Accusatory Instrument Insufficient – Accusatory Instrument failed to allege that Marijuana was burni
Dismissed. Even though the Defendant pled guilty at the trial level, he appeals raising the defense that the accusatory instrument was...
For Cause Challenge to Juror Improperly Denied – New trial granted for Defendant
Defendant appeals from a judgment convicting him, upon a jury verdict, of sexual abuse in the first degree (Penal Law §130.65 [3]). New...
Traffic Stop Evidence Suppressed – Officer did not have the specific articulable basis to believe th
The New York Law Journal reported that “A temporary inspection sticker on a motor vehicle is insufficient justification for a police...
VTL §511 (Aggravated Unlicensed Operation of a Motor Vehicle) Counts are unconverted, People’s prior
In this New York City criminal case, the Defendant was charged by Superseding Information with Aggravated Unlicensed Operation of a Motor...
Second Department: NY CPL 440 motion to set aside the verdict granted – Was Defendant properly sente
In People v. Rivera, 2016 NY Slip Op 07036 (Second Department, October 26, 2016), the Court deals with the issue as to whether the...
Court Coerced Guilty Plea out of Defendant – Judgment Reversed, Guilty Plea Vacated
New York Criminal Defense Attorneys know that the criminal justice system is coercive, often resulting in people who are afraid of the...
Because the Residential Area of the Building could not be accessed from where he entered, Defendant’
In People v. Joseph, the New York Court of Appeals holds that Defendant’s Burglary Conviction cannot Stand because the Residential Area...
New York City Marijuana Arrest based on Tossed Joint thrown out because of Facial Insufficiency
New York Marijuana Arrests are especially high in New York City. No play on words intended. Smoking pot in public. Usually the defendant...
`Use of Cell Site Simulator, not otherwise available to the public, without Warrant was a Violat
The Fourth Amendment, just like the regulations of a driverless car, does not end with the advent of new technology. Here the use of a...
