The defendant in this case is appealing his conviction for multiple drug charges.
Case Background
A New York Criminal Lawyer said the charges that were made against the defendant come from a drug purchase made by an undercover police officer. The purchase took place inside of a house. The defendant along with another man arrived at the house in the car owned by the defendant. The car was left outside of the home before the arrests occurred.
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 firearm and ammunition by a convicted felon.
Case Background
In July, law officers executed a search warrant on the defendant’s residence. A New York Criminal Lawyer said the officers testified that the defendant arrived at his home around 9:45 p.m. and got out of his vehicle and went into the house. Not long afterwards another car pulled up and the defendant came out of the house to talk to the driver of the vehicle. After the driver left the officers executed the search warrant of the property.
The charges in this case arise from five separate incidents, beginning in July 1986. On July 3, 1986, a man representing himself as an executive of a foreign branch of General Electric Corporation, asked that $5,000 in travelers’ checks be prepared and delivered to an associate, K.D. Thereafter, defendant appeared at the offices of General Electric, identifying himself as K.D., and as KD, signed five Citicorp travelers’ checks purchase agreements, one for each of five $1,000 packets of checks, then signed many of the checks in the upper left hand corner, as required of purchasers. A New York Criminal Lawyer said when it was discovered a week or two later that there had been no authorization for the checks, most, if not all, of the checks had been negotiated at various metropolitan locations. A New York Grand Larceny Lawyer said that, defendant was convicted of one count of grand larceny in the second degree for stealing property having an aggregate value in excess of $1,500, three counts of forgery in the second degree and three counts of criminal possession of a forged instrument in the second degree with respect to the travelers’ checks and of forgery in the second degree with respect to the purchase agreement.
Thereafter, defendant stayed at the Days Inn in Manhattan registering as KD, and advancing $140 as a deposit. During his stay, he presented the cashier with a purchase order from the Metropolitan Life Insurance Company, providing that Met Life was to be billed for the room, taxes and incidental expenses. Days Inn refunded defendant his initial deposit and the bill for his four day stay ($819.67) was never paid since defendant was neither employed by Metropolitan nor authorized to present such a purchase order. A Long Island Criminal Lawyer said that, defendant was convicted of criminal possession of a forged instrument in the second degree.
Thereafter, defendant was arrested at the Omni Park Central Hotel when the police traced his car to that location and learned a K.D. was registered there. A Chevron Gulf credit card belonging to RG was recovered from defendant. Upon his arrest, defendant was charged with forgery in the second degree, criminal impersonation in the second degree, and theft of services, all arising from the Days Inn incident. At the trial, a New York Criminal Lawyer said that, defendant was acquitted of criminal possession of stolen property in the second degree relating to the possession of the Chevron credit card.
The indictment charges against defendant with others with various degrees of possession of a dangerous drug are as follows:
Count 1: 1st degree–possession of 16 ounces and more of heroin;
Count 2: 4th degree–possession of a narcotic drug (heroin) with intent to sell; and
The Facts of the Case:
Petitioners were charged with breaking and entering with intent to commit a felony, to-wit: grand larceny. At a jury trial, petitioners requested an instruction on breaking and entering with intent to commit a misdemeanor, petit larceny, but this request was denied. Thereafter, the jury found the petitioners guilty as charged and the criminal court sentenced each of them to fifteen (15) years. On appeal, the District Court of Appeal, Second District, affirmed the guilty verdict holding that the proof of guilt was overwhelming and that any error committed by the court’s refusal of the requested instruction on the alleged lesser offense was harmless.
The case is now before the court for certiorari.
The parties of the case had a quarrel between them wherein the defendant had bitten the complainant during their squabble. A New York Criminal Lawyer said the People filed a motion to order the removal from medical records and non-disclosure of the HIV status of the victim from the defendant. The ground for such an order is based on the complainant’s right to privacy and confidentiality as opposed to the right of information by the defendant.
The court held that grant of the order to redact all references to the HIV status of the private complainant but sought to inform the defendant of such through a physician or health officer. The court ruled that the defense lawyer has the prerogative to disclose the sensitive information to his client but recommended that it be made through a medical doctor or health official.
The parties are residents at an apartment building and both lived in the same floor. In one incident, the defendant thrown anti-gay expressions towards the complainant and subsequently punched the victim’s face and body. Later, the parties had another argument that resulted to the biting of the defendant over the shirt of the complainant which caused the latter’s skin to break. The accused was also alleged to have possession of a knife and that he pushed himself inside the complainant’s apartment. The sister of the victim called 911 who informed the medical attendants that her brother is with HIV and such information was written down in his medical records during his medical treatment at the hospital.
A New York Criminal Lawyer said that, defendant L. is charged with facilitating a felony with respect to a “buy and bust” operation, in that, as reflected in the indictment “the defendant L. believing it was probable that he was rendering aid to T.P., a person who intended to commit a drug possession crime, did engage in conduct which provided such person with the means or opportunity for the commission thereof and which in fact aided such person to commit a felony.”
With the respect to the events underlying the indictment, the grand jury minutes contain the following testimony by the undercover officer, which constitutes all of the evidence as to the defendant’s conduct on October 9, 2006:
“I approached J.B. [defendant L.] and asked him if anybody was out. J.B. stated to me that he was looking too. So then we went together to the front of 1930 Grand Concourse. At that point in time we met with T.P., and J.G. stated to us to go inside the building. So then we went inside the building. I went in the rear with J.B. and J.G.. We walked to the rear of the building to the first floor, up one flight of stairs. At that point in time J.G. stated to me, “How many do you want?” I stated to him, “Two.” He then handed me two glassines which contained alleged heroin which was ink-stamped, “Magic.” I then handed J.G. $20 prerecorded buy money. At that point in time, as we were leaving, J.B. stated to me that I had to like “hook him up.” He then took one glassine from my hand.”
This involves a case where the court dismissed the indictment against defendants for conspiracy in the fourth degree (two counts), hindering prosecution in the third degree (two counts) and official misconduct (two counts).
a New York Criminal Lawyer said that in the early 1960s, JF, a resident of Queens County and meter reader for a company, entered upon a scheme under which he accepted money from various investors, agreeing to pay them a return of 1% A week and explaining to them that this high return was being paid by a factoring company which loaned out moneys to various companies in the fur, textile and other industries where there was a need for immediate cash. In fact, there was no factoring company and JF was merely repaying these people from their own moneys. Among the hundreds of persons who invested with him were members of the staff of the District Attorney of Queens County, including defendants.
In March of 1971, after being the victim of a real or apparent robbery, and being ostensibly unable to continue to pay off investors, JF fled New York City and went to San Francisco. His whereabouts were unknown to the authorities until a year later, when he was discovered by two irate investors and was returned to New York City by them. Within two weeks, he was indicted for 35 counts of grand larceny by a Queens County Grand Jury upon presentation of the case by the District Attorney’s office. At that time, defendant was the District Attorney of Queens County, his son-in-law, was the Deputy Chief Assistant District Attorney and another defendant was a County Detective in the District Attorney’s office.
During the 89th Congress, a Special Subcommittee on Contracts of the Committee on House Administration conducted an investigation into the expenditures of the Committee on Education and Labor, of which petitioner Adam Clayton Powell, Jr., was chairman. A New York Crirminal Lawyer said the Special Subcommittee issued a report concluding that Powell and certain staff employees had deceived the House authorities as to travel expenses. The report also indicated there was strong evidence that certain illegal salary payments had been made to Powell’s wife at his direction. No formal action or criminal charges was taken during the 89th Congress. However, prior to the organization of the 90th Congress, the Democratic members-elect met in caucus and voted to remove Powell as chairman of the Committee on Education and Labor.
When the 90th Congress met to organize in January 1967, Powell was asked to step aside while the oath was administered to the other members-elect. Following the administration of the oath to the remaining members, the House discussed the procedure to be followed in determining whether Powell was eligible to take his seat. A Brooklyn Criminal Lawyer said after some debate, by a vote of 363 to 65 the House adopted House Resolution No. 1, which provided that the Speaker appoint a Select Committee to determine Powell’s eligibility. Although the resolution prohibited Powell from taking his seat until the House acted on the Select Committee’s report, it did provide that he should receive all the pay and allowances due a member during the period.
The Select Committee, composed of nine lawyer-members, issued an invitation to Powell to testify before the Committee. The invitation letter stated that the scope of the testimony and investigation would include Powell’s qualifications as to age, citizenship, and residency; his involvement in a civil suit, and matters of alleged official misconduct.
On this proceeding, a real estate company and a man move for a relief, in which both of them seek inspection of the grand jury minutes, suppression of evidence, discovery and disclosure. The real estate company and the man are both charged under count one with attempted promoting prostitution in the third Degree.
A New York Criminal Lawyer said the City of New York’s proof consisted of the testimony of two undercover police officers. The first undercover officer testified that when he entered in the real estate’s office with another undercover officer and spoke to a real estate agent, he indicated that he wanted to rent a house in the neighborhood. The real estate agent arranged to show a house to the undercover officer. While walking to the house, the real estate agent explained that the owner wanted the house to be used for commercial purposes. The undercover officer speaks with the agent in Spanish language explaining that it would not be a problem because he was in the people’s business and that the house would be the house of prostitution. A Long Island Criminal Lawyer said the real estate agent then allegedly explained to the undercover officer that the house they were going to see would not be suitable for that purpose because it had recently been used as a house of prostitution. It had been closed down by the police, with extensive media coverage. The real estate agent said that he would try to find another house that would be more suitable.
Afterwards, the undercover officer returned to the real estate’s office. On that occasion, the original real estate agent was assisted by the man who was introduced to the undercover officers as being a real estate agent who had some prior knowledge with that kind of business. The man suggested a house that was in a secluded area.
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