People v. P 2018 NY Slip Op 05960 August 30, 2018 Order The order which was entered on 11/30/11 denied the defendant’s motion pursuant to CPL 440.10 to vacate judgment. The defendant plead guilty to attempted criminal sale of a controlled substance in the 3d degree. During the time of…
Articles Posted in Drug Possesion
Court Disagrees on Criminal Possession of a Weapon Charge
People v. B 2018 NY Slip Op 04032 June 7, 2018 The defendant was charged with possession of a switchblade knife and charged with criminal possession of a weapon in the 4th. A switchblade knife is defined by Penal Law 265.00(4), which states it is a knife where it opens…
NYPD Lab Technician Suspended
NY Post: NYPD Lab Technician Suspended for Potential Improper Testing of Drugs in NY Criminal Cases Under New York law, the substances that are “controlled” are listed in New York Public Health Law Article 33. So if a substance is on that list, it is a “controlled substance.” All of…
DA Announces Bust of East End Heroin Ring
No Pre-Summer Party in the Hamptons: DA Announces Bust of East End Heroin Ring Drug dealing or drug sales charges are criminal charges for the sale or attempted sale of any type of illegal controlled substance, such as marijuana, cocaine, heroin, or meth. State laws sometimes refer to drug selling…
What Constitutes a Possession of Illegal Drugs Charge?
Possession or distribution of illegal drugs is considered a crime under federal and state laws which can result in criminal prosecution. The manufacturing of illegal drugs is considered a felony. The consequences of a conviction can include hefty fines and prison time. In addition, those who help to produce any…
The prosecution’s intention to utilize the statements and identifications was unambiguously communicated to the defendant throughout the controlling time period, and was never withdrawn
The prosecution’s intention to utilize the statements and identifications was unambiguously communicated to the defendant throughout the controlling time period, and was never withdrawn. To the extent that the formal notice portions of the VDF lacked certain talismanic details, the Court declined to read them in isolation. The information contained…
Family Court Act § 311.2(3)
A Queens Drug Crime Lawyer said that, the appellant was arrested on July 13, 1989, in Jamaica, Queens. A petition filed the following day in Family Court, Queens County, alleged that he had committed acts that if engaged in by an adult would constitute criminal possession of a controlled substance…
Marijuana in the Fifth Degree (P.L. § 221.10(1))
Here, the marijuana allegedly open to public view is not recovered and thus the sole allegation that the exchanged item was marijuana is conclusory. The deponent officer gives no description of the allegedly exchanged marijuana to support his conclusion. Further, it appears that the factual allegations regarding his conclusions based…
New York State Department of Corrections
In this case, defendant man was indicted for two counts of Criminal Sale of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, two counts of…
People v Scott, 63 NY2d 518 [1984]
At about 1:00 a.m. on 2 September 2007, defendant ND’s vehicle was stopped at a New York State Police sobriety checkpoint on Fluvanna Avenue in the City of Jamestown. For allegedly displaying certain outward indicia of intoxication and failing four out of five field sobriety tests, defendant was asked to…