In October 1993, a lawyer, a member of the New York Bar was arrested at 9pm on a street corner in the Bronx. He was arrested and charged with criminal crack cocaine possession. In June 1998, the same lawyer was apprehended by police officers at a street corner after he…
Articles Posted in New York
Court Decides Jurisdiction in Drug Crime Case
In this criminal case, the location of the premises where the alleged drug crime transactions took place is 151 West 228th Street. At the Grand Jury presentation the Assistant District Attorney elicited testimony from the undercover police officers who participated in the sales of drugs and in the arrests of…
Defendant Brings Motion to Surppress Motion for Incriminating Statements
Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting in Brooklyn. One man was shot to death and another was wounded. Thereafter, the Defendant was arrested for a drug crime in Manhattan where he was represented by counsel for…
Claimant Claims She was Incarcerated too Long
The claimant who is now 54 years old, has a long history of drug abuse and a lengthy criminal history, consisting primarily of drug crime offenses. Lapidus dropped out of school in the seventh or eighth grade because she was having problems at home, and began using speed and heroin…
Defendant Moves to Suppress Physical Evidence
An undercover policeman, equipped with a hidden transmitter, entered a social club and, for fifty dollars, purchased cocaine from a man in the front room. He left the club and radioed his backup team. Because the transmission was garbled, they understood only that he had made a buy. The sergeant…
Defendant Contends Court in Violation of 5th Amendment
The facts of these “buy-and-bust” cases are straightforward. In this case, an undercover narcotics officer approached a man entering a store in Manhattan and asked where he could purchase drugs. Without answering, a the man walked over to defendant, asked him if he had “anything” and told him that the…
Petitioner Requests a Recalculation of his Sentence
In 1996, after a jury trial, petitioner was convicted of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. He was sentenced to concurrent indeterminate terms of 7½ to 15 years on each charge. In 1997, petitioner was…
Defendant Claims his Right to a Speedy Trial was Denied
The defendant was convicted after trial of criminally selling a dangerous drug in the third degree and cocaine possession in the fourth degree (drug possession). He had been indicted on June 14, 1971 and his case was moved for trial fifteen months later, on September 11, 1972. In the interim…
Defendant Questions Sufficiency of Evidence
An undercover police officer went to buy drugs. He stayed at a street corner waiting for someone to approach him. The accused approached the police officer and they talked for a while. The accused asked the police officer if he was looking to score some crack. The police officer said…
Court Decides if Defendant Should Receive an Enhanced Sentence
This involves a drug crime case where the Court denied the People’s appeal to consider a defendant’s perjury at trial in enhancing his service of sentence. Defendant was convicted after a jury trial, at which he testified, of Criminal Sale of a Controlled Substance in the Third Degree and Criminal…