Legal Question in Criminal Law in New York

one was convicted of 2 counts grand larcency and subsequent writing of a false instrument - not claiming income frome sale of stolen goods on one of the counts. highly contend the search and seizure was illegal on many fronts - warrant was too vague, officers took whole truck load of goods not related, and ultimately took items and held them in basement of accuser. No receipt was given of goods taken. Took plea as lawyer only wanted to cooperate. Wanting to appeal. Question - if search and seizure proves illegal, can the search of bank records that showed the sale of goods (2nd count of grand larceny added) and lastly the tax piece be considered fruits of the poisonous tree?


Asked on 12/12/12, 5:36 pm

1 Answer from Attorneys
Arkady Bukh Bukh Law Firm, P.C.

If you have been convicted, you need to know right away that there is time limit for an appeal and that is 30 days. If you feel the search was bad and your representation was inadequate, those can be grounds for appeal. It is hard to say from the facts given, although you should find another attorney right away, so that the appeal time won't toll on you.

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Answered on 12/12/12, 8:34 pm


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