This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana. Case Background The principal of the school was notified by a teacher that a student had told her that the appellant, who…
Articles Posted in Manhattan
Defendant Argues Constructive Possession Charge
The defendant is appealing a verdict of guilty to possession of cocaine and possession of marijuana in the amount of less than 20 grams. The defendant was sentenced to 22 months in prison on the cocaine charge and for a year in the county jail on the marijuana charge. She…
Defendant Claims Drugs Weren’t His
A New York Criminal Lawyer said the defendant is appealing two orders that were made by the County Circuit Court. The first order that is being appealed denied his motion for post-conviction relief. The second order revoked his probation and imposed a prison sentence. The defendant raises three main points…
Court Reverses Grand Larceny Indictment
In this proceeding, an intermediate order denying a motion to dismiss an indictment will have a review from the Supreme Court. A New York Criminal Lawyer said it appears from evidence presented that a bank, a trust company and another corporation executed a statement of trust receipt financing. At the…
Defendant Pleads Guilty to Grand Larceny Charges
A man was charged with grand larceny for having taken a car from its owner. A New York Criminal Lawyer said the car was valued at $500. The indictment stated that the man intended to deprive the owner of the car the use and benefit of the car. And when…
Police Officer Hurt in Domestic Violence Call
First Case: Sometime in March 1998, petitioner who is a police officer since 1989 was suffering from depression and suicidal ideation and was admitted to a psychiatric hospital. A New York Criminal Lawyer said the petitioner was out of work for several months after which time she returned to light-duty…
Court Determines Insufficient Evidence Against Defendant in Drug Possession Case
Case Background Local police officers executed a search warrant at a home and when they did they found the appellant along with two other young men inside the home. A New York Criminal Lawyer said the appellant was detained in the living room with the other two men while the…
Court Discusses Constructive Possession in Drug Case
The defendant in this case is appealing an order that revoked his community control and resulted in a five year prison sentence. The defendant argues that the state did not establish that he had constructive possession of marijuana that was found in a car that he was a passenger in.…
Defendants Charged with Fraud By False Promise
In this criminal case, in 1986 although the installation of individual water meters was required in commercial and industrial buildings, 630,000 one and two family homes were unmetered and billed for water on an arcane basis unrelated to usage and predicated on property frontage. The City decided to meter these…
Defendant Claims Double Jeopardy for Drug Charges
A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on an allegation returned against him by the grand jury. A New York Criminal Lawyer said the indictment charges the complainant and another man with various degrees…