The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a weapon and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…
New York Criminal Lawyer Blog
DEA Exposes Cocaine Trafficking Ring
The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was…
Court Determines if there is Sufficient Evidence to Suspend Student for Marijuana
This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana. Case Background The principal of the school was notified by a teacher that a student had told her that the appellant, who…
Appellants Convicted Under Comprehensive Drug Abuse and Prevention Act
The appellants in this case were indicted for a number of violations of the Comprehensive Drug Abuse Prevention and Control Act. A jury trial was held in the matter and the defendatns were all convicted of possession of marijuana with the intent to distribute. The defendants raise several issues on…
Defendant Charged with Intent to Distribute 100 Kilograms of Marijuana
The defendant is appealing his conviction of possession with the intent to distribute over 100 kilograms of marijuana. Border Patrol agents found the marijuana in his tractor trailer while at a border checkpoint. The defendant argues on appeal that his counsel was ineffective as they failed to request a Pennington…
Defendants Charged with Bribery and Participating in Drug Smuggling Ring
A New York Criminal Lawyer said the case before the court involves 10 appellants that have each been charged and convicted under different counts of a seven count indictment. The common thread between the appellants is that they have each been associated with participating in a bribery and drug smuggling…
Court Discusses Different Types of Possession in Drug Case
The issue before the court involves the petition for writ of certiorari to review the decision that the District Court of Appeal reported. Case Background The defendant was charged with unlawful possession of marijuana. He was tried by a jury and found to be guilty of this crime. The defendant…
Court Decides Constructive Possession in Marijuana Case
The appellant in this case was a passenger in a car where marijuana was found. He is appealing his juvenile adjudication on the two counts of possession of contraband on the ground that the evidence did not support a finding of constructive possession. Case Background The majority of the case…
Court Discusses Leandra’s Law
The Facts of the Case: On 18 November 2009, the State enacted Leandra’s Law, roughly one month after the DWI death of an 11-year-old in New York City. It demands, inter alia, that all first-time, misdemeanor DWI offenders install ignition interlock devices in every automobile they own or operate for…
Defendant Claims Insufficient Evidence for an Indictment
A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal…