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Court Reverses Denial of Defendant’s Suppression Motion in New York Weapons Case

An appellate court recently issued a decision reversing a New York criminal defendant’s conviction for Criminal Possession of a Weapon. The defendant unsuccessfully moved to suppress evidence, the sawed-off shotgun, found to charge him with the crime, and the jury found him guilty. Amongst other issues, the defendant challenged the denial of his motion to suppress. The charges arose after police officers stopped the vehicle in which the defendant was a passenger. Officers discovered a sawed-off shotgun and then found a shotgun shell on the defendant.

The officers claimed that they initiated a search of the car after discovering a shotgun shell during a protective pat-down of the defendant. The officers claimed that this discovery provided them with probable cause to search the car, which led to the discovery of the shotgun. The defendant argued that the People did not provide any evidence to support this. He contended that law enforcement searched the car before the pat-down. The court found that even though the People raised arguments that may justify the search, the law does not permit the appellate court from considering those factors because they were not ruled upon by the lower court. Ultimately, they held the appeal and remitted the matter to the lower court for review.

New York firearm possession charges carry serious penalties, and it is crucial that criminal defendants seek representation from an experienced attorney. Those that do not possess a handgun license may be found guilty of unlawful possession. There are four main charges that are typically associated with firearm possession. In some cases, the court may enhance penalties depending on the circumstances and related charges.

  • First Degree: When a person is found to have illegally possessed ten or more firearms or explosives, with the intent to use it against another. This charge can result in up to 25 years in prison.
  • Second Degree: When one illegally possessed five or more firearms or a loaded handgun. This charge can result in up to 15 years in prison.
  • Third Degree: When a person with a criminal history is found to have illegally possessed a firearm or assault weapon. This charge carries a penalty of up to seven years.
  • Fourth Degree: When one illegally possesses a firearm. This charge can result in up to one year in jail.

Any New York weapons possession case is serious, and anyone facing such allegations should reach out to a dedicated criminal defense attorney as soon as possible.

Have You Been Charged with a New York Weapons Offense?

If you face a New York weapons crime, contact the attorneys at Tilem & Associates. For over 25 years, the attorneys at our law firm have provided New York criminal defendants with zealous and effective representation during their criminal cases. We handle an array of New York criminal cases, including those involving homicides, narcotics, conspiracy, fraud, traffic offenses, and weapons offenses. Our attorneys provide clients with respect, compassion and aggressive defense strategies to ensure that they receive the representation they deserve. We provide unparalleled client service and are available to assist clients 24/7. If you have been arrested or charged for a New York crime, contact us at 877-377-8666 to schedule a free consultation.

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