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Articles Posted in Criminal Procedure

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Defendant Charged with Intent to Distribute 100 Kilograms of Marijuana

The defendant is appealing his conviction of possession with the intent to distribute over 100 kilograms of marijuana. Border Patrol agents found the marijuana in his tractor trailer while at a border checkpoint. The defendant argues on appeal that his counsel was ineffective as they failed to request a Pennington…

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Defendants Charged with Bribery and Participating in Drug Smuggling Ring

A New York Criminal Lawyer said the case before the court involves 10 appellants that have each been charged and convicted under different counts of a seven count indictment. The common thread between the appellants is that they have each been associated with participating in a bribery and drug smuggling…

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Court Decides Constructive Possession in Marijuana Case

The appellant in this case was a passenger in a car where marijuana was found. He is appealing his juvenile adjudication on the two counts of possession of contraband on the ground that the evidence did not support a finding of constructive possession. Case Background The majority of the case…

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Court Discusses Leandra’s Law

The Facts of the Case: On 18 November 2009, the State enacted Leandra’s Law, roughly one month after the DWI death of an 11-year-old in New York City. It demands, inter alia, that all first-time, misdemeanor DWI offenders install ignition interlock devices in every automobile they own or operate for…

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Defendant Claims Insufficient Evidence for an Indictment

A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal…

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Court Discusses Constructive Possession in Drug Case

The defendant in this case was found guilty of possession of more than 20 grams of marijuana and possession of drug paraphernalia. A New York Criminal Lawyer said that on appeal, the defendant contends that the trial court erred in denying her motion for dismissal for the paraphernalia offense and…

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Defendant Questions Validity of Breathalyzer Test

On September 15, 1983, a DWI roadblock, indicated by signs, was set up by a uniformed police unit at the westbound 181st Street Bridge. All vehicles proceeding through the roadblock were stopped. Each driver was then approached and asked how they felt. The vehicle operated by the defendant was driven…

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Court Discusses Legal Doctrine of Collateral Estoppel

Respondent was admitted to the practice of law in the State of New York by the First Judicial Department on January 18, 1982. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. A Bronx DWI Lawyer said that,…

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Defendants Claim Faulty Search Warrant

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…

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Defendant Contends Breathalyzer Test was Impropr

On May 6, 1995 at approximately 1:30 AM, a police officer was assigned to a so called DWI checkpoint in Queens County. A New York Criminal Lawyer said that pursuant to the procedures established for this checkpoint, every vehicle was stopped and every driver was asked if he or she…

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