The defendant was arrested and charged with Common Law Driving While Intoxicated and Failure to Produce License, on October 30, 2005 at 8:43 A.M. Later that morning he was arraigned and judge suspended the defendant’s driver’s license for failure to submit to the breathalyzer test. Finally, the court set bail…
This case concerns fortunately rare and inexplicable police misconduct. The case involved is a reprehensible police action including violence and deception, culminating in the further deceitful luring of a Pennsylvania resident into New York solely to make a sale of cocaine, for which he was convicted and sentenced to 15…
The defendant, a graduate student and teacher was convicted by the court without a jury. The conviction was of criminal sale of a controlled substance in the first degree, a class A felony and was sentenced to a minimum period of imprisonment of 15 years to life. It is not…
The indictment charges against defendant with others with various degrees of possession of a dangerous drug are as follows: Count 1: 1st degree–possession of 16 ounces and more of heroin; Count 2: 4th degree–possession of a narcotic drug (heroin) with intent to sell; and Count 3: 6th degree–possession of a…
In this drug offense, petitioner was a 21 year old heroin addict. On September 18th, two agents of the Sheriff’s Department of Louisiana, accompanied by a paid informant, and encountered petitioner. Aware of petitioner’s addiction, they asked him whether he had any heroin. He answered that he did not but…
A man was convicted of drug crime and subsequently given an undefined sentence of imprisonment with a term of two to six years. The complainant asserts that the man engaged in the sale of $350 of cocaine to an undercover police officer on two occasions. Afterward, cocaine and drug paraphernalia…
The petitioner is the president of the Patrolmen’s Benevolent Association (PBA) and in behalf of its membership seeks an order permanently enjoining the respondents, City Police Department, Police Commissioner, and the City. The Respondent Department issued an Interim Order which in effect provides that applicants to and current members of…
A man was tried without a jury on the charge of criminally selling a dangerous drug in the third degree. But, he moved for a dismissal of the charge for failure of proof. The man contends that the state was failed to call as a witness the police officer who…
In this Drug crime, defendant appeals from the denial of his CPL 440.20 motion to set aside the sentence imposed upon his adjudication as a second felony drug offender based on a 2001 conviction. Under Penal Law § 70.06(1)(b)(ii), it is the sentence date that determines whether a crime constitutes…
This action concerns a young woman who at an early age became addicted to drugs. In 2005 when she was 18, she became a patient of the accused orthopedist and employee of orthopedic rehabilitation center for treatment of lower back pain and, a month later, for left ankle pain. From…