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Is Self-Defense a Justification in New York?

Is Self-Defense a Justification in New York?

New York law permits the use of self-defense, also referred to as “justification,” in limited situations. Notably, it is a defense that may be asserted in specific cases where the defendant’s use of physical force would otherwise constitute a criminal act. Cases...

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New York State Seeks to Implement Cannabis DWI Test

New York State Seeks to Implement Cannabis DWI Test

With the legalization of recreational marijuana in New York State, the New York State Department of Health is examining methodologies that can be used to detect cannabis-impaired driving. Unlike the technologies that can determine a person’s blood alcohol content in...

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Understanding New York’s Bail Reform Laws

Understanding New York’s Bail Reform Laws

New York’s controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. The law, which was passed in 2019, has had a sweeping impact on the state’s criminal justice system over the last three years....

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Understanding the New Concealed Carry Laws 

Understanding the New Concealed Carry Laws 

On September 1, 2022, a new concealed carry law went into effect in New York following the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. Holding that New York’s “proper cause” requirement violated the Second Amendment,...

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Use of Chemical Tests in New York DWI Cases

Use of Chemical Tests in New York DWI Cases

Chemical tests play a major role in DWI cases. Critically, there are typically three tests used in New York DWI cases to determine an individual’s blood alcohol content: blood tests, breath tests, and urine tests. While portable breath tests are commonly administered...

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What’s the Difference Between a DWI and a DWAI?

What’s the Difference Between a DWI and a DWAI?

Drinking and driving is a serious matter that can result in severe consequences. However, not every alcohol-related driving offense is charged as a DWI. Driving While Ability Impaired (DWAI) is a lesser charge that can be brought by prosecutors in some cases. Although...

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