In a recent New York firearms case before the New York Court of Appeals, the defendant successfully asked for his conviction for criminal possession of a weapon to be overturned. The decision, issued at the end of 2023, illustrates the importance of choosing and retaining a thorough, knowledgeable and experienced criminal defense counsel, given that the court reversed the lower court’s order because the defendant received ineffective assistance of counsel during his trial proceedings. While this was ultimately a win, the defendant received 7 years in prison and probably served at least 4 years before ultimately having his conviction over turned because his attorney was not effective.
Facts of the Case
According to the opinion, this case began when officers on patrol pulled the defendant over for a standard traffic violation. When the officers asked for the defendant’s license and registration, the defendant was unable to provide either document, but instead pulled his hand out of his pocket and revealed a magazine clip. The officers asked the defendant to exit the vehicle, at which point they searched the car and found a bag with ammunition and a holster.
The defendant was charged with criminal possession of a weapon. He pled not guilty, and his case went to trial. A jury found the defendant guilty as charged.