A confidential informant (CI) contacted defendant M, and offered him an opportunity to rob drug dealers of a valuable supply of narcotics and/or cash. M allegedly accepted the offer and engaged the three codefendants to be part of the robbery gang. The case detectives instructed the CI to tell the…
A Queens Petit Larceny Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 19, 1981, convicting him of petit larceny, upon his plea of guilty and imposing sentence. The appeal brings up for review the denial, after a hearing,…
People v. McKenzie The Court Discusses Dismissal of a Lesser Offence where it was included in a Greater Offense The defendant appealed his conviction of one count of criminal sale of a controlled substance in the third degree pursuant to section 220.39 of the Penal Law, three counts of criminal…
A New York Drug Possession Lawyer said that, the events leading to defendant’s conviction trace back to December 5, 1974 when a young man with an unsavory drug history, was arrested by the New York State Police in Steuben County for possession of a controlled substance in the second degree,…
People v. Carmack Court Discusses the Prejudicial Effect of Cross-examination by the Prosecution The defendant was charged with criminally selling heroin to an undercover agent. The defendant was arrested after he was observed by two police officers from a distance but the details of the sale were only supplied by…
Defendant is charged with Attempted Criminal Possession of a Controlled Substance in the Seventh Degree, and Criminal Marijuana Possession in the Fifth Degree, both Class B Misdemeanors, as well as Unlawful Possession of Marijuana, a violation. A New York Unlawful Possession of Marijuana lawyer said that the People offered the…
A New York Criminal Lawyer said that, the evidence presented herein, when viewed, as it must be, in the light most favorable to the prosecution, was legally sufficient to enable the members of the jury to have determined that the essential elements of the crime had been established beyond a…
A man was sentenced as a youthful criminal offender and five years probation upon his guilty plea to robbery in the second degree. Afterward, the probation department filed a declaration of delinquency and specifications alleging that the man had violated the terms and conditions of his probationary sentence by knowingly…
A Queens Criminal Lawyer said that, this is a motion for an order to produce the defendant before this Court for the purpose of re-sentencing the said defendant as a third felony offender. The basis for the defendant’s application for this order is a claim that he should be re-sentenced…
A New York DWI Lawyer said that, this court now holds that in this prosecution of Vehicle and Traffic Law (“VTL”) section 1192 for operating a motor vehicle while impaired or intoxicated by alcohol, upon objection of the defense, the prosecution must establish, at a hearing by expert testimony, scientific…