http://www.newyorkcriminaldefenselawyerblog.com/ en-us 2008-04-24T10:13:08-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/04/self_defense_in_new_york_2.html Self defense is a justification defense in New York. PL §35.00 If a justification defense is raised by defense counsel, the defendant does not have the burden to prove at trial that their actions were justified.PL § 25.00 Instead, the... New York Criminal Defenses George P. Conway 2008-04-24T10:13:08-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/04/mistrials_in_new_york_criminal.html A New York criminal court judge must declare a mistrial and order a new trial upon a motion by the defense if an error or legal defect occurs in the proceedings during the trial that is prejudicial to the defendant... New York Criminal Process George P. Conway 2008-04-03T14:45:12-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/03/decisions_of_interest_in_new_y_1.html In People v. Azim Hall [Slip Op. No. 2] the New York Court of Appeals in a split decision ruled that the police may perform a visual inspection of an arrestee’s body cavity based upon reasonable suspicion that the arrestee... Recent Decisions In New York Criminal Cases George P. Conway 2008-03-31T12:31:22-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/03/graffiti_crimes_in_new_york.html Graffiti is the etching, painting, covering, drawing upon or otherwise placing a mark upon public or private property with the conscious objective or purpose of damaging such property. [PL §§ 145.60(1) and 15.05(1)] A person commits the crime of making... New York Crimes George P. Conway 2008-03-19T17:00:23-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/03/gang_assault_in_the_second_deg_1.html A person commits the crime of gang assault in the second degree in New York if he or she: (1) intends on causing another person physical injury; (2) causes that person or a third person serious physical injury ; and... New York Crimes George P. Conway 2008-03-17T13:35:48-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/03/patronizing_a_prostitute_offen.html It is a crime in New York to patronize a prostitute. A person patronizes a prostitute in New York if he or she pays pursuant to a prior agreement a fee for having had sex with with another person. [PL§... New York Crimes George P. Conway 2008-03-12T10:57:14-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/03/criminal_possession_of_a_weapo_1.html In New York, a prosecutor must prove three things beyond a reasonable doubt to convict a person of criminal possession of weapon in the fourth degree for having possessed a firearm: 1.The person possessed a firearm, 2.The person did so... New York Crimes George P. Conway 2008-03-10T12:42:45-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/02/decisions_of_interest_february.html People v. Lewis [2008 NY Slip Op 100200] The Appellate Division Third Department announced that it will no longer follow the line of cases holding that a defendant’s challenge to the validity of a waiver of appeal is unpreserved for... Recent Decisions In New York Criminal Cases George P. Conway 2008-02-28T12:56:38-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/02/presentence_reports_in_new_yor.html The purpose of a pre-sentence report is to assist the court in determining an appropriate sentence for a person convicted of a crime. It is prepared by the probation department between the time the defendant is convicted and the time... New York Criminal Process George P. Conway 2008-02-25T21:43:28-05:00 http://www.newyorkcriminaldefenselawyerblog.com/2008/02/burglary_in_new_york_1.html There are three categories of burglary in New York: third degree burglary, second degree burglary and first degree burglary. A person commits burglary in the third degree if he knowingly enters or remains unlawfully in a building with the intent... New York Crimes George P. Conway 2008-02-18T21:17:14-05:00