Articles Posted in Drug Possesion

People v. Holmes

Court Discusses the Creditably and Reliability of Information Received by Informant

The defendant was arrested after a registered informer, told the police that a man fitting his description was selling cocaine in front of a bar in Manhattan. The informer stated the clothing that was being worn by the defendant, age group, his race and where he stored the cocaine in his clothing. Two police officers searched the defendant who matched the description of the informer and they found 19 tinfoil packets of cocaine. The defendant was charged with attempted criminal possession of a dangerous drug in the 4th degree and was convicted of the charge. The defendant was sentence to a term of one year imprisonment and later appealed the conviction. The ground of appeal was that there was no probable cause for the warrantless search by the police officers as such the cocaine found on the defendant’s person should have been suppressed.

Charged by information with criminal sale of marijuana in the fourth degree and criminal possession of marijuana in the fifth degree, defendant previously moved to dismiss both counts of the accusatory instrument for facial insufficiency.

A New York Criminal attorney said that in order to be sufficient on its face, an information must provide reasonable cause to believe that the defendant has committed the crime charged and contain nonhearsay allegations that, if true, establish every element of the crime and its commission by the defendant. In effect, defendant contends that the facts alleged in the accusatory instrument do not provide reasonable cause to believe that what was sold here was marijuana.

The misdemeanor complaint alleges that defendant was observed by a police detective handing “a small object” to an identified, separately charged individual, in exchange for which the second individual handed United States currency to defendant. Thereafter, the detective is alleged to have recovered four bags of marijuana from the ground where defendant was seen to throw them, 32 bags of marijuana from defendant’s pants pocket, and, most significantly, two bags of marijuana from the second individual’s jacket pocket.

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A single woman, forty-year-old, currently employed at a large children’s media company as a vice president for event marketing, and earns over $200,000 per year. She has appreciable savings and assets. She also volunteered mentoring young girls.

She decided to pursue a family by way of adoption. She then contacted a social worker, and commenced the home study process. She originally wanted to adopt a child from other country, however she decided to adopt domestically because of the lengthiness of the international process.

Subsequently, the woman placed an adoption advertisement in a newspaper and a mother responded to it. The woman sent the mother an adoption profile and they communicated regularly via telephone and e-mail. The mother found the woman to be warm and chose her to be her child’s adoptive parent.

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A Kings Drug Possession Lawyer said that, defendant is charged with one count of criminal possession of a controlled substance in the seventh degree, a class A misdemeanor. Pursuant to the Criminal Court complaint, a paralegal with the Kings County District Attorney’s Office states that she is informed by Police Officer that on or about April 19, 2009, at 7:32 P.M. at 390 Nostrand Avenue, County of Kings, City and State of New York, defendant was in possession of crack cocaine. The Criminal Court complaint cites the police officer’s “professional training” in the “identification of crack cocaine possession,” and notes that the officer “has previously made arrests for the criminal possession of crack cocaine,” and “is familiar with the common methods of packaging crack cocaine possession.”

A Kings Criminal Lawyer said that, defendant was arraigned before this court on April 28, 2009. At that time, the People filed a supporting deposition signed by the Police Officer, which identified the contraband seized as a “glass pipe containing crack cocaine residue.”1 The People then asked that the complaint be deemed an information. The defense objected, on the grounds that in the absence of a laboratory analysis of the substance recovered, there is no reasonable or probable cause “to believe that the substance involved is a controlled substance.” The court asked the parties to brief this issue, before determining whether or not a laboratory analysis would be necessary before the complaint could be deemed an information. The defense submitted their memorandum of law on May 7, 2009; the People filed theirs on May 20, 2009.

A Kings Marijuana Possession Lawyer said that, on June 1, 2009, the People filed a statement of readiness with a certified laboratory analysis attached, which indicates that the substance recovered is, in fact, cocaine residue.

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This is a proceeding wherein the defendant is charged with Attempted Resisting Arrest and Criminal Possession of Marijuana in the Fifth Degree, both Class B Misdemeanors, as well as Unlawful Possession of Marijuana, a violation.

On the consent of the People and pursuant to People v Dunaway, Mapp v Ohio and People v Huntley, a hearing was held in this matter on 19 October 2012.

At the hearing, the People offered the testimony of two witnesses: Sergeant and Police Officer. The defense offered the testimony of one witness, A.

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Originally, defendant was charged by complaint dated 4 November 2006 with assault in the third degree in accordance with Penal Law § 120.00 [1], a class A misdemeanor; menacing in the third degree in accordance with Penal Law § 120.15, a class B misdemeanor; criminal mischief in the fourth degree in accordance with Penal Law § 145.00 [1], a class A misdemeanor; resisting arrest under Penal Law § 205.30, a class A misdemeanor; unlawful possession of marijuana under Penal Law § 221.05, a violation; and harassment in the second degree under Penal Law § 240.26 [1], a violation.

It was alleged in the complaint that the defendant punched the complaining witness several times and damaged the complaining witness’ car and cell phone. The complaint further alleges that the defendant resisted arrest by going limp and kicking at the arresting officer, and that the defendant had a quantity of the drug marijuana in his pocket.

The People concede that speedy trial time has elapsed as to the counts of assault in the third degree, harassment in the second degree and menacing in the third degree. The defendant argues that the People cannot be ready to proceed to trial on only part of a complaint. The issue in this case is whether the People can be ready for trial on some of the counts in a complaint, but not on others, under the method generally referred to as partial conversion.

A Kings Criminal Lawyer said that, defendant was issued three summonses on December 18, 2005. When Defendant failed to appear for arraignment, the People requested the court to issue an arrest warrant for her appearance pursuant to section 120.30 of the CPL. In deciding whether or not to issue the warrant, the court must determine whether the summonses in question are legally sufficient to proceed with prosecution. The offenses charged in the summonses will be analyzed seriatum.

A Kings Drug Possession Lawyer said that, on the first summons, Defendant is charged with violation of section 240.35(3) of the Penal law, which states: A person is guilty of loitering when he loiters or remains in a public place for the purpose of engaging, or soliciting another person to engage, in oral sexual conduct, anal sexual conduct or other sexual behavior of a deviate nature. In the portion of the summons in question the police officer wrote: At T/P/O Deft. Was in a known prostitution prone location and was observed by P.O. soliciting sexual favors.

A Kings Marijuana Possession Lawyer said that, the second summons issued to Defendant is based on section 221.05 of the Penal Law, Unlawful Possession of Marijuana, which states: A person is guilty of unlawful possession of marijuana when he knowingly and unlawfully possesses marijuana.

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The police executed a search warrant on 15 October 2008 at approximately 6:15 p.m. In the second floor apartment of 367 East 46th Street in Kings County, the defendant’s admitted residence, he was observed alone in a bedroom from which the police recovered, inter alia, approximately 3½ ounces of a substance containing cocaine, a scale, a box of .45 caliber ammunition, and 675 dollars. The defendant was arrested and subsequently indicted for two counts of Criminal Possession of a Controlled Substance in the Third Degree (PL § 220.16[1] and [12]) and other lesser charges. He has no predicate felony convictions and no other pending felonies.

This case was referred to the Brooklyn Treatment Court on 16 November 2009, upon the defendant’s request for judicial diversion. It is undisputed that he is an eligible defendant for judicial diversion as defined in CPL § 216.00(1). Nevertheless, the People object to his diversion into treatment, arguing that the allegations concerning his possession of a large quantity of cocaine and money, a scale, and ammunition indicate that he is a drug dealer, not a drug addict. Notably, the amount of cocaine allegedly recovered falls a mere ½ ounce short of a felony weight, which would have made the defendant ineligible for diversion absent the People’s consent. Moreover, according to the transcript of the search warrant application, the defendant sold crack cocaine to a CI from this location on two occasions.

The Court ordered an alcohol and substance abuse evaluation, over the People’s objection, to determine whether the defendant has a history of alcohol or substance abuse or dependence and whether he should be offered judicial diversion for treatment. The defendant, on 1 December 2009, was assessed by the Diversion Case Manager, an Addiction and Substance Abuse Counselor credentialed by the Office of Alcoholism and Substance Abuse Services pursuant to MHL § 19.07.

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This is a proceeding wherein the defendant is charged with Criminal Trespass in the Third Degree (Penal Law § 140.10(e)) and Criminal Possession of a Controlled Substance in the Seventh Degree (Penal Law § 220.03). Defendant moves to suppress drugs found during the arrest and to suppress statements made to the police.

On 18 April 1996, a hearing was held. Police Officer J testified for the People. The defense called no witnesses.

The court finds the officer’s testimony credible.

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In June 2000, Defendant was charged with Criminal Possession of Marijuana in the Fourth Degree (PL Sec. 221.10), a Class B misdemeanor, and a related charge. The next day, Defendant entered a plea of guilty to the above-stated charge and received a sentence of one year of probation. A surcharge in the amount of $120.00 was also imposed.

A Kings County Criminal Possession of Marijuana attorney said that defendant has not appealed her conviction in this matter.

Before addressing the merits of Defendant’s Motion, the Court finds that a formal hearing in this matter is unnecessary. This Court has reviewed the record of the underlying proceedings, as well as the statements of the relevant parties. As such, the Court may be “presumed to be fully familiar with all aspects of the case.'” Therefore, no formal hearing is necessary.

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