The appellant in this case was convicted for possession and use of a gun. This conviction was based on a statement from a witness that the defendant possessed an identical gun that he typically kept in his home in another state. Case Background The defendant was arrested in March of…
Articles Posted in Bronx
Defendant Appeals Sentence for Conspiracy to Possess and Distribute Marijuana
A New York Criminal Lawyer said the defendant is appealing his 168 month sentence for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana. He argues that the district court made a mistake when they applied a two level enhancement for firearm possession because there was…
Court Discusses Drunkeness by Drug Charge
The main issue in this case is whether or not the evidence is sufficient to show marijuana possession by the defendant. The defendant has been found guilty on the charge of possession of marijuana in court without a jury. Case Background The testimony from the case shows that the defendant…
Immigration Issues Complicate a Drug Possession Charge
The defendant in this case is 39 and a citizen of Italy. He is currently living in Florida. The United States Immigration and Naturalization Service has moved to have him deported to Italy on the ground that he has overstayed his six month visa that was granted to him when…
Defendant Appeals Sentence of Intent to Distribute Marijuana
The defendant is appealing the 97 month sentence that has been opposed upon him for his guilty plea to the charges of conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana (marijuana possession). Case Background The defendant agreed that he participated in a…
Drug Crime Defendant Moves for Acquittal for Failure to Prove Possession
The appellant in this case was charged on several drug related charges including possession of cocaine and heroin, possession of cocaine, marijuana, and heroin possession, with the intent to sell, two counts of attempted first degree murder, and displaying a firearm during the commission of a felony. A New York…
Defendant Contends Court Has Insufficient Evidence to Sustain a Drug Conviction
The appellant in this case is seeking to have his conviction reversed. He was convicted of possession of marijuana. A New York Criminal Lawyer said the question before the court is whether or not the evidence in the case is enough to sustain the conviction. Case Background At the time…
Court Weighs Plaintiffs Injuries Against Applicable Insurance Law
A motion by the accused woman for an order awarding her summary judgment dismissing the claims of the complainant that she did not sustain a serious injury within the meaning of Insurance Law is granted. A cross-motion by the complainant husband for an order awarding him summary judgment dismissing the…
Court Weights Constitutionality of Sentencing for a Felony in the Third Degree
The Florida state filed an appeal placing in issue the constitutionality of the provisions of law pertaining to the inclusion of prior convictions in the charging information. This was due to the ruling of the circuit court, wherein the appellees who were charged and found guilty of petit larceny and…
Court Discusses Act of Depraved Indifference in Murder Trial
On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…