The appellant in this case is seeking to have his conviction reversed. He was convicted of possession of marijuana. A New York Criminal Lawyer said the question before the court is whether or not the evidence in the case is enough to sustain the conviction. Case Background At the time…
Articles Posted in New York
Drug Crime Defendants Claim There is Insufficient Evidence Against Them
The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…
Court Weighs Plaintiffs Injuries Against Applicable Insurance Law
A motion by the accused woman for an order awarding her summary judgment dismissing the claims of the complainant that she did not sustain a serious injury within the meaning of Insurance Law is granted. A cross-motion by the complainant husband for an order awarding him summary judgment dismissing the…
Court Weights Constitutionality of Sentencing for a Felony in the Third Degree
The Florida state filed an appeal placing in issue the constitutionality of the provisions of law pertaining to the inclusion of prior convictions in the charging information. This was due to the ruling of the circuit court, wherein the appellees who were charged and found guilty of petit larceny and…
Defendants Bring Motion to Supress Evidence in Sex Crimes Case
This is a case for the sex crime of obscenity where the defendants filed a motion to suppress certain evidence presented during the trial. In the motion, they raised as a contention that the prosecution was stopped from introducing evidence for acts of sodomy since there was a previous acquittal…
Defendant Accused of Aiding and Abetting Perpetrator in Robbery
The accused man along with a co-accused was convicted of robbery in the first degree. He and his co-accused had been charged with aiding and abetting the actual perpetrator; and the sole evidence linking the accused to the robbery was his own admissions. The evidence was insufficient to establish the…
Defendant Says Ineffective Counsel Resulted in Unjust Conviction
An appeal was filed by the state for the denial of the court of its motion for summary judgment to dismiss the claim of the claimant who maintained an action for wrongful conviction. A New York Sex Crimes Lawyer said the court reviewed the records of the case and found…
Court Discusses Act of Depraved Indifference in Murder Trial
On July 1, 2005, after spending several hours in a bar in Manhattan, at which he consumed at least six beers, the defendant attended a friend’s party in Merrick in Nassau County. He arrived at the party, which consisted of a small gathering of his friends. The house where the…
Court Rules Upon Third Petit Theft Conviction, Offense is a Felony
In a court proceeding, a man filed an appeal for his conviction and sentence for felony petit theft. He asserts that the subsection of the statue convicting him does not permit consideration of convictions for petit larceny. A New York Criminal Lawyer said that based on records, petit theft is…
In Consecutive Sentences it Depends on Whether the Acts Were Committed with the Requisite Intent
An appeal was filed by the defendant who was convicted with the crimes of murder and criminal possession of a weapon. He alleged that the court erred in its decision to impose consecutive sentences for the indictments he committed claiming that the accused acted with a singular intent. The Supreme…