim’s Criminal History Should Have Been Admitted During Trial
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New York Appeals Court Sides with Defendant in Firearm Case
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New York Defendant Appeals Denial of Motion to Suppress in Case Involving Fraudulent Credit Cards
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Defendant in New York Criminal Case Successfully Gets Incriminating Statements Suppressed
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Young Defendant in New York Successfully Overturns Unfavorable Trial Court Decision
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Recent Appellate Case Highlights the Collateral Consequences of a Domestic Violence Arrest
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New York Court of Appeals Sides with Defendants in Recent Firearms Case
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New York Defendant Unsuccessfully Argues for Ineffective Assistance of Counsel in Rape Case
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How to Dispute Hearsay Evidence in New York Criminal Cases
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Defendant in New York Assault Case Unsuccessfully Argues for Reversal of Conviction
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Defendant in New York Robbery Case Loses on Appeal of Motion to Suppress
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New York Appellate Court Sides with Defendant in the Face of Unfair Treatment from Police Officer
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New York Murder Defendant Unsuccessfully Argues that Trial Court Violated His Right to Confrontation
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New York Defendant Unsuccessfully Asks Court to Suppress Incriminating Statement Made to Attorney
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New York Defendant in Firearms Case Successfully Appeals Denial of Motion to Suppress
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Defendant in Murder Case Unsuccessfully Appeals Guilty Verdict on Sufficiency Grounds
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Defendant in New York Weapons Case Unsuccessfully Asks Court to Reconsider Evidentiary Ruling
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NEW YORK SUPREME COURT JUSTICE DEEMS NEW YORK’S RED FLAG LAWS ARE UNCONSTITUTIONAL
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New York Appellate Division Finds Weight of the Evidence Sufficient in Recent Homicide Case
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New York Appellate Division Affirms Lower Court Decision in Homicide Case, Rejecting Defendant’s Appeal
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New York Intoxication Defense – Defendant in Assault Case Successfully Argues Jury Should Have Considered Intoxication When Deciding Guilty Verdict
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New York Appellate Division Reverses Burglary Conviction After Illegal Automobile Search
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Criminal Defendant in New York Unsuccessfully Appeals Use of DNA From 1984 Case
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Facing Drug Charges, New York Defendant Argues Warrants Were Insufficient to Support Officers’ Search of His Home
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THE CONCEALED CARRY IMPROVEMENT ACT WHERE WE STAND FOUR MONTHS LATER
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The Importance of a Competent Trial Attorney to Preserve all Potential Appellate Issues
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The Process of Applying for a Gun Permit in New York City
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New York Court of Appeals Sides with Defendant and Suppresses Incriminating Statements
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New York Court of Appeals Affirms Lower Court Decision, Rejecting Defendant’s Appeal
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New York Supreme Court Sides with State in DWI Case
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New York Court Denies Defendant’s Appeal in Firearm Case, Despite Argument that Warrant Was Unauthorized
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New York Court Denies Defendant’s Appeal in Aggravated Vehicular Assault Case
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Court Denies Appeal in New York Gun Crime Case, Rejecting Defendant’s Motion To Suppress Physical Evidence
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New York Court Grants Defendant’s Appeal in New York Criminal Case, Affirming Defendant’s Motion To Suppress Physical Evidence
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The Confrontation Clause of the US Constitution and Criminal Law
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New York Court Denies Defendant’s Appeal in New York Criminal Assault Case, Rejecting Defendant’s Claim That He Lacked Requisite Criminal Intent
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New York Federal Court Sides with Prosecution in Burglary Case, Despite Defendant’s Argument Surrounding Motion to Suppress
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New York Defendant Unsuccessfully Appeals Conviction for Criminal Possession of a Weapon
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New York Defendant Unsuccessfully Argues Appeal in Weapons Case
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New York Court Denies Defendant’s Appeal in New York Drug Case, Rejecting Defendant’s Motion to Suppress Statements to Law Enforcement Officials
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Successfully Moving to Controvert a Search Warrant – Evidence Suppressed and Case Dismissed
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Defendant Appeals Drug Conviction, Citing Inadequacy of Arresting Officer’s Original Statement
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New York Court Denies Defendant Relief Under Statute Guaranteeing Right to Speedy Trial
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New York Defendant Denied Right to Jury Trial in Recent Criminal Case
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New York Defendant Successfully Appeals Conviction in Sexual Assault Case
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New York Court Denies Defendant’s Appeal in Gun Case, Despite Defendant’s Argument Regarding Plain View Doctrine
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New York Court Denies Defendant’s Appeal in New York Firearm Case, Rejecting Defendant’s Motion to Suppress Physical Evidence
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New York’s New Gun Laws Part IV – “Closing Loopholes” Others and Magazines
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New York’s New Gun Laws Part III – Expanded Red Flag Laws and Requirement of Microstamping
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New York’s New Gun Laws Part II – Licenses for semi automatic rifles and ban on sale and purchase body vests
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New York Governor Hochul Signs 10 New Gun Control Measures – Here Is What You Need To Know
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New York Court Denies Defendant’s Argument in Weapons Case that Informant was Unreliable and Untrustworthy
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In Light of the Uvalde Shooting Get Ready for Some Crazy Gun Control Proposals
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New York Court Grants Defendant’s Motion to Suppress in Firearm Case
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New York Court Denies Defendant’s Appeal in Gun Case, Citing Sufficiency of Video Evidence
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New York Defendant Unsuccessfully Appeals Assault Conviction, Despite Argument Regarding Insufficient Evidence at Trial
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New York Court Denies Defendant’s Appeal in Firearms Case
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New York Court Denies Defendant’s Appeal in Manslaughter Case
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New York Court Denies Defendant’s Appeal in Drug and Firearm Case, Despite Argument Citing Newly Enacted Marijuana Law
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New York Court Denies Defendant’s Appeal in DUI Case
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EVEN BEFORE NEW YORK “GHOST GUN” LAW TAKES EFFECT THE CRACKDOWN HAS BEGUN
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New York Court Denies Defendant’s Appeal in Drug Case, Relying on Automobile Exception to the Warrant Requirement
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New York’s Highest Court Determines that Two Hour Rule For Breath Tests is not Applicable to Revocation Hearing
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New York Court Agrees to Suppress Incriminating Evidence in Murder Case
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New York Court Denies Defendant’s Appeal in Forgery Case
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New York Court Affirms Defendant’s Convictions in Assault Case
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Defendant’s Challenge to DWI and Assault Convictions is Rejected by Appellate Division
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New York Court Denies Defendant’s Appeal in Recent Murder Case
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Court Grants Motion to Suppress ID in Recent New York Burglary Case
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New York Court Denies Defendant’s Appeal in Sexual Assault Case
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Defendant’s Appeal Denied in New York Gun Case
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New York Court Considers Defendant’s Right to a Speedy Trial, Remanding His Case to a Lower Court
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New York Court Rejects Defendant’s Challenge to Lineup Procedure in Recent Drug Case
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Can You Take Your Lawfully Possessed Gun on Vacation to St. Thomas the US Virgin Island
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New York Court Agrees with Defendant in Gun and Drug Possession Case, Vacating Guilty Verdict
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ONLINE SPORTS BETTING JUST BECAME LEGAL IN NEW YORK – HERE IS WHAT YOU NEED TO KNOW
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SUPPRESSORS, SOLVENT TRAPS AND THE NFA
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CRITICAL UPDATE ON 80% LOWERS IN NEW YORK
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New York Court Denies Motion to Suppress in Possession of Firearm Case
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New York Court Denies Defendant’s Appeal in Drug Case
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New York Court Partially Sides with Defendant in Drug and Firearms Case
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New York Court Vacates Defendant’s Escape Conviction, Concluding Police Officers Were Not Actually Faced with an Emergency Situation
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New York Court Denies Defendant’s Motion to Suppress in Drug Case
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RITTENHOUSE CASE SHOWS THE EXTENT TO WHICH PROSECUTORS WILL GO TO PROSECUTE LAWFUL GUN OWNERS
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New York Court Denies Defendant’s Motion to Suppress in Recent Gun Case
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Scathing Dissent Submitted by New York Appellate Judge in Fourth Amendment Case
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New York Appellate Division Vacates or Reduces Several Sex Crime Convictions
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ARE EIGHTY PERCENT LOWERS LEGAL IN NEW YORK (IT DEPENDS)
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New York Sex Offenses: A Comprehensive Look at State Law
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Court Discusses Admissibility of Defendant’s Statements to Police in Recent New York Robbery Case
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New York Court Refuses to Suppress Drug Evidence Found During Warrantless Vehicle Search
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New York Court Affirms that Tips Called in to 911 Must Be Reliable to Justify a Warrantless Stop
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New York Court Denies Defendant’s Request to Suppress Statements Made After Hit and Run Accident
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IS IT ILLEGAL TO USE A FAKE VACCINE CARD
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New York Criminal Court Refuses to Allow Prosecution to Introduce Portable Breath Test Result at DUI Trial
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The Importance of Raising Early Challenges to the Admissibility of Evidence in a New York DWI Case
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New York Court Denies Defendant’s Motion to Suppress Gun
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Court Finds Car Stop Unconstitutional in Recent New York Drug Case
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What Happens If You Don’t Comply with a Conditional Plea Agreement in a New York Criminal Case?
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A POLICE OFFICER RESPONDS TO OUR LAST BLOG ABOUT HANDCUFFING A LICENSED GUN OWNER
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MAY A POLICE OFFICER HANDCUFF A LICENSED GUN OWNER WHILE HE VERIFIES THE AUTHENTICITY OF THE GUN LICENSE?
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Cuomo Resigns Effective in Two Weeks
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Court Grants Defendant’s Motion to Suppress in New York Child Abuse Case After Violation of Defendant’s Right to Counsel
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Court Grants Defendant’s Motion to Suppress Based on Officers’ Contradicting Testimony
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New York Drug Conviction Reversed After Court Deems Search Illegal
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New York Supreme Court Refuses to Suppress Drug Evidence Seized in a U.S. Mail Package
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State Court Addresses Whether New York DWI Stop Was Lawful
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Court Addresses “Fellow Officer” Rule In New York DWI Case
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SUFFOLK COUNTY POLICE SEND OUT WAVES OF LETTER CONCERNING DLD OTHERS
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Court Grants Defendant’s Motion to Suppress After Officers Search Closed Container Incident to Lawful Arrest
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Court Upholds Warrantless Search in Recent New York Kidnapping Case
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Court Issues Opinion in New York Gun Case Involving Parole Officers’ Search Based on Anonymous Tip
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New York Traffic Stops in “High Crime” Areas
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Should I Take a Chemical Breath Test after a New York DWI Arrest
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Court Discusses the Standard for Approaching a Person in a Parked Car in Recent New York DUI Case
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How A Driving While Intoxicated Conviction Affects A Green Card Holder
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New York Court Finds Field Sobriety Tests Were Improperly Conducted, but Defendant’s Arrest Lawful
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Court Suppresses Weapon Found During Inventory Search in Recent New York Gun Case
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U.S. Supreme Court Hears Case Involving the Community Caretaking Doctrine that May Impact New York Residents
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New York Court Hears Appeal Based on Defect in Search Warrant
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BIDEN’S EXECUTIVE ACTION ON GUN CONTROL IS ABSURDLY SHORT ON DETAILS BUT LONG ON POLITICS
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Court Grants Defendant’s Motion to Suppress in Recent New York Gun Case
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NEW YORK SECOND AMENDMENT LAWYERS WIN FIVE YEAR BATTLE TO CLEAR NAME OF MASSACHUSETTS LICENSED GUN OWNER AFTER APPELLATE COURT SUPPRESSES FIREARM AND DISMISSES INDICTMENT
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Court Reverses Motion to Suppress in Recent New York Gun Case After Finding Officer’s Conduct Was Permitted
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Court Addresses Reliability of Citizen Informant in New York Murder Case
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WAS A LICENSED GUN DEALER ARRESTED FOR SELLING “OTHERS” IN NEW YORK?
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New York Court Discusses Miranda Requirement in Recent Opinion
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Court Reverses Denial of Defendant’s Suppression Motion in New York Weapons Case
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Court Denies Defendant’s Motion to Suppress in Recent New York DUI Case
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Court Rule on Motion to Suppress Evidence Following New York DWI Arrest
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Court Addresses Insufficiency of Accusatory Instrument in New York Aggravated Harassment Case
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Court Affirms Mapp Hearing Ruling in New York Illegal Search and Seizure Appeal
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New York Criminal Charges Based on Flawed Facial Recognition Software
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Court Awards New Trial to Defendant in New York Gun Case Based on Improperly Denied Jury Instruction
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NEW YORK MOSSBERG SHOCKWAVE CHARGES DISMISSED
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Court Addresses Defendant’s Waiver of His Right to Appeal in New York Drug and Gun Possession Case
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Court Rules in Favor of Defendant in New York Gun Case Based on Illegal Police Stop
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New York Gun Owners Whiplashed by ATF Action on Pistol Braces
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New York Court Rejects Defendant’s Claim He Was Seized When He Discarded a Firearm
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Court Finds in Favor of New York Defendant and Reverses Gun Conviction After Suppression Hearing
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New York Court Discusses the Elements of “Attempt” in Recent Attempted Murder Case
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Court Finds Police Improperly Impounded Car After New York Arrest
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New York Appellate Court Upholds Murder Conviction Over Defendant’s Challenge to Admission of His Statement
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What Should I Do If Police Come To My Door
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Court Affirms New York Manslaughter Conviction After Finding Defendant’s DNA Was Not Illegally Seized
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Curative Instructions in New York Criminal Trials
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Court Finds Officers Lacked Probable Cause to Stop Defendant in Recent New York Drug Dealing Case
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Can Police Officers Lie to Get a Suspect to Make a Statement in a New York Robbery Case?
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New York Court Weighs in On the Legality of Drunk Driving Checkpoints
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What Is a New York Eavesdropping Warrant?
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Court Upholds Traffic Stop in Recent New York DUI Case
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New Your Court of Appeals Discusses the Standard Required for an Officer to Make a Traffic Stop
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Can New York Defendants Get a Fair Jury Trial in a Criminal Case During the COVID-19 Pandemic?
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New York Court Discusses Defendant’s Motion to Suppress Based on Misidentification by Law Enforcement
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New York Court Condones Stop of Defendant’s Vehicle Based on Tip from Confidential Informant
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New York Court Rejects Defendant’s Motion to Suppress in Recent Gun Case
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What is An Ignition Interlock Device? (And why are they important in New York)
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New York Appellate Court Rejects Defendants Motion to Suppress Identification Made by the Complaining Witness
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New York DWI Charges Can Lead to Hefty Sentences and Probation Violations
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Court Finds Officer Did Not Have Authority to Ask Sleeping Driver Out of the Car in Recent New York DUI Case
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New York Court Denies Defendant’s Motion to Suppress Based on Lack of Standing
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New York Court Condones Traffic Stop Conducted by Customs and Border Patrol Agent
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NEW YORK TO STOP SUSPENDING LICENSES OVER UNPAID FINES
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Court Reverses Defendant’s New York Murder Conviction, Holding Trial Court Failed to Follow Procedure When Replacing a Juror
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New York Criminal Trials in a Post-COVID World
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Court Affirms Lower Court’s Decision to Deny Defendant’s Motion to Suppress in New York Burglary Case
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New York Court Discusses Validity of Search Based on Defendant’s Admission to Possessing Synthetic Cannabinoids
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New York Court Holds Officer’s Observation of “Bulge” in Defendant’s Pockets Did Not Justify Search
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Court Upholds New York Assault Conviction Over Defendant’s Challenge to the Sufficiency of the Evidence
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New York Court Discusses the Right to Appeal after Pleading Guilty
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New York’s Highest Court Finds Non-Citizen’s Plea Cannot be Vacated, Finding Notice Was Provided During Arraignment
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New York Gun Rights Attorneys Announce New Pre-Paid Legal Service for New York Gun Owners
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New York Court Suppresses Gun Found Following Traffic Stop
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Can a New York Police Officer Assume the Person Driving a Car Is the Registered Owner?
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New York Court Finds Inexperienced Officer Lacked a “Founded Suspicion” to Stop, Question, and Search Defendant
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Supreme Court Issues Opinion Impacting New York Defendants with Prior Drug Convictions
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Court Discusses New York Automobile Exception to the Search Warrant Requirement
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New York State Troopers Asked To Resume Normal Traffic Enforcement
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Updated:
New York Self Defense Law – I Used my Lawfully Possessed Weapon What Do I Do Now?
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Updated:
Navigating New York Criminal Courts in a Covid-19 World
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Updated:
New York Appellate Court Reversed Trial Courts Denial of Defendant’s Motion to Suppress
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Updated:
The 12 Most Ridiculous Gun Laws
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New York Court Suppresses Defendant’s Statement Made to Out-of-State Law Enforcement Officers
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Unduly Suggestive Identifications in New York Criminal Cases
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New York Court Affirms Defendant’s Conviction for Constructively Possessing a Firearm
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Appellate Court Discusses New York’s Tampering with Evidence Statute in Recent Marijuana Possession Case
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Updated:
New York Court Affirms Denial of Motion to Suppress, Finding the Defendant Consented to the Search
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Updated:
New York Court Grants Motion to Suppress Based on Officer’s Illegal Stop
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New York Court Approves Traffic Stop after Officer Observes Defendant’s Car Parked in a Parking Lot with No Open Businesses
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The Importance of Preserving Errors for Appeal in New York Criminal Trials
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How New York Courts Apply the State’s Self-Defense Doctrine
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Defendant’s Conviction for Possession of Counterfeit Money Upheld by New York Appellate Court
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Updated:
Supreme Court Hears Case that May Affect People with Several New York Convictions
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The Constitutional Right to a Jury Trial in New York Criminal Cases
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Are New York Police Officers Permitted to Assume That a Driver Is the Vehicle’s Registered Owner?
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Updated:
New York Court Affirms Doctor’s Manslaughter Conviction after Patient’s Overdose
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Can You Bring Your Lawfully Possessed Pistol on Vacation to Puerto Rico – Apparently Not Yet But Hopefully Soon
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New York Court Reverses Robbery Conviction Based on Illegal Arrest and Tainted Identification
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Updated:
New York Court Affirms Defendant’s Larceny Conviction
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Updated:
New York Court Approves of Police Officers Inventory Search
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Critical Update on Non-NFA Other Firearms Such As The Shockwave and Franklin Armory Reformation
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Updated:
The Pretrial Discovery Process in New York Criminal Trials
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Fighting a New York DWI Arrest Based on Breath Testing
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Court Rejects Defendant’s Motion to Suppress Eyewitness’s Identification
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Updated:
U.S. Supreme Court Hears Case Involving Constitutionality of New York Gun Permit Laws
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Updated:
New York Court Grants Motion to Suppress after Determining Police Lacked Probable Cause to Search Defendant’s Car
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New York Court Holds Police Did Not Have Probable Cause to Pursue Suspect
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Updated:
A Primer on the New York Rules of Evidence
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New York Court Reverses Robbery Conviction Based on Improper Admission of Defendant’s Statement
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New York Court Suppresses Gun Seized in Warrantless Search of Backpack
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Updated:
New York Court Allows Admission of Defendant’s “Blurt Out” Statement
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Updated:
New York Extreme Risk Protection Orders (ERPO), Red Flag Laws Come to New York
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New York Appellate Court Orders Suppression of Handgun That Defendant Threw While Fleeing from Police
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Updated:
A New York Criminal Defense Attorney Should Be a Skilled Negotiator
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Updated:
New York Court Reverses Defendant’s Conviction Based on Police Officers’ Purported “Inventory Search”
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Updated:
IS THE NATIONAL FIREARMS ACT (NFA) DEAD?
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Can New York Police Officers Search a Car if They Smell Marijuana?
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SCOTUS Issues Case Discussing Police Officers’ Ability to Take the Blood of Unconscious New York Motorists
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Updated:
New York Court Reverses Murder Conviction Based on Prosecution’s Failure to Hand Over Video Surveillance Footage
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New York Prosecutors Cannot Make Jury-Selection Decisions Based on Race
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Updated:
New York Court Determines Sex Offender Did Not Need to Register Facebook Account
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Recent New York Appellate Decision Highlights the Importance of Obtaining a Favorable Jury Instruction
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Governor Cuomo Signs Additional Gun Control Measures Into Law
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New York Firearms Attorneys Get 13 Guns, Hundreds of Rounds of Ammunition Suppressed – 12 Count Indictment Dismissed
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Do Federal Gun Laws Apply in New York?
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New York Court Holds Jury Nullification Was Effective Strategy
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Updated:
New York Court Discusses the Defense of Justification in Recent Manslaughter Case
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Updated:
How New York Courts Define the Crime of Burglary
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New York Gets New Gravity Knife Law
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Updated:
U.S. Supreme Court Hears Case that May Have a Major Impact on New York DUI Cases
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Updated:
New York Court Reverses Defendant’s Conviction after Judge Offered Codefendant Deal Based on His Testimony
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Updated:
How New York Courts Determine the Legality of a Defendant’s Arrest
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New York Court Reverses Defendant’s Conviction Based on Illegal Arrest
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Court Finds Officers Did Not Have Reasonable Suspicion to Stop Vehicle Based on Anonymous 911 Call
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Updated:
New York Court Discusses the Use of Confidential Informants
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Updated:
New York Court Holds Show-Up Identification Procedure Was Unduly Suggestive
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Updated:
Appellate Court Overturns Lower Court’s Denial of Motion to Suppress in Recent New York Gun Possession Case
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Updated:
New York Based Federal Court Strikes Down New York’s Ban on Stun Guns and Tasers
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Updated:
SCOTUS Releases Opinion Impacting the Government’s Ability to Seize a New York Defendant’s Property
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New York Appellate Court Holds Evidence Was Insufficient to Sustain Defendant’s Burglary Conviction
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Court Holds that New York Recidivist Statutes Look to Original Sentencing Date, Rather than a Subsequent Resentencing Date
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New York Court Discusses Jail’s Release of Inmate’s Phone Calls to Prosecutors
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New York Court Affirms Defendant’s Conviction for Possession of Firearm under Constructive Possession Theory
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New York Court Discusses Justification Defense in Recent Attempted Murder Case
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New York’s “Knock and Announce” Rule
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Court Condones Officers’ Stop of Defendant in Recent New York Assault Case
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Motions to Suppress Identification in New York Criminal Cases
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“Prior Bad Acts” Evidence in a New York Domestic Violence Cases
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Hearsay Evidence in New York Criminal Trials
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New York Appellate Court Holds a Defendant Can Be Required to Pay for Electronic Monitoring System
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New York Court Concludes Out-of-State Conviction for Murder of a Minor Does Not Require Sex-Offender Registration
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How Reasonable Must “Reasonable Suspicion” Be For a New York Police Officer to Stop and Search Someone?
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New York Court Affirms Defendant’s Conviction for Forgery Based on Possession of Counterfeit Tickets
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Suppressing a Defendant’s Statements in a New York Criminal Case
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Court Discusses Constructive Possession and the “Automobile Presumption” in Recent New York Gun Possession Case
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New York Court Suppresses Gun Found in Defendant’s Vehicle Based on Invalid Citizen’s Arrest Conducted by U.S. Customs Agent
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New York Court Determines Officer Lacked Reasonable Suspicion to Stop Motorist, Suppressing Breath-Alcohol Test Results
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New York Court Denies Defendant’s Motion to Suppress a Gun Found in the Trunk of the Car He Was Driving
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New York Court Finds Police Had No Probable Cause to Arrest Defendant after Finding Ammo Magazines in His Pocket
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The Admissibility of Character Evidence in New York Criminal Trials
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New York Search and Seizure: The Four Levels of Police Intrusion
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New York Court Affirms Assault Conviction, Rejecting Defendant’s Weight-of-the-Evidence Claim
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Court Discusses What Discovery Is Mandatory in New York DWI/DUI Cases
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Possessory Offenses Under New York Criminal Law
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Court Upholds Police Officer’s Search of Discarded Backpack in Recent New York Gun Possession Case
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New York Court Determines Warrantless Search of Motorhome Was Illegal
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New York Court Discusses the Emergency Exception to the Warrant Requirement
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The Importance of Preserving Appellate Rights in New York Criminal Trials
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New York Court Dismissed Criminal Charges Based on Lack of Notice Provided to Defendant
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Court Grants Defendant’s Motion to Suppress Following a Traffic Stop for Tinted Windows
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New York Court Grants Defendant’s Motion in DUI Stop Based on Lack of Probable Cause
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Preservation of Error in New York Criminal Cases
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Supreme Court Holds that Police Need a Warrant to Obtain Cell Phone Location Data
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Court Discusses “Depraved Indifference” Sub-Section of New York Aggravated Assault Statute
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New York Appellate Court Reverses Defendant’s Drug Conviction Based on Illegal Arrest
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Common Evidentiary Issues in New York Criminal Cases
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New York Appellate Court Reverses Defendant’s Conviction Based on Improper Questioning Regarding Prior Robbery
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New York Appellate Court Finds Trial Judge Should Have Had Hearing on Defendant’s Motion to Vacate Judgment Based on Uncontested Witness Affidavit
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New York Court Affirms Denial of Defendant’s Motion to Suppress Firearm
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New York Court Excludes Breath-Test Results from DUI Trial Based on Police Officer’s Incorrect Warning
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The Warrant Requirement in New York Search and Seizure Cases
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New York Court Upholds Defendant’s Conviction for Aggravated Assault Against an Officer Based on an Unintentional, Minor Injury
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A New York Prosecutor’s Duty to Provide Evidence to the Defense
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New York Court Precludes Evidence of Defendant’s Psychiatric Evaluation Based on Failure to Provide Adequate Notice
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New York Self Defense Establishing the Defense of Justification in New York Criminal Cases
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Limits on a Police Officer’s Ability to Stop and Frisk Citizens in New York
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The Importance of a Dedicated Defense Attorney at Probation Violation Hearings in New York
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New York Court Discusses “Hardship” Exception to DUI License Suspension Requirement
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New York Firearms Law Firm Announces Legal Action Against the NYPD Alleging Racial Bias in Pistol License Decisions
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REDUCING THE RISK ASSESSMENT CLASSIFICATION FOR NEW YORK REGISTERED SEX OFFENDERS
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New York Appellate Court Dismisses Defendant’s Murder Charge Based on a Violation of His Right to a Speedy Trial
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New York Court Discusses Inherent Unreliability of Cross-Racial Identification
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New York DWI Lawyers Beats DWI Charges For Driver Facing Lifetime Revocation
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New York Appellate Court Finds Trial Court Denied Defendant Right to Counsel During Request for DNA Test
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New York High Court Rejects Defendant’s Ineffective Assistance of Counsel Claim in Aggravated Harassment Claim
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New York Court Discusses the Crime of Conspiracy, Reversing Defendant’s Conviction
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New York Appellate Court Reverses Conviction Based on Improper Use of Peremptory Strikes During Jury Selection
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New York Appellate Court Upholds Conviction in Coercion Case Based on Defendant’s Failure to Make a Timely Objection
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New York Appellate Court Upholds Lower Court Denial of Motion to Dismiss Juror Based on Allegations of Impartiality and Bias
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New York Appellate Court Reverses Murder Conviction Based on Lower Court’s Refusal to Allow Questioning of Prospective Jurors
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New York Appellate Court Reverses Second-Time Violent Offender Classification Based on Improper Sentencing
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LOCAL FIRM SCORES MAJOR VICTORY IN WESTCHESTER TOWN’S ATTACK ON MASSAGE ESTABLISHMENTS
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New York Appellate Court Reverses Decision in Case Involving Procedural Errors on Appeal
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New York Appellate Court Upholds 25-Year Sentence, Rejects Ineffective Assistance of Counsel Claim
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New York Appellate Court Reverses Sentence Based on Violation of Defendant’s Right to Be Present at Sentencing Hearing
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New York Appellate Court Upholds Murder Conviction, Rejects Defendant’s Challenge to Voluntariness of Confession
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New York Appellate Court Upholds Lower Court’s Decision to Relieve Defendant’s Attorney Based on Conflict of Interest Issues
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NEW YORK DWI LAWYERS BEATS ANOTHER REFUSAL HEARING – CLIENT AVOIDS LIFETIME REVOCATION
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STATE POLICE SERGEANT ARRESTED FOR RECORDS TAMPERING RELATED TO BREATHALYZER MACHINES – 20,000 DWI CASES COULD BE JEOPARDIZED
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New York Appellate Court Reverses Gun Charge Based on Improper Admission of Unlawfully Seized Evidence
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New York Appellate Court Orders New Trial in Case Involving Improper Admission of Hearsay Evidence Involving DNA Testing
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New York Appellate Court Reverses Decision Upon Finding of Judicial Bias and Impropriety
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New York Appellate Court Upholds Admission of Recorded Jailhouse Phone Call Between Defendant and Girlfriend
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New York Appellate Court Upholds Consecutive Sentencing in Burglary and Murder Conviction
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New York Appellate Court Upholds Sentence in Sexual Assault Case, Noting that the Defendant Failed to Preserve Key Objections
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Appellate Court Reverses Manslaughter Charge Based on Improper Jury Instructions
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VACATING A CONVICTION AFTER TRIAL PURSUANT TO CPL 440.10 – A COURT MAY VACATE A CONVICTION IF THE KEY WITNESS AGAINST THE DEFENDANT LIED AT TRIAL ABOUT PRIOR CRIMINAL ACTIVITY AND OTHER BAD ACTS
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New York’s New Sealing Law Opens Up New Possibilities For Those With Old Criminal Convictions
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New York Appellate Court Affirms Denial of New Trial When Defendant Was Wearing Prison Clothes During Jury Selection
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NEW YORK PLEA AGREEMENTS ARE GENERALLY HARD TO VACATE
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Sealing a Criminal Record in New York Under New CPL section 160.59
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New York Criminal Attorney Blog