An undercover policeman, equipped with a hidden transmitter, entered a social club and, for fifty dollars, purchased cocaine from a man in the front room. He left the club and radioed his backup team. Because the transmission was garbled, they understood only that he had made a buy. The sergeant…
Articles Posted in New York
Petitioner Requests a Recalculation of his Sentence
In 1996, after a jury trial, petitioner was convicted of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree. He was sentenced to concurrent indeterminate terms of 7½ to 15 years on each charge. In 1997, petitioner was…
Court Decides if Defendant Should Receive an Enhanced Sentence
This involves a drug crime case where the Court denied the People’s appeal to consider a defendant’s perjury at trial in enhancing his service of sentence. Defendant was convicted after a jury trial, at which he testified, of Criminal Sale of a Controlled Substance in the Third Degree and Criminal…
Court Discusses Immunity Offer Made by Grand Jury
Television shows often idealize the criminal who turns states evidence and is given immunity from prosecution. Because of this, people who commit crimes sometimes think that they can just turn evidence on a co-defendant and get immunity for the crimes that they have committed. A New York Criminal Lawyer said…
Defendant Contends Evidence Should be Supressed
On March 22, 1996, the police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County. The warrant authorized seizure of cocaine possession and crack-cocaine possession and evidence tending to demonstrate that the premises are utilized for the unlawful possession, packaging and sale of crack-cocaine and…
Court Looks at Whether Key Evidence Should be Excluded
This involves a criminal case where the court excluded the evidence sought to be introduced in a prior, uncharged incident stating it was largely irrelevant from the alleged crime from which defendant is being indicted. A New York Criminal Lawyer said on September 20, 1985, police officers chased herein defendants…
Court Orders New Trial
Plaintiff commenced this action seeking damages for false arrest, false imprisonment and malicious prosecution, based upon his arrest for assault which later became a murder charge for acts allegedly committed. Plaintiff was incarcerated for 333 days. The charges remained pending for nearly 8 more months after plaintiff was released from…
Special Narcotics Court Reviews Case
In New York City, there is a special Grand Jury that handles cases from the Special Narcotics Courts of the city. When they are called to review a case, it generally means that the persons who are in line to be indicted are the result of many months of undercover…
Defendant Moves to be Resentenced Pursuant to Drug Law Reform Act of 2009
Defendant was convicted of Criminal Sale of a Controlled Substance in the Third Degree and on November 19, 2002 given an indeterminate sentence of imprisonment with a term of 2-6 years. The People assert that the Defendant engaged in the sale of $350 of cocaine to an undercover police officer…
Defendant Refuses to Give DNA Sample
Seven men were grouped together outside a house. They were talking loudly together and drinking. One of the neighbors called the police and so two uniformed police officers were dispatched to the scene. The police officers had their police badges and did not have their guns drawn. A New York…