New York – White-Collar Criminal Law

June 30, 2022 by Duane Morris

Key Questions for New York and New Jersey Businesses Following the U.S. Supreme Court’s Gun Decision

On June 23, 2022, the Supreme Court of the United States recognized a constitutional right for citizens to carry a firearm outside the home for self-defense. The opinion invalidates the licensing regimes for carry permits in California, Hawaii, Maryland, Massachusetts, New Jersey, New York and the District of Columbia. Although New York and New Jersey each allow for licenses to carry, they were previously limited to those who could show some extraordinary need, and therefore not available to the average citizen. In New York Rifle & Pistol Assn. v. Bruen, the Supreme Court held that such restrictions are unconstitutional and that law-abiding citizens have a right to carry a gun for self-defense purposes.

This means that, for the first time since the early and mid-20th century, respectively, residents of New York and New Jersey will be permitted to carry firearms in public.

To read the full text of this Duane Morris Alert, please visit the firm website.

June 27, 2022 by Duane Morris

United States Supreme Court Recognizes a Constitutional Right to Carry Firearms for Self-Defense

On June 23, 2022, the Supreme Court of the United States struck down New York’s restrictive concealed carry licensing regime as unconstitutional under the Second Amendment, invalidating licensing regimes in an additional six jurisdictions. In so doing, the Court rejected the long-standing practice of balancing the text and history of the Second Amendment with governmental interest, known as “means-end” scrutiny.

To read the full text of this Duane Morris Alert, please visit the firm website.

June 19, 2020June 29, 2020 by Nicolette J. Zulli

Scaling the (Geo)Fence: New York Lawmakers Push to Outlaw Geofence Warrants amid Ongoing National Debate for Police Reform

In the wake of national protests against police brutality surrounding the death of George Floyd, and ongoing national debate for police reform, New York lawmakers have seized the opportunity to take a stand against law enforcement’s use of a controversial surveillance technique, known as the geofence warrant, or “reverse location search.” Continue reading “Scaling the (Geo)Fence: New York Lawmakers Push to Outlaw Geofence Warrants amid Ongoing National Debate for Police Reform”

January 29, 2020July 21, 2020 by Duane Morris

Second Circuit Decision in NY Assembly Speaker’s Bribery Conviction Reversal Opens Possible Loophole

Sheldon Silver, former speaker of the New York State Assembly, was convicted of a number of political corruption crimes in 2015, namely accepting bribes in exchange for favorable “official acts” that benefited some bribe payors. He appealed his conviction to the Second Circuit on two grounds: first, that the trial court erred by failing to require that the prosecution establish that he and the bribe payor had a “meeting of the minds” on the specific official act to be performed in exchange for the bribes; and second, that the trial court erred by allowing the prosecution to proceed on a theory that allowed conviction based on a “nonspecific promise to undertake official action on any future matter beneficial to the payor.” (Emphasis added.)

On January 21, 2020, the United States Court of Appeals for the Second Circuit partially reversed Silver’s conviction and remanded the case for resentencing. The court’s logic and findings are significant and merit close attention.

View the full Alert on the Duane Morris LLP website.