The judgment of the Supreme Court convicting the defendant, after jury trial, of criminal possession of a controlled substance in the fifth degree and seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 2 1/2 to 5 years and 1 year, respectively is affirmed. The…
New York Criminal Lawyer Blog
Detective continued to chase the Mazda
This is an appeal where defendant was convicted defendant, after a jury trial, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years to life, unanimously affirmed. A New York Criminal lawyer said that in…
Appellate Division in the Second and Fourth Departments
A Queens Gun Crime Lawyer said that, defendant was indicted for the crime of Criminal Possession of a Weapon in the Third Degree. He has moved to dismiss the indictment on the ground that the prosecutor failed to instruct the grand jury that if defendant possessed the weapon in his…
Vehicle and Traffic Law § 1192(8)
Defendant was indicted for driving while intoxicated (DWI) as a felony and for obstructing governmental administration in the second degree for acts committed. As the basis for elevating defendant’s driving while intoxicated charge to a felony, the People filed a special information charging that defendant had a 1999 conviction for…
The investigator then approached the man in the parking lot
A criminal investigator was assigned to investigate border crimes. He approached a man outside a hotel and asked to speak with him. The investigator had been conducting surveillance of the man since the day before after receiving a tip from an informant. Eventually, the investigator found a bag of what…
DM appealed the denial with an assigned counsel
On 2 September 1998, a first meeting was had between CI and JC. However, CI postponed the transaction. Thus, on 3 September 1998, a second meeting was had and it was where CI met with DM on a Queens Street. DM then told CI to come to his house but…
Hollis Court Boulevard
A Queens Gun Criminal Lawyer said that, where an accomplice to a robbery acts solely as the getaway driver and participates in neither the threat of force, its use, nor the taking of property, and is not in the immediate vicinity of the robbery or so positioned as to be…
The statute predicates such a search
The issue on this appeal concerns the validity under the Fourth Amendment of a warrantless search of the defendant’s handbag and the seizure of a loaded revolver. After a hearing, the defendant’s motion to suppress the weapon was denied. Thereupon, she entered a plea of guilty to the lesser offense…
Sentencing and Commitment Order
Petitioner commenced a proceeding requesting that the Court vacate the five year post-release supervision (“PRS”) period added to his sentence by the respondent. Petitioner argues that the neither the sentencing minutes nor the Sentencing and Commitment Order include, as part of petitioner’s sentence, a five year PRS term and therefore…
The police officer testified
An offender was charged with one count of criminal sale of a controlled substance in the third degree, one count of criminal possession of a controlled substance in the fourth degree and one count of criminal possession of a controlled substance in the third degree. A hearing was held to…