The defendant has been convicted of criminal sale of a controlled substance (drug possession) in the first degree (Penal Law, § 220.43) for allegedly selling a pound and a half of heroin to two undercover police officers in Manhattan. At the trial the defendant denied selling the drugs and testified…
The People of the State of New York are the respondents and Zachary R. Gibian is the appellant in this case being held in the Supreme Court of the State of New York, Appellate Division, Second Judicial Department. The defendant is appealing a judgment made by the Supreme Court of…
Defendant Riley M. was arrested and charged with criminal possession of a controlled substance in the seventh degree (drug possession) (Penal Law sec. 220.03), criminally using drug paraphernalia in the second degree (Penal Law sec. 220.50), loitering in the first degree (Penal Law sec. 240.36), resisting arrest (Penal Law sec.…
An undercover police officer posed as a buyer of cocaine which was clandestinely sold at a fast food joint. The undercover police officer was able to buy six small bags of cocaine on six separate occasions. With the cocaine bought from the fast food joint, the police officers had probable…
An undercover police officer went to buy drugs. He stayed at a street corner waiting for someone to approach him. The accused approached the police officer and they talked for a while. The accused asked the police officer if he was looking to score some crack. The police officer said…
Plaintiff commenced this action seeking damages for false arrest, false imprisonment and malicious prosecution, based upon his arrest for assault which later became a murder charge for acts allegedly committed. Plaintiff was incarcerated for 333 days. The charges remained pending for nearly 8 more months after plaintiff was released from…
The two accused men, charged with the crimes of Criminal Sale of a Dangerous Drug and Conspiracy, move to dismiss the indictment on the grounds that the prosecution puts them in jeopardy again for crimes of which they already have been convicted in another jurisdiction. They contend, in short, that…
The Facts: Sometime in 1977, defendant-one was indicted for the crime of Rape in the Third Degree, a criminal law violation; that defendant, over twenty-one years of age, engaged in a sexual intercourse with a female less than seventeen years of age. A New York Criminal Lawyer said that sometime…
The Facts: Defendant, who was then 24 years old, had known the complaining witness, then 20 years old, for several years. Allegedly, on 24 April 1976, at the complaining witness’s home, following a visit with the complainant’s family and defendant’s mother, defendant told the complainant that he wanted to have…
The couple was married in December 1989 and had always resided in New York during their marriage and their only child was born in July 1990. The parties resided in the City of Glens Falls. The husband was employed by an architectural firm and the wife remained at home to…