In this case the Court of Appeals considered whether the lower court rightly relied on the decision in People v Williams, 4 NY3d 535 [2005] as the basis for granting the defendant’s motion to suppress evidence recovered in the vehicle search. In People v. Williams, two officers of the Buffalo…
In this case, the Court of Appeals overturned the decisions of the Appellate Division and trial court and determined that in an attempted murder case the defendant was entitled to challenge the credibility of the law enforcement witnesses. The incident that resulted in the arrest of the defendant started in…
In this case, the appellate court considered whether evidence should have been suppressed because the defendant’s consent to having his car searched was not voluntary. In People v. Wright-Hale, the arresting officer went to a hotel in Queens in response to a 911 emergency call that someone was banging on…
In the case of People v. Sloley, the Appellate Court considered the question as to whether the jury properly concluded that a defendant constructively possessed a firearm. Constructive possession is a legal doctrine which allows prosecutors to bring criminal charges and potentially obtain convictions for possessory offenses in cases where…
In People v. McCoy, the defendant was convicted of three counts of criminal possession of a weapon in the second degree and four counts of criminal possession of a weapon in the third degree. The convictions were based on the defendant being found to have constructively possessed a gun. Constructive…
In this criminal case, the Plaintiff is the mother of and Administratrix of the Estate of her deceased son. In April 2006, the son, who was age 17 at the time, was in the backyard of the premises visiting with his friend. The owner of the premises was the defendant.…
The defendant was charged with endangering the welfare of a child and criminal possession of a controlled substance in the seventh degree. She now moves the Court for an order dismissing the charge of endangering the welfare of a child for facial insufficiency. A Queens County Criminal attorney said that…
A New York Criminal Lawyer said that, the defendant was observed by Officers walking in front of a building on Lexington Avenue. The officers also observed through the glass doors of that building that two people were standing in the vestibule area and appeared to be having an argument. The…
The defendant motioned to suppress a gun, the magazine in the gun, and nine rounds of ammunition in the magazine at a hearing before the court. During the hearing the People called one witness, a police officer who was assigned to the Anti-Crime Unit of the 75th precinct at the…
The Supreme Court of Bronx County granted the defendant’s motion to suppress both physical evidence and statements. The People are appealing. There is an appeal from the same order that granted the People’s motion to reargue and on re-argument adhered to the original decision, dismissed the appeal from the prior…