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…
Articles Posted in Drug Possesion
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…
Court Discusses Immunity Offer Made by Grand Jury
Television shows often idealize the criminal who turns states evidence and is given immunity from prosecution. Because of this, people who commit crimes sometimes think that they can just turn evidence on a co-defendant and get immunity for the crimes that they have committed. A New York Criminal Lawyer said…
Court Looks at Jurisdiction Issue
When people have contacts that are strong in other countries, they can sometimes become confused about how to handle family law situations so that they are in compliance with the laws of New York. New York is well known for being a hub for many different cultures. Many people from…
Defendant Moves to Have Sentence Set Aside
The defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. A New York Drug Possession Lawyer said the sole issue raised by the defendant is…
Defendant Contends Evidence Should be Supressed
On March 22, 1996, the police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County. The warrant authorized seizure of cocaine possession and crack-cocaine possession and evidence tending to demonstrate that the premises are utilized for the unlawful possession, packaging and sale of crack-cocaine and…
Court Looks at Whether Key Evidence Should be Excluded
This involves a criminal case where the court excluded the evidence sought to be introduced in a prior, uncharged incident stating it was largely irrelevant from the alleged crime from which defendant is being indicted. A New York Criminal Lawyer said on September 20, 1985, police officers chased herein defendants…
Special Narcotics Court Reviews Case
In New York City, there is a special Grand Jury that handles cases from the Special Narcotics Courts of the city. When they are called to review a case, it generally means that the persons who are in line to be indicted are the result of many months of undercover…
Defendant Moves to be Resentenced Pursuant to Drug Law Reform Act of 2009
Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. The People assert that the Defendant engaged in the sale of $350 of cocaine to an undercover police officer…