New York City Police Officer’s refusal to provide Defendant an opportunity to call counsel results i
Demand an attorney – in New York, one has the indelible right to counsel once the demand is made. This has tremendous importance. The right to counsel, the invocation of that right in New York, can lead to the suppression of evidence. This can occur even in Driving While Intoxicated (DWI) cases. Here, this New York City Criminal Defendant demanded his attorney before providing a breath sample, a breath test, that was later suppressed because he asserted this right. The Defend
Driving While Intoxicated (DWI) Checkpoint is legitimate – Suffolk County New York Conviction for DW
Driving While Intoxicated. Everyone has seen the commercials. Sometimes the driver is in a car filled with some sort of alcohol, swerving, while a trooper turns on flashing lights and pulls him or her over to the side of the road. Driving While Intoxicated checkpoints are rife throughout Long Island and New York. This conviction comes as a result of a DWI checkpoint in Suffolk County New York. The Defendant here challenged the constitutionality of the DWI Checkpoint. Unfortun
Crash and Death in New York – Defendant asserts his right to counsel; conviction overturned, stateme
The Appellate Division, Third Department, provides another example of why it is important to speak to an attorney before speaking with the police, even in a traffic stop. New York DWI is not limited to alcohol. As prescription medications become more prescribed and more prevalent in the lives of New Yorkers, one must understand that Driving Under the Influence and New York Driving While Ability Impaired can occur with a mix of legal drugs and alcohol. New York Driving While A
Admission of machine generated blood test for sexually transmitted disease, without the testimony of
The appeal here comes from a conviction, after a jury trial, of predatory sexual assault against a child and course of sexual conduct against a child in the first degree. The defendant here was infected with a certain sexually transmitted disease (STD) that was proved at trial albeit without testimony. The issue becomes whether there is a confrontation clause issue. Recently, the Supreme Court held that no Confrontation Clause violation occurred when the statements of a three
