In a recent opinion from a New York court involving a robbery conviction, the court denied the defendant’s request to suppress his incriminating statements. The defendant was found guilty of robbery in the second degree and the third degree; he appealed by arguing that the officer that arrested him lacked…
What happens when a New York defendant tosses evidence as he or she is fleeing from the police? The answer depends on the police action leading up to the stop. Recently, a state appellate court issued a written opinion in a New York drug possession case involving the concept of…
Filing an appeal is one of the most critical steps in a New York criminal defendant’s attempt to avoid serious penalties and incarceration. In most instances, an appeal follows a trial and sentencing. New York appeals generally involve a defendant making a pleading to the appellate court to issue a…
Earlier this month, a state appellate court issued an opinion in a New York gun case discussing the concept of an inventory search. An inventory search is a type of search, usually conducted by police officers or tow-truck drivers, that is performed to determine what is in a vehicle before…
Lawmakers draft criminal statutes very intentionally, and every word in a law should have meaning. Thus, when courts are tasked with determining whether certain conduct falls within the scope of a criminal law, the first place the court looks is to the language contained in the statute itself. In some…
It’s common knowledge that you can be prosecuted for a New York gun crime if police officers find a gun on you. But what about if the police find a gun in the car you are riding in? Or if they find a gun in your home or hotel room?…
Earlier this year, a state appellate court issued an opinion in a New York gun case, affirming the lower court’s decision to suppress a weapon found in the defendant’s vehicle that was parked outside his home. The case required the court to determine if the officers’ search of the defendant’s…
Recently, a state appellate court issued an opinion in a New York gun possession case involving a police officer’s search of the defendant’s car. In a pre-trial motion to defendant argued that the officers lacked probable cause to stop his car, which ultimately led to his arrest. However, the court…
The United States and New York constitutions provide certain rights to citizens. Among these protections include the right to be free from unreasonable searches and seizures. Generally, police officers need to obtain a warrant to conduct a search. However, there are certain situations where a police officer’s actions are not…
Recently, a state appellate court issued an opinion in a New York weapons case illustrating the importance of a detailed review of the evidence and effective cross-examination skills. The case involved a traffic stop during which police found a sawed-off shotgun wedged under the driver’s seat. Police also claim to…