Monthly Archives: December 2019
According to the 2nd U.S. Circuit Court of Appeals in Manhattan, a 17-year-sentence that was handed down in a Brooklyn federal court for a New Yorker who allegedly sought to engage in a terrorist activity – trying to kill an FBI agent who was searching his home – on behalf of the Islamic State… Read More »
Court Finds That an Immigrant Does Not Forfeit Their Appeal When They Are Deported, Even If They Have Illegally Reentered the U.S.
In December, a federal appeals court declared federal regulations allowing for an immigrant who is in the process of appealing their deportation order to be considered as having forfeited his appeal by getting deported to be illegal. As a result, the court officially reinstated the appeal of the defendant’s deportation. The immigrant had entered… Read More »
Fentanyl-related deaths have skyrocketed in New York and throughout the country, surpassing even the prescription opioid painkiller crisis. According to statistics, there were more than 30,000 fentanyl-related overdose deaths; just last year. As a result, New York may soon have a new drug crime in its criminal code: In December, Governor Cuomo announced that… Read More »
The New York Post recently featured a story on a criminal defendant that is being released on bail due to what is known as the state’s “one punch homicide law,” which essentially prevents upgrading an assault charge to manslaughter if an assault led to death unless there is proof that there was an intent… Read More »
Some Police Departments Are Using Rapid DNA Technology to Quickly Solve Rape Cases, But Is It Reliable?
New techniques that allow for “Rapid DNA” testing and claim to offer law enforcement a means of quickly and efficiently testing DNA samples in criminal cases has drawn fire from some criminal defense advocates and crime lab officials, who are concerned about the reliability of police departments using such techniques, especially before they have… Read More »
If You Were Arrested by The NYPD for A Minor Offense in The Subway, It Could Be Due to Discrimination
On December 6, the New York Times covered an important expose on racial profiling committed by the New York Police Department (NYPD) in targeting arrestees for minor offenses, such as jumping turnstiles. According to the sworn statements by six officers, they were told to go after “blacks and Latinos” and that they were “stopping… Read More »
New York’s laws on weapon possession will soon be on trial before the U.S. Supreme Court, and the decision could expand Second Amendment rights – and therefore weapons charges – around the country, as well as related regulations covering background checks and weapon confiscations from individuals deemed to be “dangerous” by the court. The… Read More »
New York Legislators Propose Mandating Body Cameras for Police: How This Could Affect Criminal Cases
A current proposal to outfit New York police officers with body cameras and instructing state troopers as to when they should record their on-duty interactions could significantly affect criminal cases here in New York, especially when it comes to evidence that was collected in violation of an individual’s constitutional rights being barred from court…. Read More »