Defendant was charged with criminal felony drunk driving. Defendant then moved to vacate his 2003 misdemeanor conviction of Operating a Motor Vehicle under the Influence of Alcohol which was entered via a plea of guilty. According to the defendant, in an affidavit, he was not aware when he pled guilty…
New York Criminal Lawyer Blog
Judgement is upheld
This is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered June 6, 1992, convicting him of criminal sale of a controlled substance in the third degree (four counts) and criminal possession of a controlled substance in the third degree, upon a jury verdict,…
Statements are deemed admisable
A Drug Possession Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered December 15, 1988, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up…
Intent is at the crux of this case
Defendant was charged and convicted of criminal possession with intent to distribute 6¼ grams of heroin, in violation of 21 U.S.C. § 841(a), a drug crime. The defendant appealed. On appeal, defendant attacked the sufficiency of the evidence; the admission of certain testimony concerning drugs possession other than those he…
What makes an addict an addict
A post-conviction hearing was held pursuant to section 208 of the Mental Hygiene Law on defendant’s denial of addiction to a narcotic drug. On 16 January 1969, defendant was examined by the jail physician. The physician executed a certificate on the regular form provided by the Narcotic Control Commission, which…
Conspiracy charged in drug case
At trial, the complainant presented evidence against a man, who was alleged member of a group who brought cocaine from San Francisco to New York. The man’s conviction was the result of a multistate investigation of a drug conspiracy involving parties in San Francisco, New York and Chicago. The drug…
Condition of driver is not clear
On January 26, 2011, a man was charged with five counts including, driving while intoxicated (count one), resisting arrest (count two), harassment in the second degree (count three), parking upon pavement (count four), and possession of open containers in a motor vehicle (count five). He moved for suppression of all…
Two time loser will be sentenced accordingly
A man was convicted after a jury trial of one count of criminal possession 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 criminally using drug paraphernalia in the second degree. Prior to judgment,…
Prompt Suspension Law comes into play
On December 7, 1988, the Court issued a subpoena duces tecum directing the New York State Police to produce a State Police Breath Test Operator’s Training Course Manual and specifically that edition which was used to train a Trooper who was first certified as a breathalyzer test operator on February…
Testimony by police is not credible
On January 26, 2011, a man was charged with five criminal counts including, driving while intoxicated (count one), resisting arrest (count two), harassment in the second degree (count three), parking upon pavement (count four), and possession of open containers in a motor vehicle (count five). He moved for suppression of…