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Articles Posted in Criminal Procedure

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Defendants Contend Possession of Firearms Charge

Case Contentions A New York Criminal Lawyer said two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. One of the defendants was sentenced…

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Defendant Charged with Drug Possession in Reverse Sting Operation

Case Contentions Two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. A New York Criminal Lawyer said one of the defendants was sentenced…

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Defendant Claims There was Insufficient Evidence for Grand Jury Indictment

The Facts of the Case: On 6 November 1992, at approximately 3:13 a.m., two (2) Department of Public Safety Officers at a University observed defendant carrying a dormitory lounge chair on his head as he crossed a bridge on the campus. A New York Criminal Lawyer said that upon being…

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Court Discusses Excessive Fines Clause in DUI Case

On February 20, 1999, respondent Police Commissioner announced that the City would apply the Property Clerk Forfeiture Law (Administrative Code of City of NY § 14-140) to vehicles operated by individuals arrested for driving while intoxicated (DWI). At 10:30 P.M. on February 21, 1999, police stopped and arrested petitioner for…

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Court Decides Legality of DUI Checkpoint

Police officers were given instructions by their sergeant to set up a DWI checkpoint on June 10, 1993 at the corner of 20th Street and Avenue C in Manhattan. At that checkpoint, all passing cars were stopped by the police officer manning the checkpoint. Depending on his observations of the…

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Assault Charges Arise from Terrible Taxi Accident

Defendant is charged with one count of Criminally Negligent Homicide, three counts of Assault in the Second Degree and two counts of Offering a False Instrument for Filing in the First Degree. The charges arise from an accident in a taxicab driven by the Defendant on West Street in the…

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Defendants Contend they Were Never in Possession of Drugs

This is a joint appeal case by two defendants for their respective adjudications and sentences that were imposed when a jury found them guilty of unlawful possession of marijuana. The defendants concede that the evidence shows that they attempted possession, but they argue on appeal that they never had actual…

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Technically, Defendant was Arrested Before Illegal Sale of Marijuana

This is a direct criminal appeal from the defendant who is seeking a review of his convictions for purchase of marijuana or possession of marijuana with the intent to purchase it and for attempted possession of more than 20 grams of marijuana. There are four issues in the case being…

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Court Rules Closed Containers Cannot Be Searched Without a Warrant

This case involves an appeal from convictions of possession of marijuana. The defendant challenges that the trial court’s failure to suppress the marijuana. The other defendant challenges the sufficiency of evidence in the case. Case Background A New York Criminal Lawyer said the local police officer was monitoring a parking…

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