iPhone Tracking - Probable Cause
In the People v. Robinson, 32682013, NYLJ 1202753002450, at 1 (Sup., BX, Decided February 24, 2016) the defendant is charged, inter alia,...
Prosecutorial Misconduct - New Trial
This appeal comes from the Monroe County Supreme Court – a jury convicted the defendant of attempted rape and attempted criminal sexual...
Criminal Defense: Cocaine Suppressed
The defendant appeals from a conviction of criminal possession of a controlled substance in the third degree. The Court suppresses the...
Recorded Conversation in Police Car Not Private
Defendant appealed from a conviction of criminal possession of a weapon in the second degree, criminal possession of marijuana in the...
Batson Challenge Results in New Trial
The case highlights the importance of a New York Criminal Defense Attorney preserving the record and properly exercising juror challenges...
Right to Counsel Violated; Driving While Intoxicated Case: Breath Test Suppressed
The Defendant was charged with, among other things, Driving While Intoxicated (VTL 1192). Defendant challenges the stop and subsequent...
Case Dismissed - Legally Insufficient Evidence
The Prosecution failed to present legally sufficient evidence at trial – the trial involving sexual assault against a child. The...
VTL 1225 - TPVA violated Constitutional Right to Present Exculpatory Evidence
This appeal comes from the Nassau County Traffic and Parking Violations Agency (“TPVA”). The Defendant was charged with using a mobile...
Trial Severance - Criminal Defense - Pretrial Publicity - Confrontation Clause
The issue before the Court is whether a joint trial should proceed (judicial economy) or where the trial should be severed (because of...
Town Violation/Municipal Violation Overturned, Insufficient Evidence
Long Island Town and Village Code: Have you ever been charged with violating the “code”? Has code enforcement tried to enter your home?...
