New York Criminal Attorney Blog
A recent appeal from Tompkins County shows how quickly a violent-felony indictment can turn into a long prison term—and how limited your options become once you plead guilty. The defendant, accused of taking part in a rolling gunfight that ended with a deadly crash, eventually accepted a plea to manslaughter in the second degree and criminal possession of a weapon in the second degree. Although he later challenged the indictment and the use of his hospital-room statements, the Appellate Division upheld the conviction and the five-to-fifteen-year sentence. If you are facing serious charges in New York, this ruling offers hard-earned guidance on what to contest, when to contest it, and why clear, early strategy matters.
The indictment contained nine counts, ranging from reckless endangerment to homicide. After rejecting an initial offer and losing a suppression motion, the defendant chose to plead on the morning trial was set to begin. On appeal he argued that the weapons count was jurisdictionally defective, that the state’s licensing statute is unconstitutional, and that his statements should have been suppressed because he was injured and asked for a lawyer. None of those claims succeeded, largely because of the legal standards that apply once you accept a negotiated plea.
First, the court dealt with the indictment. A New York indictment is invalid only when it omits an essential element of a charged crime or describes conduct that is not criminal. The defendant claimed the weapon count failed to distinguish between his driveway—arguably private space not covered by the statute—and the public roads where the shootout occurred. He also said the indictment never alleged that he lacked a pistol license. The court called the driveway argument a matter of evidence, not jurisdiction, and ruled that the license issue was satisfied because the count cited the exact Penal Law provision, which by definition requires the firearm to be unlicensed. For anyone accused of a gun offense, the lesson is simple: if a count references the governing statute and tracks its language, a court will likely label it valid. You must raise evidentiary challenges through motions or at trial; waiting until appeal almost always forfeits them.
The constitutional argument—attacking the “good moral character” requirement for firearm licenses—failed for a different reason: preservation. In order to appeal an issue it must be presented to the trial court. If you do not raise them before you plead, an appellate court will refuse to review them. That rule applies to search-and-seizure objections, equal-protection claims, and any other appellate issue. File those motions early, even if you think a plea is likely, because the extra leverage can change a prosecutor’s offer.
The defendant’s suppression claim turned on his hospital-room interview. Police issued Miranda warnings, and the video showed him tired and sore but responsive. He argued that pain and fatigue made his statements involuntary and that he invoked his right to counsel twice. New York judges weigh voluntariness by examining the total picture: medical condition, medication, clarity of speech, and whether questioning stopped when requested. Because the defendant had been discharged from the hospital, was coherent, and never asked to end the interview, the court ruled the statements voluntary. As for counsel, asking “Do I need my lawyer here?” was considered hypothetical, not a direct request. Even the later question “Can I get my attorney up here?” did no damage because detectives immediately asked for the lawyer’s name and halted substantive questions. To stop an interrogation, you must use unmistakable words—“I want a lawyer”—and remain silent afterward. Anything less keeps the interview alive.
Finally, the defendant asked the appellate court to reduce his sentence, noting that he had no prior convictions. New York’s “unduly harsh” standard rarely disturbs a negotiated range unless it shocks the conscience. Because the plea capped his exposure and matched the bargain he accepted, the judges left it intact. Before you commit to any plea, compare it to the maximum you face at trial, including potential consecutive sentences. A plea may still be your best option, but you should reach that decision after exploring every procedural and constitutional defense, not after the court denies them.
So what does this mean for you? If you are charged with violent felonies or firearm possession, the clock starts the moment you are arraigned. Your lawyer needs to examine each indictment count for missing elements, file constitutional and suppression motions at once, and prepare for trial even while negotiating. Preserve every viable issue before you discuss a plea. Make your position on counsel unmistakable in any police interview. And remember that a plea will bind you to its terms; appeals courts seldom rewrite a deal you freely accepted.
Discuss Your Case with an Experienced NYC Criminal Defense Lawyer at Tilem & Associates
Tilem & Associates has defended New Yorkers against homicide charges, weapons offenses, and other serious charges for decades. We scrutinize indictments for fatal flaws, challenge illegal searches, and fight to suppress unreliable statements—long before the plea-bargain stage. If you have been arrested or are under investigation, contact us immediately at 877-377-8666 or through our secure online form. The sooner we act, the more options you preserve, and the stronger your defense becomes.