At the trial, the People’s chemist, whom the Court found to be both competent and commendably candid, acknowledged that he could not, to a reasonable degree of scientific certainty, rule out the presence or gauge the amount of non-marijuana. His test was essentially an aggregate weight analysis, from which he…
A New York Marijuana Possession Criminal Lawyer said that, petitioner in this CPLR Article 78 proceeding, moves by order to show cause to annul and vacate the October 14, 2009 determination by respondent New York City HOUSING AUTHORITY (NYCHA), which terminated her tenancy in the Red Hook West House, at…
The Defendant stands accused, by long form information, of criminal possession of a controlled substance on account of an incident. That charge is designated as count 1. She also stands accused by seven simplified traffic information, each specifying an appearance date of June 29, 2005 and each joined together with…
After the criminal defendant was removed from his vehicle, the police began conducting an inventory search of the vehicle. The discovery of several 9-millimeter rounds in the trunk, however, transformed the search from inventory to investigatory, during which the police recovered a 9-millimeter semiautomatic pistol, what was later determined to…
The defendant moves for a trial order of dismissal upon a charge of sale and marijuana possession of approximately nine pounds, under the statute by which the sale of more than a pound of marijuana is punishable as a class D felony, and marijuana possession of more than a pound…
A New York Marijuana Possession the Defendant is charged with Criminal Possession of Marijuana in the Fifth Degree, pursuant to Penal Law § 221.10(1), by an information which alleges, in pertinent part, that on September 8, 2008, at about 12:28 a..m., at Polk Avenue/Lincoln Street, Franklin Square, New York, the…
A Queens Criminal Lawyer said that, the defendant, filed a motion with this Court vacating his judgment of conviction pursuant to CPL §440.10 and 440.20. In this motion, the defendant alleges that he was deprived of effective assistance of trial counsel. In this claim, the defendant specifically alleges that his…
A Queens Criminal Gun Crime Lawyer said that, the defendant is charged, inter alia, with criminal sale of a controlled substance in the third degree, criminal possession of a weapon in the third degree and robbery in the third degree. Among the issues presented to this Court during the combined…
A child was born to Respondent in September 2006 with a positive toxicology to cocaine. She was premature, underweight and in respiratory distress. No father was named on the birth certificate, however, the mother has identified someone as the child’s father. A New York County Criminal attorney said that in…
The Defendant Man was arrested for driving while intoxicated (DWI). He submitted to a breathalyzer test which determined his blood alcohol level to be .147%. Prior thereto, the Defendant Man was convicted of driving while intoxicated (DWI) in violation of Vehicle and Traffic Law. Based upon his arrest and prior…