In a recent case before a court in New York, the defendant asked the court to find that the lower court had erroneously excluded evidence during his trial. The defendant was originally charged with two counts of first-degree sexual abuse, and a jury found him guilty as charged. On appeal, however, the higher court agreed with the defendant’s argument and ultimately reversed the lower court’s decision. The Facts of the Case According to the opinion, the defendant was sitting on a couch with a minor relative of his when he allegedly penetrated the minor’s vagina and touched her breasts. The mino ..read more

In a recent case coming out of an appellate court in New York, the defendant’s request for a new analysis under the Sex Offender Registration Act was denied. The defendant took issue with the trial court’s decision regarding his “risk level” after he was originally found guilty of possessing child pornography. Asking for a lower risk level on the sex offender registry, the defendant argued there was not enough evidence to support the high risk level the lower court had assigned him. Reviewing the case and ultimately disagreeing with the defendant’s argument, the higher court denied his appeal ..read more

Recently, a New York defendant successfully argued to reverse the lower court’s classification of his sex offender registration risk level in a sex offender case. The defendant was charged with and convicted of engaging in forcible sexual intercourse in 2012, and when he was eventually released from prison, the State suggested a risk level to put on the defendant’s sex offender registry. After the lower court accepted the State’s recommendation, the defendant appealed, and the higher court reversed the original decision.  Generally, before a sex offender is released from incarceration an ..read more

In an April 2023 case before an appellate court in New York, the defendant, a convicted sex offender,  appealed a lower court’s decision to designate him as a level three sex offender under the sex offender registration act (SORA). After the defendant was charged with and convicted of rape, the State asked for the defendant to be registered as a sex offender in the state of New York. When the defendant thought that the lower court unfairly assessed his risk level to the community, he appealed, and the higher court ultimately agreed with his argument, granting his appeal. Facts of the Case ..read more

In a recent rape case before an appeals court in New York, the defendant asked the court to find that he had received ineffective assistance of counsel during his trial for rape in the second degree. Originally, the defendant was charged by indictment after evidence supported a showing that he had engaged in sexual relations with a 14-year-old girl several times. During the trial, the defendant thought his attorney should have made more objections to the evidence that the State asked the jury to consider. Ultimately, the defendant lost at trial, and he was convicted and sentenced accordingly ..read more

Criminal prosecutions in New York are confined by constitutional and statutory protections for people accused of crimes in this state. The state rules of evidence and criminal procedure prevent prosecutors from eliciting certain types of testimony and other evidence that is determined to be inadmissible hearsay. Hearsay involves an out-of-court statement, offered for the truth of the matter asserted.  Hearsay is by definition a violation of the confrontation clause of the US Constitution in that it may violate the principle that the accused has the right to confront the witness against th ..read more

The COVID-19 pandemic had a profound impact on the country and its ability to function. However, the effect of the pandemic was felt the hardest in New York City. As the number of new cases continues to decline, government functions are starting to resume. Of course, this includes New York criminal trials, which truly represent the backbone of our criminal justice system. New York courts will need to deal with many challenges as they begin to hear more cases. The old way of doing things may no longer make sense, with jurors, defendants and supporters all crammed into crowded courthouses. Thus ..read more

New York criminal trial lawyers know that New York criminal trials are all governed by the New York Rules of Evidence (NYRE). The NYRE cover which evidence is admissible and how courts should go about determining whether contested evidence should be admitted and presented to the jury. Given the importance of the matter, many New York criminal trials involve lengthy and detailed arguments about which evidence is admissible in a series of pre-trial motions. Through either a motion in limine or a motion to suppress, parties are able to deal with evidentiary issues in advance of them arising ..read more

In a recent New York sexual abuse case, the defendant unsuccessfully argued that he had the right to a jury trial under the U.S. Constitution. After being charged with and several sex crimes, the defendant asked for a jury trial so that he could get a fair hearing before potentially being found guilty, and thus being found deportable back to his country of origin. Because the court of appeals disagreed with the defendant’s main argument, it ultimately denied the appeal. Facts of the Case According to the opinion, an undercover police officer was standing on a train platform in June 2015 when h ..read more

In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in November 2016, after he went through a jury trial based on his charges and received an unfavorable verdict. He was sentenced to time in prison, but he successfully appealed the decision. Facts of the Case According to the opinion, the defendant sexually abused several children below the age of 13 at his residence in New York. The year before he was charged, the defendant watched the children various times ..read more