A New York Criminal Lawyer said the case before the court involves 10 appellants that have each been charged and convicted under different counts of a seven count indictment. The common thread between the appellants is that they have each been associated with participating in a bribery and drug smuggling…
Articles Posted in New York
Court Discusses Different Types of Possession in Drug Case
The issue before the court involves the petition for writ of certiorari to review the decision that the District Court of Appeal reported. Case Background The defendant was charged with unlawful possession of marijuana. He was tried by a jury and found to be guilty of this crime. The defendant…
Court Decides Constructive Possession in Marijuana Case
The appellant in this case was a passenger in a car where marijuana was found. He is appealing his juvenile adjudication on the two counts of possession of contraband on the ground that the evidence did not support a finding of constructive possession. Case Background The majority of the case…
Court Discusses Leandra’s Law
The Facts of the Case: On 18 November 2009, the State enacted Leandra’s Law, roughly one month after the DWI death of an 11-year-old in New York City. It demands, inter alia, that all first-time, misdemeanor DWI offenders install ignition interlock devices in every automobile they own or operate for…
Defendant Claims Insufficient Evidence for an Indictment
A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal…
Court Decides Double Jeopardy Issue in Drug Case
This is a direct criminal appeal from the defendant who has been convicted and sentenced for possession of marijuana with the intent to sell, tampering with physical evidence, possession of less than 20 grams of marijuana, and possession of drug paraphernalia. The two issues of the case are whether the…
Court Discusses Constructive Possession in Drug Case
The defendant in this case was found guilty of possession of more than 20 grams of marijuana and possession of drug paraphernalia. A New York Criminal Lawyer said that on appeal, the defendant contends that the trial court erred in denying her motion for dismissal for the paraphernalia offense and…
Defendant Questions Validity of Breathalyzer Test
On September 15, 1983, a DWI roadblock, indicated by signs, was set up by a uniformed police unit at the westbound 181st Street Bridge. All vehicles proceeding through the roadblock were stopped. Each driver was then approached and asked how they felt. The vehicle operated by the defendant was driven…
Court Discusses Legal Doctrine of Collateral Estoppel
Respondent was admitted to the practice of law in the State of New York by the First Judicial Department on January 18, 1982. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. A Bronx DWI Lawyer said that,…
Defendants Claim Faulty Search Warrant
On September 25, 2003, the Associate Village Justice of this Court signed a search warrant directed to “any police officer of the County of Nassau.” A New York Criminal Lawyer said the search warrant provided: “Proof, by affidavit, having been this day made before me by Senior Building Inspector, Village…