Bronx

Published on: October 2, 2012

Court Discusses Crime of Possession of a Controlled Substance

by Stephen Bilkis

On this proceeding, the state presented evidence about a pharmacologist who was a member of a conspiracy to procure heroin. The pharmacologist and his accomplices were guilty of attempted criminal possession of a controlled substance based on a series of events that commenced in the state. Even if the jury found him guilty of both the crime, on appeal, he challenges the state’s exercise of territorial jurisdiction over the second offense only.

A New York Criminal Lawyer said the evidence revealed that the leader of the conspiracy was a man. Through a wiretap surveillance of the telephone line to the leader’s residence, the law enforcement authorities discovered that the leader was raising $120,000 to pay a courier fee to obtain a large quantity of heroin to the state. The intercepted conversations cryptically identified the various players in the proposed drug exchange. The state theorized that the pharmacologist’s role in the project was to test the purity of the heroin.

The leader and another individual discussed the pharmacologist’s availability for the project. Upon receiving a telephone call advising that the pharmacologist had been located. Thereafter, a woman used the leader’s telephone to make airline reservations for three men to fly at 8:00 p.m. that evening and all of them were under the same surnames. A New York Criminal Lawyer said the law enforcement authorities observed the pharmacologist together with two other men aboard the flight. At the request of an investigator, a state’s troop followed the activities of the three men. After registering at the airport’s hotel under aliases, they were seen entering and leaving each other’s rooms during the next 24 hours.

Published on: October 2, 2012

Court Decides Heroin Possession Case

by Stephen Bilkis

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 arrived in the country at San Francisco. A New York Drug Crime Lawyer said the package was mailed from Thailand and addressed to defendant’s residence in Daytona Beach, Florida. The postal authorities arranged a controlled delivery of the package to defendant’s residence.

A Jacksonville Heroin Possession Lawyer said that, about twenty to thirty minutes after this controlled delivery had taken place, four officials, one a postal inspector, and another a customs agent, and the other two, Daytona Beach police detectives, entered defendant’s apartment under a valid search warrant. They found defendant in a bedroom with 6¼ grams of heroin on a coffee table in front of him. They conducted a search to find the remaining heroin. During this search, they found thirty packets of heroin, each wrapped in aluminum foil and containing a mixture which included approximately one milligram of heroin, in a drawer of a dresser in a bedroom across the hall from the room where defendant had been found. It was established at trial that these “dime bags” small packets wrapped in aluminum foil containing about one milligram of heroin are commonly used in passing heroin on the streets. The authorities also found some butts of marijuana cigarettes in the same bedroom drawer. While the authorities were searching the apartment, defendant remarked to them, referring to the thirty “dime bags”, “I bet you didn’t think I could package it up that quick”.

A Jacksonville Intent to Distribute Lawyer said that, the indictment charged possession with intent to distribute only the 6¼ grams found on the coffee table. The Government relied upon the 30 “dime bags” to prove that defendant had the requisite intent to distribute. A New York Criminal Lawyer said its theory was that the heroin found in packages suitable for street distribution indicated that defendant was a dealer in heroin; that he had received the 13-gram package delivered in the mail for the purpose of selling or distributing most or all of the 13-gram quantity; and that he therefore intended to distribute the 6¼ gram quantity found on the coffee table.

Published on: October 1, 2012

Defendant Claims Insufficiency of Evidence

by Stephen Bilkis

In this case, the appellant was tried before the court without a jury and found guilty of the crime of breaking and entering a dwelling with intent to commit a felony, to-wit, grand larceny, and of the crime of grand larceny. A New York Criminal Lawyer said that separate sentences were imposed thereon for imprisonment for a period of three years, with provision for the sentences to be served concurrently.

On appeal therefrom, it was contended that the court erred in denying appellant’s motion for acquittal on the ground of insufficiency of the evidence, and further that it was error to impose more than one sentence.

Upon review of the case, the court found no reversible error therein.

Published on: September 30, 2012

Appellant Contends Summary Judgment was in Error

by Stephen Bilkis

In her complaint the appellant averred that she was maliciously prosecuted when the appellees, acting in concert, caused her arrest and induced the County Solicitor of Dade County to file information in which she was charged with grand larceny, a charge the appellees knew was false. The pleader detailed the procedure following the filing of the information, related the embarrassment she endured and the damage she suffered, and she repeated the charge that the prosecution was instigated through malice without probable cause. A Dade Grand Larceny Lawyer said that, it was stated in the complaint that appellant pleaded not guilty upon arraignment, waived a jury and was found not guilty by the Judge of the Criminal Court of Record.

A New York Criminal Lawyer said that, summary judgment in favor of the appellees, who were defendants in the circuit court, was entered by the judge when he concluded that no genuine issue of fact was presented and that the movants should prevail as a matter of law.

The issue in this case is whether the Circuit Court Judge erred in granting summary judgment in favor of the appellees.

Published on: September 27, 2012

Court Decides if Prior Convictions Can Be Used to Impeach Defendant

by Stephen Bilkis

This case is about an appellant who was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). A New York Criminal Lawyer said the appellant argued that the evidence presented by the prosecution was insufficient to support his conviction. Although the sufficiency of the proof presented a close question, after thorough review, the court held that the State did present a prima facie case and that a judgment of acquittal was not required.

The case however was reversed on the ground of evidentiary rulings as to prior convictions. The question concerns the impeachment of appellant under Section 90.610, Florida Statutes (1981), on the basis of two prior petit larceny convictions. The trial court ruled that these prior petit larceny convictions could be used for impeachment purposes and threatened to hold appellant in contempt if he took the stand and testified that he had not been convicted of a crime. Appellant did testify and on direct examination stated he had been convicted of a crime twice.

The old rules on Evidence provide that a witness was subject to being impeached with evidence of a prior conviction of any crime, excluding violations of a municipal ordinance. Jurisprudence prior to the amendment of the rules established that “a crime is a crime”. A New York Criminal Lawyer said the argument that discrediting crimes must involve moral turpitude was expressly rejected.

Published on: September 24, 2012

Court Hears Motion for Summary Judgment Case

by Stephen Bilkis

A motion was filed by the defendant for summary judgment of the case in its favor. The plaintiff is a Swiss bank that filed a case against the New York Company who committed bank fraud, particularly, fabricated and sold the promissory notes of the bank amounting to $5 million. The Swiss bank further alleged that the notes sold by the company defendant was part of a global fraud scheme to raise funds in favor of an Italian food conglomerate as payments of loan by the former to the latter.

The bank fraud was conducted through issuance of the notes by one of the company’s subsidiary in Uruguay, which was then sold to a defendant’s affiliate where the Swiss bank purchased the promissory note. A New York Criminal Lawyer said the note is with attachments of a guarantee of payment executed by the subsidiary company and a side letter from the affiliated company. The letter contained a certification that the proceeds of the notes will be used to finance the expansion of the Italian food conglomerate and for the upgrade of its industrial plants at various South American countries.

However, during the time of the purchase of the notes, the food conglomerate financial conditions were worsening and the governments of Brazil and Italy conducted criminal investigations of the Italian food conglomerate financial structure due to the financial distress status of the company and such became a public knowledge. The notes purchased by the plaintiff matured in 2004 but have not been repaid. One of the issued notes was then sold to the bank’s affiliate. The Swiss bank also filed a claim on the notes in the bankruptcy proceedings commenced by Italy against the Italian food conglomerate.

Published on: September 18, 2012

Defendant Contends That Dendants

by Stephen Bilkis

On September 24, 2005, Police Officer Frantz Demorin of the 47th Precinct was on uniformed patrol with his partner, Police Officer Merritt, traveling southbound on Bronx Boulevard in the Bronx. Officer Demorin was driving the patrol car and his partner was seated in the front passenger seat. As he approached the vicinity of 3308 Bronx Boulevard, Officer Demorin observed a parked vehicle with two individuals inside of it. Officer Demorin testified that the neighborhood was a “high prostitution and narcotics” area. Officer Demorin pulled up alongside the vehicle, with the passenger side of the patrol car next to the driver’s side of the vehicle, and asked the occupants what they were doing and whether they lived in the area. Officer Demorin had this conversation with the occupants “through his partner through the other car”. Officer Demorin testified that he did not recall “exactly what the answer was”.

A New York Criminal Lawyer said that, after making this initial approach and inquiry, Officer Demorin and his partner exited their patrol car and approached the vehicle on foot. Officer Demorin testified that they approached the car on foot “just to make a common inquiry”. When asked the nature of this inquiry, Officer Demorin replied, “as to what they were doing in the area, if they lived in the area”. Officer Demorin testified further that he made this inquiry “because of the nature of the area it’s a high prostitution and drug crime prone location”. He added that he was trying to find out “if any illegal activity was afoot”.

Officer Demorin walked around to the passenger side of the vehicle where a female passenger was seated and his partner approached the driver’s side. Officer Demorin testified that from where he was positioned on the passenger side of the vehicle, he was able to observe the driver, subsequently identified as the defendant, make a sudden “downward” gesture with his hand.

Published on: September 16, 2012

Defendant Questions Probable Cause in Arrest

by Stephen Bilkis

Two known low-level drug dealers who sold marijuana were found shot in the apartment they shared. The police were investigating the murders. The police then questioned their known associates. A New York Criminal Lawyer said one of the murder victims’ known associates the police talked to admitted that he was in the apartment on the day before the murders and saw a man from the Caribbean buy half a pound of marijuana from the victims.

The known associate also told the police that the man from the Caribbean agreed to buy at least thirty kilos of a new shipment of marijuana from the murder victims. They agreed to meet the next day so that the man from the Caribbean can finally buy the marijuana. The police detective showed the known associate of the murder victims and he identified a picture of the man from the Caribbean.

The police detectives went in search of the man from the Caribbean and found him in an apartment. When the police were near the apartment door, they could smell the odor of marijuana. So the police detectives pounded on the door of the apartment. The man from the Caribbean came to th door. A New York Criminal Lawyer said the police detectives could smell the marijuana odor emanating from the open doorway of the apartment. They then asked the man from the Caribbean to step out of the apartment. They frisked him and handcuffed him. The officers asked him if there were any other occupants or residents in the apartment and the man from the Caribbean said that his brothers and his girlfriend were in there.

Published on: September 16, 2012

Defendant Files Application for Resentencing

by Stephen Bilkis

A man was convicted of having committed the crime of criminal possession of a weapon in 1993 and he was sentenced to serve one year in jail. In 1995, the same man pleaded guilty to a charge of federal racketeering and conspiracy. He served a prison term of six years.

In September 2003, the man was arrested by police officers who had been tailing and conducting surveillance on him. A New York Drug Crime Lawyer said he was seen selling one bag of heroin to another man. When he was arrested, the police officers frisked him and found eighteen other bags of heroin in the pocket of his jacket. He was charged with criminal heroin possession in the third degree. He was convicted by a jury and sentenced to a maximum prison term of twenty years and a minimum prison term of ten years.

He appealed but his appeal was denied after two years. In the meantime, the man had finished serving six years of his minimum prison term of ten years. While he was serving his prison term, the legislature of New York passed the Drug Reform Law. A New York Criminal Lawyer his new law aimed to reduce the prison sentences of low-level drug offenders by allowing them to apply for resentencing. If approved, they will be resentenced to a lower sentence provided that when the convicted felon applies for resentencing, he is currently in the custody of the Department of Corrections as he is serving a prison sentence; he was convicted of a Class B felony which was committed before the law was made effective; and the man was not convicted of another crime within the last ten years.

Published on: September 15, 2012

Court Looks at Illegal Contraband Case

by Stephen Bilkis

In this case, two police officers were on routine motor patrol in Bronx County when they observed a car with its trunk lock “popped out.” They directed the driver of the car to stop. As the officers approached the car, a single passenger in the rear appeared to be fumbling with something. That passenger opened the rear door and attempted to flee. One of the officers grabbed him, and, after a struggle, succeeded in removing defendant’s hand from his left front outer jacket pocket. The officer recovered a brown paper bag which, upon later discovery, contained cocaine of an aggregate weight of 8 7/8 ounces. A New York Criminal Lawyer said the motion court concluded that the evidence, before the Grand Jury, of defendant’s knowledge of weight was legally insufficient to sustain the charge of criminal cocaine possession of a controlled substance in the first degree. It, therefore, reduced count one of the indictments from criminal possession of a controlled substance in the first degree to criminal possession of a controlled substance in the seventh degree. The Appellate Division affirmed.

The police stopped defendant for a traffic infraction while he was driving in Bronx County. A plastic bag containing 3 1/4 ounces and 3 grains of cocaine was recovered from the automobile. The motion court found no evidence of defendant’s knowledge of the weight was presented to the Grand Jury. It reduced count one of the indictments from cocaine possession of a controlled substance in the second degree to criminal possession of a controlled substance in the seventh degree. It also dismissed count two of the indictment which charged criminal possession of a controlled substance in the third degree. The Appellate Division modified in the case by reinstating count two, and otherwise affirmed.

A New York Criminal Lawyer said that, in a joint memorandum which determined both Sanchez and Garcia, the Appellate Division noted that the trial court properly concluded that the evidence before the Grand Jury was insufficient to establish that defendants possessed the requisite knowledge of the weight of the substance they possessed. Regarding the defendant, the Appellate Division determined that the trial court erred by dismissing count two of the indictment charging defendant with criminal possession of a controlled substance in the third degree. The Court reasoned that intent to sell may be established by proof that a defendant possessed a significant quantity of drugs. Thus, as to the present case, the Appellate Division reinstated count two of the indictment. A Judge of this Court granted the People leave to appeal in both cases, and, in the present case, granted defendant leave to cross-appeal.