Defense Counsel did not expressly consent to longer adjournment – The People bear the burden of Prov
The accused has the Constitutional Right to a Speedy Trial. Recently, the Supreme Court in Betterman declared the sole remedy for a...
Grabbing at the waistband did not justify the seizure and search: Evidence, including gun, suppresse
Police need to justify their actions. More than just saying hello or “peeking” into the car window, New York police officers must justify...
New Trial Granted: Juror could not unequivocally state she could render an impartial verdict
This case comes by way of an appeal. The Defendant was convicted of assault in the third degree and criminal mischief in the fourth...
The People failed to timely seek a DNA Test resulting in the Dismissal of an Indictment On Speedy Tr
In People v. Clark, the New York Court of Appeals throw out a first degree murder charges because the People, the prosecutor, did not act...
Prosecutor’s Statements about DNA evidence results in New Trial for Criminal Defendant
After a jury trial, the defendant was convicted of criminal possession of a weapon in the second degree. A new trial is ordered because...
Hofstra Student’s Public Lewdness Charge, Penal Law 245, stands
A college student’s inappropriate behavior became criminal in class. “Defendant is accused by information of public lewdness (see Penal...
No knowledge requirement imposed on Criminal Possession of a Gravity Knife – Possession of Gravity K
A slew of news articles and challenges to what is a legal knife and what is an illegal knife, a Gravity Knife, have surfaced throughout...
Criminal Defense - Staring does not provide Probable Cause
It sounds like a bad joke: A cop rolls up to a citizen and says “what’s up, guys.” The citizen does not respond. He puts his head down...
Criminal Defense: Witness Unavailability
Spread the word: Phone calls made in jails and prisons are often subject to recording. Here, the (New York) department of corrections...
New Trial Ordered - Defendant Removed from Court
A New Trial is Ordered for a Nassau County Criminal Defendant removed from his trial without warning. This case hails out of Long Island,...
