In this Criminal action, the Judgment of the Supreme Court, New York County convicting defendant after trial by jury of Criminal Sale of a Controlled Substance in the First Degree, Conspiracy in the Second Degree and Criminal Use of Drug Paraphernalia in the Second Degree and sentencing defendant to various…
Articles Posted in Drug Possesion
People v. Lopez
People v. Lopez Court Discusses Whether a Sentence was Excessive for a Second time Offender The defendant was charged with criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree. He was arrested after possessing over twenty four thousand…
People v McFadden
People v McFadden Court Discusses Conviction Against the Weight of the Evidence. The defendant was charged for a criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree in…
Special Narcotics Grand Jury.
The Grand Jury of the Special Narcotics Courts of the City of New York voted an indictment against the defendants charging them with four counts of criminal possession of a weapon in the second degree, in violation of Penal Law § 265.03 (2); four counts of criminal possession of a…
The Court has already rejected the notion
In this appeal on a criminal case, the court was asked whether defendant’s entry of a guilty plea forfeited his claim that the misdemeanor information was deficient. A New York Criminal attorney said that in January 2006, defendant was a passenger in an automobile that was stopped by a New…
FOIL
In September 1996, a seven-count indictment was filed with the court charging defendant with two counts of murder in the second degree; one count of attempted murder in the second degree; one count of reckless endangerment in the first degree; one count of criminal possession of a weapon in the…
People have provided that information to a court
The defendant is charged with one count of criminal possession of a controlled substance in the seventh degree, a class A misdemeanor. Pursuant to the Criminal Court complaint, a paralegal with the Kings County District Attorney’s Office states that she is informed by a Police Officer that on or about…
CPLR 1312(3)
This is a motion by the plaintiff herein, the District Attorney of Queens County, pursuant to the recently enacted Article 13-A of the CPLR, entitled “Proceeds of a Crime Forfeiture”, for a preliminary injunction enjoining the defendants pending the determination of this forfeiture action, from selling, giving, transferring, pledging, mortgaging…
DLP and JEP fit exactly within the text of the 2009 DLRA.
After committing class B felonies involving narcotics, DLP, JEP and JAP were sentenced to indeterminate prison terms under the Rockefeller Drug Laws. This law governed the sentencing of drug offenders until 2005. DLP and JEP received sentences of 2 to 6 years while JAP received a sentence of 5 to…
The jury nevertheless convicted the defendant of conspiracy
In this extraordinary case, the Court found that the defendant was deprived of a fair trial by the combination of the trial court’s mishandling of hearsay objections and its refusal to give a missing witness charge as to a registered jailhouse informant. A Queens County Criminal attorney said that while…