The defendant’s convictions arose from a series of drug transactions which began when a certain person contacted another person and informed the latter that he had heroin for sale. A New York Criminal Lawyer said the former was unaware that the latter was a confidential informant for the Drug Enforcement…
Articles Posted in Criminal Procedure
Defendant Claims He was Denied a Right to a Speedy Trial
In this drug offense, petitioner was a 21 year old heroin addict. On September 18th, two agents of the Sheriff’s Department of Louisiana, accompanied by a paid informant, and encountered petitioner. Aware of petitioner’s addiction, they asked him whether he had any heroin. He answered that he did not but…
Court Discusses Blockburger Test for Theft Case
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Defendant Claims he was Denied a Right to a Speedy Trial
On February 1986, there was a gathering of people in the apartment of a woman. The woman requested a man to bring to that event several glassine bags of a white powdery substance which the state asserts was heroin (heroin possession). At some time during the course of the evening…
Court Discusses Mental Hygiene Law
The complainant brought this action to recover damages for injuries he claims to have suffered as a result of being knocked down as he attempted to board a bus operated by the accused. At the time of jury selection, the complainant moved to preclude the accused from offering evidence of…
Contractor Charged with Grand Larceny
A job contractor entered into a contract with an elderly homeowner for minor repairs to his house. When the minor repairs were finished, the job contractor asked the man to sign a receipt. A New York Criminal Lawyer said the homeowner was functionally literate, that is he can only read…
Court Discusses Larceny Charges
A man went to a house in a residential neighborhood. It was eleven thirty in the evening and all the three residents of the house were fast asleep. The man went up the roof and was preparing to enter the house through a bedroom with an open screened window. A…
Court Discusses the Elements of Burglary
Sometime on July 14, 1995 at 11:30 pm two police officers were in a police cruiser and they were parked with the headlights turned off. They were observing two men outside an auto mechanic’s garage which was already closed for the night. A New York Criminal Lawyer said the two…
Defendant Claims Insufficient Evidence for Drug Charges
The defendant’s convictions arose from a series of drug transactions which began when a certain person contacted another person and informed the latter that he had heroin for sale. A New York Criminal Lawyer said the former was unaware that the latter was a confidential informant for the Drug Enforcement…
Court Discusses Mental Hygiene Law
The accused husband and wife were charged with a violation of the Penal Law. They were arraigned and each pleaded not guilty. A New York Criminal Lawyer said on the same date the charge was amended to attempted petit larceny. The husband and his wife changed their pleas to guilty…