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...
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...
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,...
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...
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...
