This case concerns fortunately rare and inexplicable police misconduct. The case involved is a reprehensible police action including violence and deception, culminating in the further deceitful luring of a Pennsylvania resident into New York solely to make a sale of cocaine, for which he was convicted and sentenced to 15…
The indictment charges against defendant with others with various degrees of possession of a dangerous drug are as follows: Count 1: 1st degree–possession of 16 ounces and more of heroin; Count 2: 4th degree–possession of a narcotic drug (heroin) with intent to sell; and Count 3: 6th degree–possession of a…
The defendant, a graduate student and teacher was convicted by the court without a jury. The conviction was of criminal sale of a controlled substance in the first degree, a class A felony and was sentenced to a minimum period of imprisonment of 15 years to life. It is not…
A man was tried without a jury on the charge of criminally selling a dangerous drug in the third degree. But, he moved for a dismissal of the charge for failure of proof. The man contends that the state was failed to call as a witness the police officer who…
The petitioner is the president of the Patrolmen’s Benevolent Association (PBA) and in behalf of its membership seeks an order permanently enjoining the respondents, City Police Department, Police Commissioner, and the City. The Respondent Department issued an Interim Order which in effect provides that applicants to and current members of…
A man was convicted of drug crime and subsequently given an undefined sentence of imprisonment with a term of two to six years. The complainant asserts that the man engaged in the sale of $350 of cocaine to an undercover police officer on two occasions. Afterward, cocaine and drug paraphernalia…
This action concerns a young woman who at an early age became addicted to drugs. In 2005 when she was 18, she became a patient of the accused orthopedist and employee of orthopedic rehabilitation center for treatment of lower back pain and, a month later, for left ankle pain. From…
In this Drug crime, defendant appeals from the denial of his CPL 440.20 motion to set aside the sentence imposed upon his adjudication as a second felony drug offender based on a 2001 conviction. Under Penal Law § 70.06(1)(b)(ii), it is the sentence date that determines whether a crime constitutes…
In this drug crime, defendant was arrested and charged with the following crimes and violations to wit: (1) criminal possession of a controlled substance in violation of Penal Law Sec. 220.09, a Class “C” felony; (2) criminal use of drug paraphernalia, second degree in violation of Penal Law Sec. 220.50,…
In this drug crime case, defendant brought on a motion for re-sentence as a first, rather than as a second, felony offender with respect to a judgment of a Court, convicting him, on his own plea of guilty to the crime of Attempted Grand Larceny in the Second Degree, and…