The defendant contested that the admission of evidence of his prior drug activity was error. The defendant was arrested after he allegedly sold two packets of heroin to an undercover police officer in August 1990. Upon his arrest, 10 additional packets of heroin were found on his person. The prosecution…
Articles Posted in Drug Possesion
The court concludes that it is without authority to impose any sentence
A man stands convicted from criminal possession of a controlled substance in the first degree, a class A-I felony. In that, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing a narcotic drug, namely, cocaine, and said preparations, compounds, mixtures or substances were of an…
There is an element of fortuitousness here
This is a motion by the complainants to reargue a prior decision of the County Court suppressing evidence. The complainants contend that the Court of Appeals compels the conclusion that, contrary to the prior holding of the County Court, none of the three named defendants had standing to contest the…
Both defendants moved to exclude any evidence of prior convictions of the defendants
In a criminal case, the chief point urged on appeal by defendant is that the court had previously accepted a plea of guilty to the lesser crime of attempted criminal possession of a dangerous drug in the fourth degree, a Class E felony, to cover the entire indictment; that thereafter,…
The harmful value of the said evidence outweighed its probative value
One day, a man reached into a brown paper bag, removed a vial of crack cocaine and handed it to an undercover police officer. A few minutes later, the man was arrested and the bag was seized. Based on records, the man’s action was clearly a criminal sale. So, the…
The Court found no error in the charge
In a Drug Crime, defendant appealed from a judgment of the Supreme Court, Kings County, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. A Kings County Criminal attorney said that the defendant contends that the People failed to…
It is clear that an overt act in furtherance of the conspiracy took place in New York.
A working student called someone in Florida with the hope of using $50,000 in his possession to become involved in the sale of a drug. Even if the negotiations were carried on through at least two telephone conversations and the student’s two trips to Florida in order to meet the…
The ground or issue raised upon the motion was previously determined on the merits
In this Criminal case, a Pro Se motion was filed by defendant, an inmate at the Correctional Facility, moves pursuant to CPL § 440.10(h) to vacate his judgment of conviction, following a jury trial, convicting him of Criminal Sale of a Controlled Substance in the Third Degree and Criminal Possession…
A plea agreement was made and entered into by the defendant
On 14 February 1990 at approximately 6:15 p.m., criminal defendant and another individual acting together, was observed by a police officer selling crack coccaine to three persons. The three buyers were seen talking to the defendant and his partner and each gave a sum of money to defendant’s partner, whereupon…
The defendant raised two constitutional challenges to the sentence statute
In this cocaine related case, defendant appeals from a judgment of the Supreme Court, Suffolk County, convicting her of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence of two concurrent…