2024-02-11 22:54
We have often said that suppression can be the best defense. Recently, a New York defendant appealed a lower court’s decision to deny his motion to suppress physical evidence, an… Read More
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New York Criminal Attorney Blog — Published By W Blog
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Published by White Plains, New York Criminal Defense Lawyers — Tilem & Associates
2024-02-05 21:39
In a recent opinion from the New York State Court of Appeals, the chief judge delivered a concurrence that highlights some of the difficulties involved in litigating criminal cases. The opin… Read More
2024-02-05 19:59
Recently, the New York Court of Appeals, New York’s highest court sided with a defendant who was originally charged with and convicted of harassment in the second degree. in a ve… Read More
2024-01-30 21:47
Police in New York are all too eager to seize your firearms and unfortunately recent changes in the law have made it easier for the police to seize your guns and harder for you to get them b… Read More
2024-01-23 16:19
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 decisio… Read More
2024-01-16 22:55
In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decis… Read More
2024-01-09 17:03
In a recent drug case in New York, the Court of Appeals, New York’s highest Court held that using a narcotics-detection dog to sniff a criminal suspect’s body is defined as a &ld&hell…Read More
2024-01-02 22:25
In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an off… Read More
2023-12-24 22:15
In a recent criminal case before the New York Court of Appeals, New York’s highest Court, the defendant appealed a conviction that he argued was based on an officer’s unlawful se… Read More
2023-12-16 22:08
In a November 2023 case before an appellate court in New York, the defendant appealed his convictions of murder in the second degree and criminal possession of a weapon in the second degree… Read More
2023-12-09 21:37
In a recent New York Gun case before the Appellate Division, Second Department in New York, the defendant unsuccessfully asked for the court to reverse a trial court’s denial of his mo… Read More
2023-12-02 21:20
In an October 2023 Murder case before the Appellate Division, First Department, the defendant argued that several of his incriminating statements to police officers should have been suppress… Read More
2023-11-25 20:51
In a recent case before a court in New York, the defendant asked the court to find that the lower court had erroneously excluded evidence during his trial. The defendant was originally charg… Read More
2023-11-18 22:58
Recently, in a New York criminal case involving possession of a forged instrument, the defendant argued that the lower court should have granted his motion to suppress evidence found in the… Read More
2023-11-13 01:13
In a recent case before a New York court, the defendant appealed the lower court’s denial of his motion to suppress tangible evidence. The defendant originally pled guilty to criminal… Read More
2023-11-06 21:24
In an October 2023 case before a New York court, the defendant appealed the lower of the lower court’s denial of his motion to suppress incriminating evidence. The defendant was origin… Read More
2023-10-30 18:37
In a recent matter before the Supreme Court, Appellate Division, Third Department, the court modified a defendant’s judgment in his favor, vacating part of his sentence for an assault… Read More
2023-10-23 19:19
Introduction:
In the intricate landscape of New York criminal defense, felonies, as opposed to misdemeanors, stand out as serious offenses, and New York classifies them into distinct categor… Read More
2023-10-17 19:11
In a recent New York criminal case before the Appellate Division, Third Department, a New York defendant appealed his convictions of robbery in the first degree and robbery in the second deg… Read More
2023-10-11 20:40
In a recent assault case in New York before the Appellate Division, Second Department, the defendant asked the court to reconsider a lower court’s denial of his motion to suppress. The… Read More
2023-10-04 20:07
A recent case Criminal Possession of a Forged Instrument case before an appellate court in New York highlights the power that police officers have to search personal vehicles and seize suspi… Read More
2023-09-27 20:00
Recently, a defendant in a New York DWI case filed an appeal of the lower court’s decision regarding his sentence for driving while intoxicated and criminal mischief. The l… Read More
2023-09-20 17:08
Recently, a defendant in New York appealed his convictions for possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree… Read More
2023-09-13 19:16
In a recent case before the Appellate Division, First Department in New York, the court decided another issue regarding jury selection in favor of two defendants who the Court said wer… Read More
2023-09-06 19:01
In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his gu… Read More
2023-08-31 01:32
In a July 2023 case before the Appellate Division, Third Department in New York, the defendant asked for the court to reconsider his guilty verdict for menacing a police officer pursuant to… Read More
2023-08-23 15:12
Tax fraud is a major issue for the state of New York, and it has taken the trial of one of the state’s most famous natives to really shine a light on the issue. Convictions f… Read More
2023-08-13 18:24
As we have discussed, the defense of justification, or self-defense is one of the most important defenses that exist in New York criminal law. Once the defense of self defense is raise… Read More
2023-08-06 18:06
In a July 2023 burglary case before the Appellate Division, Second Department in New York, the defendant highlighted possible issues in identifying a suspect through surveillance footage. Th… Read More
2023-07-30 21:20
In a June 2023 case before the Appellate Division, Second Department in New York, the defendant successfully argued for a reversal of his conviction of robbery in the third degree and crimin… Read More
Defendant In NY Sex Offender Registration Case Unsuccessfully Asks For Reconsideration Of Risk Level
2023-07-22 19:32
In a recent case coming out of an appellate court in New York, the defendant’s request for a new analysis under the Sex Offender Registration Act was denied. The defendant took issue w… Read More
2023-07-15 19:25
In a recent case before an appellate court in New York, the defendant presented multiple arguments in an attempt to reverse his conviction for murder in the second degree. Ultimately, the co… Read More
Defendant In New York Sex Offender Case Successfully Argues For Reversal Of Trial Court’s Decision
2023-07-08 18:19
Recently, a New York defendant successfully argued to reverse the lower court’s classification of his sex offender registration risk level in a sex offender case. The defendant was cha… Read More
2023-06-29 21:10
In a recent New York drug offense case subject to appellate review in the state of New York, the defendant challenged the lower court’s denial of his motion to suppress. The defendant… Read More
2023-06-22 19:38
In a recent case before a New York court, the defendant argued that his defense attorney was ineffective in representing him at the trial level. Originally, he was found guilty of both crimi… Read More
2023-06-15 19:19
In a recent case before a New York appeals court, the State asked for a reconsideration of an appellate division’s unfavorable decision. Originally, the defendant was convicted of assa… Read More
2023-06-07 18:43
In a recent Murder case coming before the New York Court of Appeals, New York’s highest court, the defendant asked for a new trial because the trial court judge had closed the courtroo… Read More
2023-05-30 17:42
In an April 2023 case before an appellate court in New York, the defendant, a convicted sex offender, appealed a lower court’s decision to designate him as a level three sex offe… Read More
2023-05-20 17:35
Last month, an appellate court in New York ruled in favor of the defendant in a New York gun case involving the suppression of physical evidence. Originally, a police officer pulled the defe… Read More
2023-05-13 16:45
In a recent assault case before an appellate court in New York, the defendant successfully overturned several convictions related to a Child Abuse case. Although, the top charge of Assault i… Read More
2023-05-05 16:34
Driving with a suspended license can be an extremely serious offense in New York with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree being a Felony in New York. … Read More
2023-04-28 19:37
Recently, a New York appeals court published an opinion reversing a defendant’s conviction of assault in the third degree. Originally, the defendant was found guilty of three crimes, a… Read More
2023-04-18 19:19
Last month, the defendant in a New York assault case challenged the constitutionality of a rule that worked against him in his 2018 jury trial. This case is a very important case about the l… Read More
2023-04-12 20:35
In a recent case before a New York appellate court, the defendant asked the court to reconsider his conviction for criminal possession of a weapon in the second degree. In his appeal, the de… Read More
2023-04-06 20:17
In a March 2023 case before a New York appellate court, the defendant asked the court to find that he was arrested unlawfully by two officers during a traffic stop and that therefore the evi… Read More
2023-03-29 20:08
In a recent case involving leaving the scene of an accident or incident before a New York appellate court, the defendant successfully argued that his motion to suppress was improperly denied… Read More
2023-03-22 18:35
Last month, a New York appellate court decided a case that overturned a young defendant’s murder conviction after trial and suppressed statements that were made to his father and recor… Read More
2023-03-15 17:23
In a recent Domestic Violence case being prosecuted in Bronx County, the defendant challenged the issuance of a Temporary Order of Protection during the pendency of his Criminal Obstruction… Read More
2023-03-08 19:39
In a recent New York gun case before an appellate court in the state of New York, the court had to decide whether a search warrant executed by several state troopers was valid. Originally, t… Read More
2023-03-01 19:24
In a recent rape case before an appeals court in New York, the defendant asked the court to find that he had received ineffective assistance of counsel during his trial for rape in the secon… Read More
2023-02-27 22:11
Criminal prosecutions in New York are confined by constitutional and statutory protections for people accused of crimes in this state. The state rules of evidence and criminal procedure prev… Read More
2023-02-18 23:11
In a recent case before a New York appellate court, the defendant challenged her conviction and sentence for assault and criminal contempt. On appeal, she argued that the State had not prove… Read More
2023-02-12 23:06
In a robbery case before a New York appeals court earlier this month, the defendant asked the court to reconsider an unfavorable decision he received at the trial court level. Original… Read More
2023-02-06 20:36
Last month, the Appellate Court decided the prosecution’s appeal of a lower court’s unfavorable decision in a firearm possession case. It is unusual for the prosecutors to appeal… Read More
New York Murder Defendant Unsuccessfully Argues That Trial Court Violated His Right To Confrontation
2023-01-31 18:27
Recently, a defendant in New York charged with murder in the second degree and criminal possession of a weapon in the second degree appealed his guilty verdict and related sentence. The defe… Read More
2023-01-25 18:02
Earlier this month, a New York defendant convicted of attempted murder, appealed his guilty verdict before the Appellate Division of the Supreme Court of the State of New York. According to… Read More
2023-01-19 16:21
Last month, a New York defendant in a firearms possession case successfully appealed an unfavorable decision from the lower court. Originally, the trial court had denied the defendant’… Read More
2023-01-13 21:40
In a case before the New York Appellate Division in late November, the defendant asked the court to reconsider his 2016 guilty conviction. Originally, the defendant was charged with both mur… Read More
2023-01-06 21:15
Recently, a defendant in New York appealed his guilty conviction for attempted murder and criminal possession of a weapon. On appeal, the defendant argued that during trial, the prosecution… Read More
2022-12-30 17:44
A New York State Supreme Court Justice ruled last week that New York’s Extreme Risk Protection Order laws, often called Red Flag laws are unconstitutional and declined to issue an Extr… Read More
2022-12-23 22:32
In a recent New York criminal case, the appellate court affirmed the trial court decision, establishing that the finding and verdict at trial by the jury was not against the weight of the ev… Read More
2022-12-15 20:44
In a recent New York criminal case, the New York Appellate Division affirmed the trial court decision, finding that the court had properly denied the defendant’s omnibus motion to supp… Read More
2022-12-08 21:00
In a recent New York Criminal Assault case which was appealed to the New York Appellate Division, the defendant asked for his guilty conviction to be reversed. Originally, the defendant was… Read More
2022-12-01 09:34
The Fourth and Fourteenth Amendments to the U.S. The Constitution prohibits law enforcement officers and other government agents from conducting an illegal search or seizure of persons or pr… Read More
2022-11-24 09:31
In a recent murder case before a New York trial court, the defendant argued that evidence relating to a 1984 murder should not have been entered into the court record. The evidence, brought… Read More
2022-11-16 21:23
In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon… Read More
2022-11-09 20:32
Just about 1 week after the United States Supreme Court delivered its ground breaking decision affirming the Constitutionally protected right to carry a gun in public and addressing the sanc… Read More
2022-11-07 17:10
Criminal defendants in the State of New York may often feel like they are playing Russian roulette with all of the variables affecting their case which may be out of their control. The assig… Read More
2022-11-01 16:02
In the state of New York, it is necessary to have a permit in order to carry or possess a handgun. The process of applying for a gun permit can be daunting, but we’re here to help. Kee… Read More
2022-10-22 19:46
Earlier this month, an appellate court in New York ruled in favor of a defendant after he was found guilty of both criminal possession of a weapon and possession of controlled substanc… Read More
2022-10-15 16:41
In a recent New York criminal defense case, a New York Appellate Court affirmed the trial court decision, finding that the court had properly denied the defendant’s motion to suppress… Read More
2022-10-08 17:15
In a recent New York DWI case that came before the Appellate Division of the Supreme Court, the defendant argued that his criminal convictions should be reversed because the police officers… Read More
2022-10-01 20:53
In a recent opinion issued by an appellate court in New York, the defendant’s appeal of his sale of firearm conviction was denied. Originally, the defendant was charged with sale of a… Read More
2022-09-23 20:46
Recently, an appellate court in New York ruled on a defendant’s appeal in a case involving assault, manslaughter, and reckless endangerment. The defendant in this case argued that the… Read More
2022-09-17 20:06
In a recent New York case involving the illegal possession of a firearm, the court denied the defendant’s motion to suppress physical evidence. In the appeal, the defendant argued that… Read More
2022-09-11 19:35
In a recent New York criminal case, the defendant successfully filed a motion to suppress physical evidence. The defendant was charged with robbery in the second degree, robbery in the third… Read More
2022-09-05 21:03
The US Constitution protects many rights of Americans accused of crimes. One of the critical protections of the Constitution is the confrontation clause. The Confrontation Clause is included… Read More
2022-08-29 17:08
In a recent New York criminal assault case, the defendant unsuccessfully appealed his conviction of assault in the first degree. In the appeal, the defendant argued that the prosecution fail… Read More
2022-08-23 17:02
Earlier this month, a federal court in New York issued an opinion in a burglary and larceny case, ruling on the defendant’s appeal of his motion to suppress. According to the defendant… Read More
2022-08-14 21:19
Recently, the New York Appellate Division, Third Department issued an opinion in a case involving a defendant’s attempt to reverse his conviction for a gun crime. On appeal, the defend… Read More
2022-08-07 09:44
In a recent case decided in a New York appellate court, the defendant unsuccessfully appealed his conviction for criminal possession of a weapon in the second degree. On appeal, one of the d… Read More
2022-08-01 19:02
In a recent case involving a New York drug crime, the defendant unsuccessfully appealed his conviction of three counts of criminal sale of a controlled substance in the third degree and thre… Read More
2022-07-26 19:02
As we have discussed in the past often in New York criminal cases suppression of the evidence may be your best (or only defense. As has been widely reported in the media, all charges w… Read More
2022-07-20 22:17
In a recent New York drug case, the defendant successfully appealed his conviction for drug possession. When the defendant was originally charged in 2018, the officer arresting him failed to… Read More
2022-07-13 22:03
We have discussed in past blogs how New York’s speedy trial statute can be effectively used in many criminal cases. In a recent case coming out of a New York court, the defendant… Read More
2022-07-05 21:57
In a recent New York sexual abuse case, the defendant unsuccessfully argued that he had the right to a jury trial under the U.S. Constitution. After being charged with and several sex crimes… Read More
2022-06-29 19:49
In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in… Read More
2022-06-23 17:53
In a recent case involving a New York gun crime, the defendant unsuccessfully appealed his conviction of attempted criminal possession of a weapon in the second degree. In the appeal, the de… Read More
2022-06-16 18:42
In a recent opinion decided in a New York appellate court, the defendant unsuccessfully appealed his New York firearm case. The defendant was originally found guilty of criminal possession o… Read More
2022-06-09 19:21
ANY OTHER WEAPONS
We have written in the past extensively about the Mossberg Shockwave, Remington Tac-14 and AR-15 others. The basic principle involves a weapon that is not designed to… Read More
2022-06-09 19:20
EXPANSION OF RED FLAG LAWS
On June 6, 2022 Governor Kathy Hochul signed an expansion of New York’s already problematic red flag laws giving the right to file Extreme Risk Protection Pe… Read More
2022-06-09 19:17
New York’s New Type of License – Semi Automatic Rifles
Among the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license be… Read More
2022-06-09 19:00
On June 6, 2022, New York Governor Kathy Hochul signed 10 new gun control measures into law. These laws were hurriedly written and passed and appear to be a knee jerk reaction to the t… Read More
2022-06-05 20:28
In a recent New York gun crime case decided in a Appellate Court, the defendant unsuccessfully appealed his firearm conviction by arguing that his original arrest was based on unreliabl… Read More
2022-05-31 18:02
As New York Second Amendment Attorneys we are constantly monitoring upcoming gun legislation. Following up on our blog the Twelve Most Ridiculous Gun laws, we just may have to revamp t… Read More
2022-05-23 18:43
In a recent New York gun crime case decided by a New York City trial court, one of two defendants filed a motion to suppress incriminating evidence. The court, looking at the circumstances s… Read More
2022-05-16 21:17
In a recent New York gun crime case a the defendant unsuccessfully argued, on appeal, that his conviction should be reversed based on questionable scientific methodologies used by the prosec… Read More
2022-05-10 21:15
In a recent case coming out of a New York Court, the defendant appealed his convictions for robbery, criminal possession of a weapon, and assault. Originally, the defendant had been found gu… Read More
2022-05-04 04:57
In a recent decision coming out of a New York court, the defendant’s appeal of his New York firearm conviction was denied. Originally, the defendant was charged after police officers f… Read More
2022-04-26 21:14
In a recent opinion coming out of a New York court, the defendant unsuccessfully appealed his guilty conviction for manslaughter in the first degree. The defendant’s case emerged after… Read More
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