In a recent gun case in New York, the court denied the defendant’s appeal to suppress incriminating evidence. The defendant argued that the officers who originally found the gun on his person were unreasonable in the way they stopped and searched him. The court disagreed, siding with the police and…
Recently, a New York appellate court issued an opinion in a gun case involving a defendant who was shot twice and then was arrested for possession of a firearm. At trial, the court denied the defendant’s motion to suppress. On appeal, the defendant argued that the officers who found the…
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…
In a recent opinion from a New York court involving drug possession, the defendant’s request for the court to reconsider his guilty verdict was denied. The defendant was found guilty of criminal possession of a controlled substance in the fourth degree. He filed a motion to suppress evidence, arguing that…
Recently, a state appellate court issued an opinion in a New York drug case discussing the concept of an inventory search. An inventory search is performed by police officers to properly determine the contents of the item searched. Inventory searches should not be used for the purpose of discovering evidence…
While state and federal law restrict a police officer’s ability to conduct a warrantless search, courts allow officers to perform a limited search in certain situations. One of these situations involves after an officer makes a lawful arrest. Thus, it is common after a police officer arrests someone that the…
A New York appellate court recently issued a decision in a criminal accused’s appeal of his kidnapping conviction. The record indicates the accused and his co-defendant allegedly kidnapped the complainant. The victim’s friends received various ransom calls, one of the friends called the police claiming that they recognized the voice…
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…