The appellant was convicted by a jury on the charges of possession of marijuana possession with intent to distribute and conspiracy to possess marijuana with the intent to distribute. The appellant is appealing the convictions on two grounds. First, he states that the evidence in the case is insufficient for…
Articles Posted in New York
Evidence for Conspiracy to Possess Marijuana is Insufficient, According to Defendant
The first appellant in this case was convicted for conspiracy to possess marijuana with intent to distribute and possession of cocaine. The second appellant was convicted of conspiracy to possess marijuana with the intent to distribute. The third appellant was convicted of conspiracy to possess marijuana with the intent to…
Court Discusses Drunkeness by Drug Charge
The main issue in this case is whether or not the evidence is sufficient to show marijuana possession by the defendant. The defendant has been found guilty on the charge of possession of marijuana in court without a jury. Case Background The testimony from the case shows that the defendant…
Immigration Issues Complicate a Drug Possession Charge
The defendant in this case is 39 and a citizen of Italy. He is currently living in Florida. The United States Immigration and Naturalization Service has moved to have him deported to Italy on the ground that he has overstayed his six month visa that was granted to him when…
Defendant Contends that Initial Police Stop was Pre-Textual
The defendant in this case is challenging a judgment and sentence that she received for trafficking methamphetamines, a felony marijuana possession of drug paraphernalia. She was charged with carrying a concealed weapon as well. In support of her challenge the defendant states that the court made a mistake by not…
Defendant Appeals Sentence of Intent to Distribute Marijuana
The defendant is appealing the 97 month sentence that has been opposed upon him for his guilty plea to the charges of conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana (marijuana possession). Case Background The defendant agreed that he participated in a…
Court Determines Insufficient Evidence Against Defendant in Drug Possession Case
Case Background Local police officers executed a search warrant at a home and when they did they found the appellant along with two other young men inside the home. A New York Criminal Lawyer said the appellant was detained in the living room with the other two men while the…
Defendant Requests Motion for Mistrial Based on Government Misconduct
The defendant is appealing his convictions for conspiracy to possess with intent to distribute marijuana and marijuana possession. The defendant argues that the evidence in the case is insufficient to support the charges against him and that the trial court made a mistake when they denied his motion for a…
Court Sentences Defendant to Judicial Diversion Program
The defendant was charged with several counts of criminal possession of a forged instrument, grand larceny and scheme to defraud. The parties to the case put in issue the eligibility of the accused for judicial diversion. The defendant argued that he is entitled for the judicial diversion program since he…
Defendant Charged with Aiding and Abetting 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…