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Articles Posted in Queens

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Court Looks at Intent in Breaking and Entering Case

The Facts of the Case: A New York Drug Crime Lawyer said the appellant was charged with the criminal act of breaking and entering with intent to commit a misdemeanor, viz.: petit larceny. The information charged three elements: unlawful breaking, unlawful entry and the intent to commit petit larceny. The…

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Defendant Claims an Error was Made in Sentencing

The petitioner is a federal prisoner who has petitioned to have an error of law in the calculation of his sentenced based on a Supreme Court Decision that interpreted sentence guidelines. This decision was made eleven years after the defendant was sentenced. A New York Criminal Lawyer said the issue…

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Defendant Convicted of Intent to Distribute 41 lbs. of Marijuana

The defendant has been convicted of possessing with the intent to distribute 41 pounds of marijuana. A New York Drug Crime Lawyer said he is appealing the conviction and seeking a reversal because of actions that were taken in the district court. First, the court refused to grant a continuance…

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Defendant Argues That Drug Possession Charge Does Not Merit Four Level Enhancements

The defendant in this case is appealing a four level enhancement that was applied to his sentence for using or possessing a firearm in relation to another felony offense. The district court found that the defendant’s firearm possession facilitated the underlying drug possession felony. Case Background According to the facts…

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