The police in Brooklyn suspected that a drug repacking business was carried out in an apartment building by the members of one family. They wrote down all the facts they have so far gathered about the heroin-repacking business in an affidavit and they applied for a search warrant. The judge…
New York Criminal Lawyer Blog
vehicle must be released
On February 16, 2004, respondent BT was arrested in the vicinity of 118th Street and Second Avenue as he exited his 2000 Lexus. He was charged with criminal felony possession of a controlled substance with intent to sell, felony possession of more than 16 ounces of marijuana, and misdemeanor possession…
Cases are often reviewed
On July 8, 2005 at approximately 2:00 A.M., the defendant was driving northbound on State Route 78 (South Transit Road) in the Town of Lockport and was stopped by a New York State Trooper. The trooper was on routine patrol with Trooper Middlebrooks when the defendant pulled out of a…
lab reports should not have been admitted
This summary holdover proceeding is brought by the New York County District Attorney’s office under a new program created by the Prosecutor’s office and other governmental agencies designed to evict drug dealers from residential and other real property used for illegal drug trade, business or manufacture pursuant to RPAPL Section…
Double prosecution for the same offense
A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on a criminal charge returned against him by the grand jury. The indictment charges the complainant and another man with various degrees of possession of a dangerous…
Motion to dismiss charges for DWI is denied.
The defendant is charged with violating five sections of the New York State Vehicle and Traffic Law. Two of the violations—of section 1192 (2) and (3), driving while intoxicated (per se) and driving while intoxicated (common law), respectively—are unclassified misdemeanors, and are therefore crimes. The simplified traffic information charging these…
Incarceration is deemed foolish in this case.
In this drug crime, the People contend that the defendant, a 17-year old with no prior criminal record, assisted a co-defendant in the sale of 7/8ths of an ounce of cocaine to an undercover police purchaser. Defendant was then a drug user with a dependency problem. A New York Criminal…
Crime scene is important in this and other cases
The Drug Enforcement Task Force initiated an investigation into an organization in Brooklyn that was purportedly selling a brand name of heroin called “Raw”. As a result of that investigation, the defendant was convicted, after trial, of selling narcotics to an undercover police officer. The detective testified that on May…
Drugs from overseas are found in apartment
In this drug offense case, defendant was found in his apartment with 6¼ grams of heroin about twenty to thirty minutes after a package containing 13 grams of heroin was delivered by mail to his apartment. Customs and postal inspectors had discovered the heroin in the package when it had…
Is the defendant a juvenile
In this criminal law case, a petition was filed against respondent alleging that he is a juvenile delinquent as defined by Family Court. According to the petition, the respondent committed acts which were he an adult would constitute the crime of Criminal Possession of a Weapon in the Fourth Degree,…