This is a direct criminal appeal from the defendant who has been convicted and sentenced for possession of marijuana with the intent to sell, tampering with physical evidence, possession of less than 20 grams of marijuana, and possession of drug paraphernalia. The two issues of the case are whether the…
New York Criminal Lawyer Blog
Court Discusses Constructive Possession in Drug Case
The defendant in this case was found guilty of possession of more than 20 grams of marijuana and possession of drug paraphernalia. A New York Criminal Lawyer said that on appeal, the defendant contends that the trial court erred in denying her motion for dismissal for the paraphernalia offense and…
Defendant Questions Validity of Breathalyzer Test
On September 15, 1983, a DWI roadblock, indicated by signs, was set up by a uniformed police unit at the westbound 181st Street Bridge. All vehicles proceeding through the roadblock were stopped. Each driver was then approached and asked how they felt. The vehicle operated by the defendant was driven…
Court Discusses Legal Doctrine of Collateral Estoppel
Respondent was admitted to the practice of law in the State of New York by the First Judicial Department on January 18, 1982. At all times relevant to this proceeding, respondent maintained an office for the practice of law within the First Judicial Department. A Bronx DWI Lawyer said that,…
Defendants Claim Faulty Search Warrant
On September 25, 2003, the Associate Village Justice of this Court signed a search warrant directed to “any police officer of the County of Nassau.” A New York Criminal Lawyer said the search warrant provided: “Proof, by affidavit, having been this day made before me by Senior Building Inspector, Village…
Defendant Contends Breathalyzer Test was Impropr
On May 6, 1995 at approximately 1:30 AM, a police officer was assigned to a so called DWI checkpoint in Queens County. A New York Criminal Lawyer said that pursuant to the procedures established for this checkpoint, every vehicle was stopped and every driver was asked if he or she…
Defendants Contend Possession of Firearms Charge
Case Contentions A New York Criminal Lawyer said two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. One of the defendants was sentenced…
Defendant Charged with Drug Possession in Reverse Sting Operation
Case Contentions Two of the defendants in this case were convicted for conspiracy and attempt to possess with the intent to distribute marijuana and cocaine and knowing possession of several fire arms in conjunction with drug trafficking offenses. A New York Criminal Lawyer said one of the defendants was sentenced…
Defendant Claims There was Insufficient Evidence for Grand Jury Indictment
The Facts of the Case: On 6 November 1992, at approximately 3:13 a.m., two (2) Department of Public Safety Officers at a University observed defendant carrying a dormitory lounge chair on his head as he crossed a bridge on the campus. A New York Criminal Lawyer said that upon being…
Court Discusses Excessive Fines Clause in DUI Case
On February 20, 1999, respondent Police Commissioner announced that the City would apply the Property Clerk Forfeiture Law (Administrative Code of City of NY § 14-140) to vehicles operated by individuals arrested for driving while intoxicated (DWI). At 10:30 P.M. on February 21, 1999, police stopped and arrested petitioner for…