In a recent New York firearms case before the New York Court of Appeals, the defendant successfully asked for his conviction for criminal possession of a weapon to be overturned. The decision, issued at the end of 2023, illustrates the importance of choosing and retaining a thorough, knowledgeable and experienced criminal defense counsel, given that the court reversed the lower court’s order because the defendant received ineffective assistance of counsel during his trial proceedings.  While this was ultimately a win, the defendant received 7 years in prison and probably served at least 4 ..read more

In a recent assault and criminal possession of a weapon case before New York’s highest Court, the New York Court of Appeals, the defendant took issue with the trial court’s decision to let a witness identify him as the perpetrator of a shooting for the first time while she was in court. In its opinion, the court discussed the implications of letting a witness make this kind of identification without significant notice to the defendant. Here, concluded the court, the defendant had sufficient notice of the possible identification, and his conviction would be affirmed. Facts of the Case According ..read more

In a recent case before a New York court, the defendant appealed the lower court’s denial of his motion to suppress tangible evidence. The defendant originally pled guilty to criminal possession of a weapon in the second degree, but he argued on appeal that the officers arresting him did not actually have the legal right to stop him before arresting him. On appeal, the higher court agreed, reversing the lower court’s decision on the motion to suppress and vacating his guilty plea. Facts of the Case According to the opinion, police officers patrolling one evening received an anonymous 911 call ..read more

In an October 2023 case before a New York court, the defendant appealed the lower of the lower court’s denial of his motion to suppress incriminating evidence. The defendant was originally charged with criminal possession of a weapon based on a 2015 run-in with police officers. After being criminally charged with a felony, the defendant asked the court to suppress the incriminating evidence, a gun, that officers found in his personal vehicle during a routine inventory search. The court denied the defendant’s motion, who then appealed the denial of his motion to suppress. The higher court, cons ..read more

In a recent case between the State of New York and a defendant convicted of criminal possession of a weapon, an appellate court ruled that the defendant did not have grounds to appeal his guilty verdict. Originally, the defendant was charged with criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. His case went to trial, a jury found him guilty, and the defendant promptly appealed. After considering the defendant’s argument that the State unfairly struck a Black individual and a Hispanic individual from the jury, the court denied the de ..read more

Last month, an appellate court in New York ruled in favor of the defendant in a New York gun case involving the suppression of physical evidence. Originally, a police officer pulled the defendant over when he was driving, and the officer found a firearm on the defendant’s person. The lower court granted the defendant’s motion to suppress the incriminating evidence found during the traffic stop, and the State of New York appealed. Ultimately, the higher court denied the State’s appeal, siding with the defendant instead. The Facts of the Case According to the opinion, an officer was on patrol on ..read more

Last month, the Appellate Court decided the prosecution’s appeal of a lower court’s unfavorable decision in a firearm possession case. It is unusual for the prosecutors to appeal and they can only do so under very limited circumstances. The State had originally asked the lower court to admit evidence, including two handguns, that resulted from an officer’s pat down of the defendant, and the lower court had determined that the evidence could not come in at trial. When the State appealed, the higher court reviewed the evidence of the case, ultimately deciding that the lower court’s decision was ..read more

Last month, a New York defendant in a firearms possession case successfully appealed an unfavorable decision from the lower court. Originally, the trial court had denied the defendant’s motion to suppress the gun in this case, which was found by the two officers that arrested the defendant. The defendant argued that officers actually did not have legal grounds to search him, and the trial court disagreed. On appeal, however, the higher court reversed this decision, ruling that the officers unlawfully searched the defendant on the night in question.  As we have discussed on many occasions ..read more

Just about 1 week after the United States Supreme Court delivered its ground breaking decision affirming the Constitutionally protected right to carry a gun in public and addressing the sanctity of the Second Amendment, Governor Hochul and the New York State Legislature convened an extraordinary legislative session and passed the “Concealed Carry Improvement Act.  The purpose of the CCIA was to make the lawful carry of a firearm so difficult, so constrained and so limited that no one would choose to carry their firearm for fear of being charged with a felony.  The thrust of the law w ..read more

In the state of New York, it is necessary to have a permit in order to carry or possess a handgun. The process of applying for a gun permit can be daunting, but we’re here to help. Keep reading to learn more about the steps you need to take in order to obtain a gun permit in New York City. 1. Determine if you are eligible for a gun permit. In order to be eligible, you must be 21 years of age or older, have no or a minimal criminal record (you may not have a felony conviction), and be a resident of or be be employed within New York City. If you meet these criteria, you can move on to the next s ..read more