This case involves the People of the State of New York against three defendants. The case is being heard in the Criminal Term of the Supreme Court, Suffolk County Part II. The defendants in the case, they have been charged with one count of criminal possession of a controlled substance…
Articles Posted in New York
Court Dismisses Indictment Against Defendant
This case is being heard in the Supreme Court, Appellate Division, Second Department. The case deals with an appeal being made by O. B. The respondent of the case is the People of the State of New York. The defendant is appealing a verdict from a judgment made by the…
Defendant Appeals Based on Lack of Territorial Jurisdiction
On this proceeding, the state presented evidence about a pharmacologist who was a member of a conspiracy to procure heroin. The pharmacologist and his accomplices were guilty of attempted criminal possession of a controlled substance based on a series of events that commenced in the state. Even if the jury…
Court Discusses Possession with Intent to Distribute 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. The former was unaware that the latter was a confidential informant for the Drug Enforcement Administration (DEA). A New York Criminal…
Court Rules on Heroin Possession Charges
In this drug offense case, defendant was found in his apartment with 6¼ grams of heroin about twenty to thirty minutes after a package containing 13 grams of heroin was delivered by mail to his apartment. Customs and postal inspectors had discovered the heroin in the package when it had…
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…
Plaintiff Claims Malicious Prosecution
In her complaint the appellant averred that she was maliciously prosecuted when the appellees, acting in concert, caused her arrest and induced the County Solicitor of Dade County to file information in which she was charged with grand larceny, a charge the appellees knew was false. A New York Drug…
Court Decides if 3 Petit Larceny Convictions Amounts to a Felony
In this case, the Appellant sought review of the sentences imposed based upon inaccurate sentencing guidelines scoresheet, and a written probation order that included a condition which was not pronounced orally at the sentencing hearing. The court reversed the sentence imposed and remanded the case for resentencing. A New York…
Court Discusses Impeachment with Evidence of Prior Conviction
This case is about an appellant who was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). Appellant argued that the evidence presented by the prosecution was insufficient to support his conviction. Although the sufficiency of the proof presented a close question, after…
Court Discusses Elements of Petit Theft
This case is about an appeal filed by a juvenile from an adjudication of delinquency for robbery and a subsequent commitment to the Florida Department of Health and Rehabilitative Services. A New York Criminal Lawyer said the central question presented for review is whether the state established a prima facie…