NY CPL 245 - Challenging the Protective Order
The Defendant in People v. Branton (Branton), 2020 NY Slip Op 00372 (Jan 17, 2020, 2nd Department) appealed the lower court's ruling...
CPL 245 - New York Criminal Order to Show Cause
2020 is bringing enormous changes, locally and nationally, but the sea change that occurred in criminal law is truly unprecedented...
New York Criminal Defense and Discovery in 2020
The case is People v. DeMILIO, 2020 N.Y. Slip Op 20003 (County Ct. 2020) and it answers the question, "whose discovery is it anyway?"...
Come back with a Warrant - Evidence Suppressed
In People v. Fray, 2019 NY Slip Op 52086 - NY: County Court 2019, the New York City Police Officer conducted a protective sweep. The...
NY Fair Trial: Brady Evidence withheld results in New Murder Trial
Criminal conviction overturned. The homicide conviction is overturned in this case because the prosceutor withheld evidence. "The Brady...
NYS Criminal Defense Attorney: Discovery, Preservation and FOIL
Hire a criminal defense attorney that makes demands, pursues evidence, investigates the case and does more than consult a discovery...
DWI & DUI Checkpoints This Season
Warrant exception and stops without probable cause. You would think that this would not occur in a country founded upon angry...
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...
