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New York Criminal Lawyer Blog

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Court Discusses Plain View Doctrine

This involves a drug crime case where the court concluded that the warrantless seizure of the package by the police officers to the defendant was proper. The police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County in conjunction with a long-term narcotics investigation, during…

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Court Discusses Plea Bargain

An undercover police officer posed as a buyer of cocaine which was clandestinely sold at a fast food joint. The undercover police officer was able to buy six small bags of cocaine on six separate occasions. With the cocaine bought from the fast food joint, the police officers had probable…

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Defendant Brings Motion to Surppress Motion for Incriminating Statements

Defendant was indicted for second degree murder, second degree assault, and second degree weapon possession in connection with a shooting in Brooklyn. One man was shot to death and another was wounded. Thereafter, the Defendant was arrested for a drug crime in Manhattan where he was represented by counsel for…

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Court Decides Jurisdiction in Drug Crime Case

In this criminal case, the location of the premises where the alleged drug crime transactions took place is 151 West 228th Street. At the Grand Jury presentation the Assistant District Attorney elicited testimony from the undercover police officers who participated in the sales of drugs and in the arrests of…

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Court Discusses Rape by Forcible Compulsion

Defendant pleaded guilty to the sole count of superior court information charging him with third-degree rape for engaging in sexual intercourse with a person less than 17 years old. The majority upholds an assessment of 10 points for forcible compulsion even though defendant never was charged with rape by forcible…

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Claimant Claims She was Incarcerated too Long

The claimant who is now 54 years old, has a long history of drug abuse and a lengthy criminal history, consisting primarily of drug crime offenses. Lapidus dropped out of school in the seventh or eighth grade because she was having problems at home, and began using speed and heroin…

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Defendant Contends Court in Violation of 5th Amendment

The facts of these “buy-and-bust” cases are straightforward. In this case, an undercover narcotics officer approached a man entering a store in Manhattan and asked where he could purchase drugs. Without answering, a the man walked over to defendant, asked him if he had “anything” and told him that the…

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