- Free Consultation: 877-377-8666
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New York Court Grants Defendant’s Motion to Suppress in Firearm Case
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Updated:
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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Updated:
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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New York Self Defense Law – I Used my Lawfully Possessed Weapon What Do I Do Now?
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Navigating New York Criminal Courts in a Covid-19 World
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New York Appellate Court Reversed Trial Courts Denial of Defendant’s Motion to Suppress
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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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New York Court Affirms Denial of Motion to Suppress, Finding the Defendant Consented to the Search
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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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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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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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New York Court Affirms Defendant’s Larceny Conviction
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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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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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U.S. Supreme Court Hears Case Involving Constitutionality of New York Gun Permit Laws
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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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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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New York Court Allows Admission of Defendant’s “Blurt Out” Statement
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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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A New York Criminal Defense Attorney Should Be a Skilled Negotiator
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New York Court Reverses Defendant’s Conviction Based on Police Officers’ Purported “Inventory Search”
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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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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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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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New York Court Discusses the Defense of Justification in Recent Manslaughter Case
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How New York Courts Define the Crime of Burglary
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New York Gets New Gravity Knife Law
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U.S. Supreme Court Hears Case that May Have a Major Impact on New York DUI Cases
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New York Court Reverses Defendant’s Conviction after Judge Offered Codefendant Deal Based on His Testimony
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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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New York Court Discusses the Use of Confidential Informants
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New York Court Holds Show-Up Identification Procedure Was Unduly Suggestive
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Appellate Court Overturns Lower Court’s Denial of Motion to Suppress in Recent New York Gun Possession Case
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New York Based Federal Court Strikes Down New York’s Ban on Stun Guns and Tasers
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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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Updated:
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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Updated:
New York Court Affirms Denial of Defendant’s Motion to Suppress Firearm
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Updated:
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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Updated:
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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Updated:
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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Updated:
New York Court Discusses the Crime of Conspiracy, Reversing Defendant’s Conviction
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Updated:
New York Appellate Court Reverses Conviction Based on Improper Use of Peremptory Strikes During Jury Selection
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Updated:
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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Updated:
New York Appellate Court Reverses Murder Conviction Based on Lower Court’s Refusal to Allow Questioning of Prospective Jurors
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Updated:
New York Appellate Court Reverses Second-Time Violent Offender Classification Based on Improper Sentencing
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Updated:
LOCAL FIRM SCORES MAJOR VICTORY IN WESTCHESTER TOWN’S ATTACK ON MASSAGE ESTABLISHMENTS
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Updated:
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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Updated:
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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Updated:
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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Updated:
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 Appellate Court Upholds DWI Conviction, Rejects Defendant’s Confrontation Clause Defense
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Is the Mossberg Shockwave (and or the Remington Tac-14) Legal in New York? Surprisingly Yes, I Think
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Updated:
New York Appellate Court Upholds Assault Conviction, Rejects Defendant’s Justification Defense
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Updated:
New York Gun Lawyer Mentioned in NRA-ILA Newsletter
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Updated:
New York Criminal Jury Trials – Anything Can Happen at a Criminal Trial
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Updated:
SUIT FILED AGAINST NEW YORK DMV FOR LIFETIME BAN ON CERTAIN DRIVERS WHO POSSESS CERTIFICATES OF GOOD CONDUCT
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STOSSEL DOCUMENTARY SHINES LIGHT ON NEW YORK GUN LAW ABYSS
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New York Court of Appeal Upholds Murder Conviction Despite Lower Court’s Jury Instruction Error
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Updated:
New York Court of Appeal Reverses Manslaughter Conviction Based on Improper Jury Instructions
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New York Court of Appeal Upholds Coercion Conviction, Dismisses Appeal Based on Improper Jury Instruction
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New York Court of Appeal Upholds Burglary Conviction, Rejects Challenge to Use of Annotated Exhibits During Final Argument
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Updated:
New York Appellate Court Reverses Murder Conviction Based on Failure to Excuse Unqualified Juror
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Updated:
New York Appellate Court Overturns 20-Year Sentence Based on Procedural Errors
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Updated:
New York Appellate Court Overturns Robbery Conviction Based on the Prosecution’s Improper Use of a Social Media Photograph
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New York Appellate Court Denies Appeal Based on Ineffective Assistance of Counsel in Child Sexual Abuse Case
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New York’s Highest Court Rules Analysis of License Plate in DMV Database Without Reasonable Suspicion Does Not Constitute an Unlawful Search
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Updated:
New York Court of Appeals Rules Evidence of Prior Convictions is Admissible in Drug Crime Case When the Defendant Asserts an Agency Defense
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New York Court of Appeals Upholds Denial of Motion to Suppress Gun Evidence in Parole Violation Arrest Case
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New York Appellate Court Upholds Conviction of Defendant in Assault Case Over Confrontation Clause Objection
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New York Firearms Attorney Peter Tilem Named to USCCA Critical Response Team – NY Self-Defense Law
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New York Gun Laws – High Capacity Magazines – Serious or Not?
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TILEM & ASSOCIATES GETS ANOTHER DWI DISMISSED DUE TO AN ILLEGAL STOP – THIS TIME IN ROCKLAND COUNTY
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WHY ARE NEW YORK STATE TROOPERS PATROLLING NEW YORK CITY HIGHWAYS?
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NATIONAL CONCEALED CARRY RECIPROCITY vs. NEW YORK STATE GUN LAWS
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MAN ARRESTED WITH “HIGH CAPACITY MAGAZINE” AT LAGUARDIA AIRPORT HAS FELONIES DISMISSED AND PLEADS TO NON-CRIMINAL DISORDERLY CONDUCT
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TRAFFIC TICKET SUMMER SPECIAL – Hire Experienced Attorneys for ONLY $285!* Until August 31, 2016 Delaware, Broome, Lewis, Onondaga, Oswego and Seneca Counties Only
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THE ANATOMY OF BEATING A FIREARMS CHARGE – Judges and Jurors May Not Always Support Draconian Gun Laws
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NEW YORK AND NEW JERSEY STUN GUN BANS PROBABLY UNCONSTITUTIONAL AFTER US SUPREME STRIKES DOWN MASSACHUSETTS BAN – OTHER WEAPONS PROBABLY NEXT
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NEW YORK KNIFE BILL TO STOP OUTRAGEOUS “GRAVITY KNIFE” ARRESTS IN NEW YORK CITY CLEARS A KEY SENATE COMMITTEE
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New York Gun Laws vs. the Federal Law Enforcement Officers Safety Act
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NEW YORK SPEEDING TICKET DISMISSED ON NOVEL SUPPORTING DEPOSITION ISSUE
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WESTCHESTER WOMAN CHARGED IN 6 YEAR OLDS DEATH AVOIDS JAIL
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NEW YORK INSURANCE FRAUD
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GUNS AT NEW YORK AIRPORTS
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New York Law Firm Gets Two DWI’s Dismissed on the Same Day in the Same Courtroom
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Tilem & Associates Beats Another Handgun Ammunition Charge at Local Area Airport
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TILEM & ASSOCIATES ANNOUNCES DISMISSAL OF AMMUNITION AND FIREARM MAGAZINE CHARGES AFTER JFK AIRPORT ARREST
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NEW YORK RECKLESS DRIVING ENFORCEMENT ON THE RISE
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All Marijuana and Statements Suppressed in Nassau County Prostitution and Drug Case
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Westchester Journal News Publishes Names and Addresses of Licensed Gun Owners Now We Publish The Reporter’s Name and Address
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GUN OWNERS OUTED BY LOCAL PAPER
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DWI CONVICTION REVERSED ON APPEAL. TRIAL JUDGE COMMITTED REVERSIBLE ERROR BY PERMITTING HIS MOTHER-IN-LAW TO SERVE ON JURY
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GUN OWNERS BE WARNED ABOUT SUICIDE HOTLINES
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Appearance Tickets In New York: Service Of An Appearance Ticket Or A Summons For Purposes of Commencing or Prosecuting a Criminal Action Against a Corporate Defendant [CPL 600.10]
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APPEARANCE TICKETS IN NEW YORK: IMPROPER SERVICE OF AN APPEARANCE TICKET WILL NOT DEPRIVE THE COURT OF JURISDICTION IF THE DEFENDANT APPEARS IN COURT AND A SUFFICIENT ACCUSATORY INSTRUMENT HAS BEEN FILED
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SENTENCING IN NEW YORK: WHEN A DEFENDANT IS SENTENCED TO PROBATION, THE SENTENCING COURT, NOT THE DEPARTMENT OF PROBATION, SETS THE TERMS AND CONDITIONS OF PROBATION
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HOW CAN APPEARANCE TICKETS ISSUED IN NEW YORK BE SERVED [CPL 150.40(2)]
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APPEARANCE TICKETS IN NEW YORK: POLICE CAN REQUIRE BAIL BEFORE THEY RELEASE SOMEONE ON AN APPEARANCE TICKET [CPL 150.30(1)]
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ARE YOU UNDER ARREST IF THE POLICE SHOW UP AT YOUR HOME? THE MERE ISSUANCE OF AN APPEARANCE TICKET BY THE POLICE AT A PERSON’S HOME DOES NOT CONSTITUTE AN ARREST
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Are New York Police Required To Read A Driver Their “Miranda Rights” Before Questioning Them During a Car Stop?
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NEW YORK FIREARMS LAWYERS, NRA MEMBER BECOMES NRA CERTIFIED FIREARMS INSTRUCTOR
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US SUPREME COURT VACATES TWO CONVICTIONS FOR LAWYERS INEFFECTIVE PLEA BARGAINING
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New York Speeding Tickets: Speed Not Prudent Charge Cannot Be Based Upon The Mere Happening of An Accident
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Sentencing Issues In New York: Court Has No Authority To Alter a Judgment And Sentence In The Absence Of The Defendant And His Attorney
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Appearance Tickets In New York: Whether The Court Must Dismiss, May Dismiss or Cannot Dismiss If The Required Accusatory Instrument Is Not Filed By The Return Date Of The Appearance Ticket Has Not Been Definitively Determined By The Courts
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Appearance Tickets In New York: Detention Of A Person In New York For Purposes Of Issuing That Person An Appearance Ticket Is An Arrest Situation Which Would Allow The Officer To Search That Person As If That Person Was Formally Arrested
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HOW CAN APPEARANCE TICKETS ISSUED IN NEW YORK BE SERVED [CPL 150.40(2)]
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GUILTY PLEA IN NEW YORK DRIVING WHILE INTOXICATE CASE VACATED BECAUSE DEFENDANT’S ATTORNEY DID NOT PROVIDE MEANINGFUL REPRESENTATION
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Appearance Tickets In New York: New York Has Carved Out Only Three Specific Exceptions Which Allow An Officer To Arrest A Person For A Traffic Infraction Not Committed In the Officer’s Presence
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NEW YORK’S “MOVE OVER” LAW JUST EXPANDED
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OVER CRIMINALIZATION – Part III – There Are No Accidents
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OVER CRIMINALIZATION – Part II – COLLATERAL CONSEQUENCES OF ARRESTS
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OVER CRIMINALIZATION – Part I, LEADS TO STAGGERING NUMBER OF YOUTH ARRESTS
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DRUG COURT CONTROVERSY
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GREENBURGH DRUG COURT VIOLATES CONSTITUTIONAL RIGHTS Part-1
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Driving While Intoxicated Per Se In Violation of VTL 1192(2): Sufficiency of Information: Information Must Contain First-Hand, Non-Hearsay Evidence Regarding Breath Test Result
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Driving While Intoxicated Per Se In Violation of VTL 1192(2): Sufficiency of Information: Information Must Contain First-Hand, Non-Hearsay Evidence Regarding Breath Test Result
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NEW YORK POST ARTICLE – SOMETIMES VICTIMS NEED LAWYERS ALSO
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WALL STREET JOURNAL ARTICLE FOCUSES ATTENTION ON OVERCRIMINALIZATION IN FEDERAL LAW
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NEW YORK SPEEDY TRIAL – Part IV – The Defendant’s Consent to an Adjournment Must be Clear.
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NEW YORK’s ASSAULT WEAPON BAN – Part III
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NEW YORK’s ASSAULT WEAPON BAN – Part II
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NEW YORK ASSAULT WEAPON BAN ALIVE AND WELL – PART I
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NEW YORK STATE PISTOL LICENSING – PRIOR REVOCATION FOR LACK OF NECESSARY CHARACTER DOES NOT BAR SUBSEQUENT APPLICATION. ONLY REVOCATIONS PURSUANT TO CPL § 530.14 or FAM. CT. ACT § 894-a BAR SUBSEQUENT APPLICATIONS. Matter of Romanoff v. Kelly, 23 A.
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SECOND DEGREE AGGRAVATED HARASSMENT – SPEECH HAS CONSTITUTIONAL PROTECTION
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NEW YORK CRIMINAL DEFENSE FIRM SECURES THREE EXTRAORDINARY PLEA DEALS IN THREE WEEKS
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NEW YORK TEXTING WHILE DRIVING LAW GETS TOUGHER
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DSK Rape Case Highlights Important Issue that Few Prosecutors Take Seriously – BRADY MATERIAL
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NEW YORK CRIMINAL DEFENSE LAWYER PETER TILEM ON CHANNEL 2 NEWS TONIGHT
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NEW YORK CRIMINAL DEFENSE LAWYER PETER TILEM QUOTED IN TODAY’S NEW YORK POST HAS CASE DISMISSED TWICE AND REVERSED TWICE
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NEW YORK SPEEDY TRIAL – Part 2 – Trial Readiness not necessarily Trial
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NEW YORK SPEEDY TRIAL – Part 3 – What must the prosecution do to validly answer ready for trial
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NEW YORK SPEEDY TRIAL – Part 1
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SPEEDING TICKET ATTORNEY FOR BEDFORD NEW YORK ONLY $195.00*
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Bronxville Speeding Ticket Attorney for Just $195.00
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New York Traffic Ticket attorney’s Tilem & Campbell announce a $195 summer blow-out special for Traffic Ticket Defense
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IMF CHIEF STRAUSS-KAHN ARRESTED FOR SEXUAL ASSAULT
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NEW ARIZONA LAW ELIMINATES RIGHT TO A JURY TRIAL FOR FIRST TIME DWI
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BRONX PROSECUTOR ARRESTED FOR DWI HAD TWO PRIOR DRIVING INCIDENTS
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A Summons Issued by a Local Criminal Court or Superior Court in a Criminal Case is Not an Appearance Ticket [People v. Hauben, 12 Misc. 3d 1172A; People v. Eckert, 117 Misc. 2d 504 ]
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A SPEEDING TICKET CAN BE DEEMED AN “APPEARANCE TICKET” UNDER NEW YORK LAW
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LOCAL CRIMINAL COURT CAN DISMISS AN APPEARANCE TICKET IF THE POLICE OFFICER FAILS TO SUBSEQUENTLY FILE THE REQUIRED ACCUSATORY INSTRUMENT BY THE RETURN DATE [Snead v. Aegis Secur., Inc., 105 A.D.2d 1059]
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WHERE A DEFENDANT APPEARS IN A LOCAL CRIMINAL COURT AS INSTRUCTED IN AN APPEARANCE TICKET, THE COURT DOES NOT ACQUIRE JURISDICTION OVER THE DEFENDANT IF AN ACCUSATORY INSTRUMENT HAS NOT BEEN FILED [People v. Stirrup, 91 N.Y.2d 434]
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FOR SPEEDY TRIAL PURPOSES, UNDER ARTICLE 30 OF NEW YORK’S CRIMINAL PROCEDURE LAW, THE ACTION AGAINST A DEFENDANT WHO HAS BEEN ISSUED AN APPEARANCE TICKET IS DEEMED COMMENCED ON THE DATE DEFENDANT FIRST APPEARS IN COURT AS INSTRUCTED IN THE APPEARANCE TI
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LEAVING THE SCENE OF AN ACCIDENT – WHAT MUST YOU REPORT?
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NEW YORK LEAVING THE SCENE OF AN ACCIDENT
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IT IS CONSTITUTIONALLY PERMISSIBLE FOR NEW YORK STATE TO TRANSFER THE ADJUDICATION OF TRAFFIC INFRACTIONS TO AN ADMINISTRATIVE AGENCY WHICH UTILIZES THE “CLEAR AND CONVINCING EVIDENCE” STANDARD OF PROOF INSTEAD OF THE HIGHER “BEYOND A REASONABLE DOU
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IN NEW YORK, THE PROSECUTION IS REQUIRED TO MAKE AN “ADEQUATE” OPENING STATEMENT WHICH DELINEATES THE PARTICULAR OFFENSES CHARGED AND HOW THEY WILL BE PROVEN. IF THE PROSECUTION FAILS TO MAKE AN “ADEQUATE” OPENING STATEMENT – THEY GET A “DO O
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ONLY THE PROSECUTOR CAN PLEA BARGAIN TRAFFIC VIOLATIONS. JUDGES THAT TRY TO INFLUENCE OTHER JUDGES ON TRAFFIC TICKETS OR REDUCE TRAFFIC TICKETS WITHOUT THE CONSENT OF THE PROSECUTOR CAN BE REMOVED FROM THEIR POSITION AS A JUDGE. [Matter of Reedy, 64 N.Y
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FINGERPRINTING OF A DEFENDANT WHOSE COURT ATTENDANCE HAS BEEN SECURED BY THE ISSUANCE AND SERVICE OF A SUMMONS BASED UPON AN INFORMATION OR MISDEMEANOR COMPLAINT FILED BY A COMPLAINANT WHO IS NOT A POLICE OFFICER IS DISCRETIONARY. [CPL 130.60]
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TILEM & CAMPBELL PARTNER QUOTED IN TODAY’S NEW YORK TIMES
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FEDERAL JUDGE FINDS NASSAU COUNTY VIOLATED DUE PROCESS RIGHT WHEN SEIZING MAN’S RIFLES AND SHOTGUNS
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NEW TRIAL ORDERED IN MURDER/RAPE FROM 1994
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TILEM & CAMPBELL PARTNER Peter Tilem WINS ANOTHER DWI TRIAL
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PETER TILEM NAMED ON THE LIST OF TOP TEN CRIMINAL LAWYERS IN NEW YORK
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IN A STUNNING ASSAULT ON FIRST AMENDMENT RIGHTS – JURY NULLIFICATION PROPONENT WAS INDICTED IN NEW YORK
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New York Criminal Attorney Blog