A man entered a home in Dade County, Florida. He did this in the middle of the night without the knowledge and consent of the two people who lived in the premises, a brother and a sister. The man ransacked the house and took away with him a color television…
The Facts of the Case: A New York Criminal Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request…
The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a weapon and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…
The appellants in this case were indicted for a number of violations of the Comprehensive Drug Abuse Prevention and Control Act. A jury trial was held in the matter and the defendatns were all convicted of possession of marijuana with the intent to distribute. The defendants raise several issues on…
On September 25, 2003, the Associate Village Justice of this Court signed a search warrant directed to “any police officer of the County of Nassau.” A New York Criminal Lawyer said the search warrant provided: “Proof, by affidavit, having been this day made before me by Senior Building Inspector, Village…
On February 20, 1999, respondent Police Commissioner announced that the City would apply the Property Clerk Forfeiture Law (Administrative Code of City of NY § 14-140) to vehicles operated by individuals arrested for driving while intoxicated (DWI). At 10:30 P.M. on February 21, 1999, police stopped and arrested petitioner for…
The appellants in this case were convicted in a nonjury trial for possession of 230 pounds of marijuana with intent to distribute. The marijuana was found in a locked trunk of a car that had been rented and driven by one of the defendants (marijuana possession). Another defendant was a…
The appellant in this case was charged by information with possession of over five grams of marijuana (marijuana possession). He filed a sworn motion to have the reciting dismissed. The motion in part stated that he lived in the home with his wife and children and that while the search…
The appellant along with a co-defendant were charged with felony possession of marijuana, cocaine possession, possession of a drug implement, and possession of methaqualone. The appellant was denied the motion to suppress certain physical evidence. The appellant was tried alone. The trial resulted in a hung jury mistrial. A New…
Case Facts An informant contacted agents of the Drug Enforcement Administration and informed them that there were large transactions of large quantities of illegal drugs being made in the area. The informant then helped the Drug Enforcement Administration create a reverse sting operation. In the operation DEA officers poses as…