The Facts of the Case: A New York Drug Crime Lawyer said petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this…
Articles Posted in Queens
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…
Defendant Files Motion to Supress Evidence in Drug Case
A New York Drug Crime Lawyer said the defendant is appealing his conviction of possessing cocaine with the intent to distribute, possessing marijuana, and using a firearm in drug trafficking. He argues for reversal based on a denial to suppress evidence that was found in a search of his home…
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…
Court Discusses Constructive Possession in Drug Case
A New York Drug Crime Lawyer said the defendant was found not guilty on a charge of possession of cocaine with the intent to sell, but was convicted on the other count made against him of possession of marijuana. The defendant argues that the court made an error by not…
Couple Charged with Grand Larceny in Bad Check Scheme
A husband and wife were accused of having issued checks that bounced. A New York Drug Crime Lawyer said there were nineteen checks issued altogether and the value of each check amount to no less than twenty dollars and no more than thirty dollars. The checks were issued as payment…
Court Decides Charges of Illegal Prescriptions
An undercover police officer had heard rumors that it was possible to purchase drugs without prescription from a pharmacy in Manhattan. He had also heard it said that it was also possible to purchase drugs using a different prescription and the purchase price was discounted when a Medicaid car was…
Defendant Claims Grand Larceny Charge Jurisdictionally Incorrect
The chairman of a local political party was charged with grand larceny for having taken and appropriated monies from the funds of the local political party in all the nine years that he was chairman from the years 1968 until 1977. A New York Drug Crime Lawyer said the accused…
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…
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…