Police officers were given instructions by their sergeant to set up a DWI checkpoint on June 10, 1993 at the corner of 20th Street and Avenue C in Manhattan. At that checkpoint, all passing cars were stopped by the police officer manning the checkpoint. Depending on his observations of the…
New York Criminal Lawyer Blog
Assault Charges Arise from Terrible Taxi Accident
Defendant is charged with one count of Criminally Negligent Homicide, three counts of Assault in the Second Degree and two counts of Offering a False Instrument for Filing in the First Degree. The charges arise from an accident in a taxicab driven by the Defendant on West Street in the…
Defendant Argues Constructive Possession Charge
The defendant is appealing a verdict of guilty to possession of cocaine and possession of marijuana in the amount of less than 20 grams. The defendant was sentenced to 22 months in prison on the cocaine charge and for a year in the county jail on the marijuana charge. She…
Defendants Contend they Were Never in Possession of Drugs
This is a joint appeal case by two defendants for their respective adjudications and sentences that were imposed when a jury found them guilty of unlawful possession of marijuana. The defendants concede that the evidence shows that they attempted possession, but they argue on appeal that they never had actual…
Technically, Defendant was Arrested Before Illegal Sale of Marijuana
This is a direct criminal appeal from the defendant who is seeking a review of his convictions for purchase of marijuana or possession of marijuana with the intent to purchase it and for attempted possession of more than 20 grams of marijuana. There are four issues in the case being…
Court Rules Closed Containers Cannot Be Searched Without a Warrant
This case involves an appeal from convictions of possession of marijuana. The defendant challenges that the trial court’s failure to suppress the marijuana. The other defendant challenges the sufficiency of evidence in the case. Case Background A New York Criminal Lawyer said the local police officer was monitoring a parking…
Defendants Marijuana Charges Reversed
The defendant in the case is appealing a judgment and sentenced that found him guilty by jury verdict of a violation of the narcotics law. Case Background The information provided in the case charged the appellant along with five other defendants of possession of marijuana. The testimony provided during the…
Defendants Contend Search of their Vehicle was Unlawful
The appellants in this case were convicted in a nonjury trial for possession of 230 pounds of marijuana with intent to distribute. The marijuana was found in a locked trunk of a car that had been rented and driven by one of the defendants (marijuana possession). Another defendant was a…
Court Decides Constructive Possession Issue
The appellant in this case was charged by information with possession of over five grams of marijuana (marijuana possession). He filed a sworn motion to have the reciting dismissed. The motion in part stated that he lived in the home with his wife and children and that while the search…
Defendant Charged with Marijuana and Cocaine Possession
The appellant along with a co-defendant were charged with felony possession of marijuana, cocaine possession, possession of a drug implement, and possession of methaqualone. The appellant was denied the motion to suppress certain physical evidence. The appellant was tried alone. The trial resulted in a hung jury mistrial. A New…