The court must view the evidence in the light most favorable to the defendant, and if there is “any reasonable view of the evidence [that] would permit the factfinder to conclude that the defendant’s conduct was justified
United States v. Khalil 15-3819-cr U.S. Court of Appeals for the Second Circuit Decided May 16, 2017 Issue: Whether a defendant can be guilty of transporting an illegal … Continue reading
Unlawfully Dealing With A Child: Knowingly Permitting Child To Enter A Place Where There Is Activity Involving Controlled Substances? People v Berry New York Court of Appeals 2016 NY Slip … Continue reading
Search Incident To Arrest Warrant Where Subject Of Warrant Was A Guest: The Government Can File Interlocutory Appeals In Criminal Cases United States Court of Appeals for the Second Circuit … Continue reading
New York Court of Appeals People v. Reid 2014 Slip Op 08759 Decided on December 16, 2014 Blog By: Stephen N. Preziosi Esq., Criminal Appeals Lawyer Issue: Whether a pat-down … Continue reading
People v. Martinez 2014 NY Slip Op 06668 Appellate Division, First Department Decided on: October 2, 2014 New York Appellate Court Adopts Rule Requiring Warrant For Search Of Cell Phone … Continue reading
People v Tolentino 14. N.Y.3D 382 New York Court of Appeals Decided on March 30, 2010 Your Identity Is Not Private As A Matter Of Law: A Person’s Identity Is Not Suppressible … Continue reading
PEOPLE V TOLENTINO : New York Court of Appeals, IMPORTANT NOTE: THE U.S. SUPREME COURT HAD GRANTED CERTIORARI TO HEAR THIS CASE AND ORAL ARGUMENT WAS SET FOR MARCH 21, … Continue reading
People v Goldman NY Slip Op 05977 [35 NY3d 582] NY Court of Appeals Decided on October 22, 2020 Need an appeals attorney? Contact us today. Issue: Defendant’s Entitlement to … Continue reading
People v Balkman 2020 NY Slip Op 06838 [35 NY3d 556] NY Court of Appeals Decided on November 19, 2020 Contract Criminal Appeals Lawyer Stephen Preziosi at 1-800-APPEALS (1-800-277-3257) Issue: … Continue reading
People v. Gordon 36 NY3d 420 (2021) New York Court of Appeals Decided on February 18, 2021 Convicted as a result of an illegal search? Contact a criminal appeals attorney … Continue reading
The New York Court of Appeals Holds That a Search is Not a Search: Orwellian Principles + Unconstitutional Search = No Search People v Bushey 2017 NY Slip Op … Continue reading
Facial Sufficiency of Misdemeanor Accusatory Instrument: Plain Meaning Provides Sufficient Notice of Charges People v. Aragon New York Court of Appeals 2016 NY Slip Op 07104 Decided on November 1, … Continue reading
Sixth Amendment: The Test For Effective Assistance of Counsel Is Reasonable Competence, Not Perfect Representation People v Carver New York Court of Appeals 2016 NY Slip Op 04322 Decided on: … Continue reading
Unconstitutional Stops And The Attenuation Doctrine The United States Supreme Court Utah v Strieff No. 14-1373 Decided: June 20, 2016 Issue: Whether the attenuation doctrine applies when an officer … Continue reading
Investment Adviser Fraud: Intent To Deceive Required Not Intent To Harm. United States Court of Appeals for the Second Circuit United States v. Tagliaferri 15-536 Decided: May 4th, 2016 Investment … Continue reading
THE TRIAL COURT ERRED WHEN IT DENIED THE DEFENDANT A MAPP/DUNAWAY (PROBABLE CAUSE) HEARING ON THE GROUNDS THAT HE DID NOT HAVE STANDING TO CONTEST THE SEARCH OF THE BAG … Continue reading
Incorrect Calculation Of Federal Sentencing Guidelines And Plain Error Molina- Martinez v United States 136 S.Ct. 1338 The United States Supreme Court Decided: April 20, 2016 Issue: Whether the Fifth … Continue reading
The Law On Eavesdropping In New York And The Vicarious Consent Doctrine People v Badalamenti 2016 NY Slip Op 02556 New York Court of Appeals Decided on April 5, 2016 … Continue reading
Timely Objection: Preserving The Right To Withdraw A Guilty Plea People v Williams 2016 NY Slip Op 02551 New York Court of Appeals Decided on: April 5, 2016 Issue: … Continue reading