Petitioner is an inmate at a correctional facility at Franklin County. He filed the petition for a Writ of Habeas Corpus to question his imprisonment under the custody of the New York correctional services wherein the accused asserted the limitations and conditions set for his particular residence amounted to question…
Articles Posted in Drug Possesion
Court Discusses Alleged Heroin Conspiracy
A Georgia Intent to Distribute Lawyer said that, the defendant appeals his conviction after trial to a jury for conspiring to possess cocaine (drug possession) with intent to distribute it, in violation of 21 U.S.C.A. § 846, and to distribute it, in violation of 21 U.S.C.A. § 841(a)(1). This court…
Defendant Uses “Agency Defense” in Heroin Possession Charges
The defendant has been convicted of criminal sale of a controlled substance (drug possession) in the first degree (Penal Law, § 220.43) for allegedly selling a pound and a half of heroin to two undercover police officers in Manhattan. At the trial the defendant denied selling the drugs and testified…
Court Discusses Drug Crime of Facilitation
A New York Criminal Lawyer said that, defendant L. is charged with facilitating a felony with respect to a “buy and bust” operation, in that, as reflected in the indictment “the defendant L. believing it was probable that he was rendering aid to T.P., a person who intended to commit…
Court Decides if it Erred on Classifying Accused as a Level One Sex Offender
A man lived in his mother’s house with his sister who was a minor. One day, the man chanced upon his sister in the bathroom of their house. The man tried to rape his sister. The sister resisted and was able to escape from her brother. A New York Criminal…
Court Contends Mental Hygiene Hearing was Unnecessary
This is a case for appeal being heard in the Third Department, Appellate Division of the Supreme Court in the State of New York. Mark S. is the appellant of the case and the State of New York is the respondent. Mark S. is appealing two orders that were made…
Court Discusses Concept of Double Jeopardy
In April, 1973, as a result of a joint major Federal-State narcotics investigation, an indictment was filed against defendants #1, #2, and #3, along with 10 other large-scale heroin merchants, for conspiracy to violate Federal drug laws. To support the conspiracy count, covering a period from May, 1971 until the…
Defendant Claims Grand Jury Direction was Incorrect
The People of the State of New York are the plaintiffs in this case against the defendant L.P. This case is being heard in the Supreme Court of the State of New York in Bronx County, Part C. The People have moved for an order to amend the direction of…
Court Discusses Blockburger Test
In this case, the appellant appealed his convictions and sentences for fraudulent sale of a counterfeit controlled substance, and felony petit theft. He argued that both charges arose out of the same acts, and that this double conviction should be barred by section 775.021(4)(a) and (b), Fla.Stat. A New York…
Defendant Contends Ineffective Assistance of Counsel
This is a case being heard in the Supreme Court of Bronx County. The case involves the People of the State of New York versus the defendant E.D.. Defendant’s Case A New York Criminal Lawyer said on or about the 6th of August, 2011, the defendant filed a pro se…