The appellant in this case was charged on several drug related charges including possession of cocaine and heroin, possession of cocaine, marijuana, and heroin possession, with the intent to sell, two counts of attempted first degree murder, and displaying a firearm during the commission of a felony. A New York…
New York Criminal Lawyer Blog
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 Contends Court Has Insufficient Evidence to Sustain a Drug Conviction
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…
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…
Defendant Contends Insufficient Evidence to Uphold Marjuana Conviction
The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a firearm and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…
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…
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…
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…
Court Discusses Imposing Tax on Possession of Illegal Drugs
The question before the court in this case is whether imposing a tax on the possession of illegal drugs after the state has imposed a criminal penalty for the same conduct is in violation of the constitutional prohibition of successive punishments for the same crime. Law Review Montana’s Dangerous Drug…
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…