In this case, a a young man was found to be a criminal juvenile delinquent by the Family Court, and who was thereafter placed under the supervision of the New York City Department of Probation. He was placed on probation under specific conditions which included participation in a community based…
Articles Posted in Drug Possesion
People v. Adorno
People v. Adorno Court Discusses whether a Statutory Presumption was Applicable to the Defendant The defendant along with his accomplices purchased 400 packets of heroin with an intention to sell the controlled substance in Rochester. They were pulled over by the state troopers after the car was driving in a…
Special Narcotics Courts
A confidential informant (CI) contacted defendant M, and offered him an opportunity to rob drug dealers of a valuable supply of narcotics and/or cash. M allegedly accepted the offer and engaged the three codefendants to be part of the robbery gang. The case detectives instructed the CI to tell the…
People v. Robinson
People v. Robinson Court Discusses Inconsistent Verdict The defendant was arrested and charged after he was alleged to have sold an undercover narcotics officer a glassine envelop which contained heroin on two separate occasions. The defendant was charged with two counts sale, two counts of possession with intent to sell…
Defendant feared New York’s drug laws
A New York Drug Possession Lawyer said that, the events leading to defendant’s conviction trace back to December 5, 1974 when a young man with an unsavory drug history, was arrested by the New York State Police in Steuben County for possession of a controlled substance in the second degree,…
People v. McKenzie
People v. McKenzie The Court Discusses Dismissal of a Lesser Offence where it was included in a Greater Offense The defendant appealed his conviction of one count of criminal sale of a controlled substance in the third degree pursuant to section 220.39 of the Penal Law, three counts of criminal…
The drugs were within his immediate control
A New York Criminal Lawyer said that, the evidence presented herein, when viewed, as it must be, in the light most favorable to the prosecution, was legally sufficient to enable the members of the jury to have determined that the essential elements of the crime had been established beyond a…
People and Defendant have been reviewed and rejected by this Court
Defendant is charged with Attempted Criminal Possession of a Controlled Substance in the Seventh Degree, and Criminal Marijuana Possession in the Fifth Degree, both Class B Misdemeanors, as well as Unlawful Possession of Marijuana, a violation. A New York Unlawful Possession of Marijuana lawyer said that the People offered the…
People v. Carmack
People v. Carmack Court Discusses the Prejudicial Effect of Cross-examination by the Prosecution The defendant was charged with criminally selling heroin to an undercover agent. The defendant was arrested after he was observed by two police officers from a distance but the details of the sale were only supplied by…
The issue on the appeal is whether there was probable reason to arrest the offender
A man was sentenced as a youthful criminal offender and five years probation upon his guilty plea to robbery in the second degree. Afterward, the probation department filed a declaration of delinquency and specifications alleging that the man had violated the terms and conditions of his probationary sentence by knowingly…