This is a case of the People of the State of New York versus the defendant Carlos Hairston. The case is being heard in the Kings County Supreme Court.
Indictment
A New York DWI Lawyer said the defendant in this case is being charged with rape in the first degree, predatory sexual assault, as well as other charges.
One early morning two men wearing ski masks robbed a store. One of them carried a handgun and wore latex gloves and the other was armed with a black shotgun. The robbery happened at around 4:30 A.M., which was half an hour before the store was scheduled to open. A New York DWI Lawyer said the two men came from behind a dumpster at the rear of the store and confronted the two male employees, one unloading a delivery truck and the other taking out the trash. The two employees were directed into the rear of the store and told to lie down in the storeroom. The man with a handgun demanded the cash from the employees and kept watch over them. The other man with the handgun moved to the front of the store where he encountered a female employee, whom he repeatedly punched in the face and then dragged by her hair to the store safe. The man then demanded the female employee to open the store safe. The two men fled with approximately $1,800.
During the investigation, police revealed evidence which led them to conclude the identity of the two men who robbed the store. The first man was charged with multi-count criminal charges. After a jury trial, the man was found guilty of robbery in the first degree, attempted robbery in the first degree, robbery in the second degree, attempted robbery in the second degree and conspiracy in the fourth degree. He was sentenced to an aggregate prison term of 14 years with five years of post release supervision. The man then filed for an appeal.
The man initially argues that the decision was against the weight of the evidence because of a different decision would not have been unreasonable. A New York DWI Lawyer said that based on records, the evidence included the fact that the man had previously worked at the store and bragged to some of his friends that robbing the store would be easy. The female employee, who had worked with the man at the store, testified that when the man in the rear of the store called to the front, the voice sounded like the man.
A man was charged for attempted murder in the second degree, assault in the first degree and criminal use of a firearm in the first degree. The charges were an incident which happened one evening at the corner of an avenue. A New York DWI Lawyer said the complainant together with another friend was approached by the man with his two companions. The discussion among them about the recent theft of the bicycle escalated into a heated argument at which the man told the complainant to mind his own business. The complainant hit the man once, whereupon the man took his gun out of his trench coat’s pocket, pointed it at the complainant’s face and fired. The complainant turned his head away from the shot and the bullet entered his left temple, lodging outside the brain case, where it remains. As the complainant ran from the scene seeking transportation to the hospital, the man held onto the gun and also left the area.
After a non-jury trial, the man was convicted of assault in the second degree and criminal possession of a weapon in the third degree. He was sentenced to consecutive indeterminate terms of imprisonment of two to six years and one year eight months to five years. However, the man moves to set aside the sentence on the grounds that consecutive sentences were unauthorized and illegally imposed.
Consequently, the man was acquitted of the charges of attempted murder, assault and criminal use of a firearm but was found guilty of the lesser-included crimes of assault in the second degree causing physical injury to the complainant and criminal possession of a weapon in the third degree having the gun in his coat pocket when he arrived at the scene and when he left the scene.
The manager of a gas station was sitting in between the two gas pumps on the night of August 10, 1977. As he was sitting there, two men came to the station on foot asking him if he fixed tires at the gas station. The manager looked at the two men and something about them made him nervous. He talked with the men but he activated the transmitter in his pants pocket. The transmitter in his pocket set off a silent alarm in the sales office and the alarm dialed the number of the police station and played a pre-recorded message that the gas station was being robbed.
In the meantime, after the man activated the transmitter, his suspicions were confirmed for the two men announced that they were holding up the gas station. A Nassau County DWI Lawyer said they threatened to blow up the manager’s head off, telling him that they had a gun. They emptied the manager’s pockets and took $35. They also took the transmitter. They asked him what it was for but the manager didn’t answer. Again the armed men threatened to blow the manager’s head off.
They took him inside the sales office and they emptied the cash register of all the money. Then they took off on foot toward Taft Avenue. About six minutes after the manager had triggered the transmitter alarm, a cop came driving up. He had heard from the radio dispatch that a robber was in progress at the gas station and he responded as he was near.
On 17 April 2006, the victim, age 17, was in a backyard located at Farmers Boulevard, Hollis, New York visiting with his friend. Defendant was the owner of the premises.
At approximately 1:50 p.m., while the victim and his friend were working on a car in the backyard, the victim was fatally shot by a gunman who approached them. A New York DWI Lawyer said when the police arrived on the scene, the victim was still conscious and told the police that he was shot by someone who came up and shot him from the adjoining yard.
Thereafter, the victim was taken to Mary Immaculate Hospital where he was operated for his gunshot wound. However, at 8:26 a.m. the next morning, he died, never regaining consciousness.
The Facts:
On 3 November 2007 at approximately 12:15 a.m., in front of 212 East 122nd Street in New York County, a police officer observed one of the defendants (herein co-defendant) hand to the minor defendant (herein defendant) one (1) clear bag containing marihuana in exchange for a sum of US currency. A New York DWI Lawyer said that immediately after the minor defendant walked away from the co-defendant, the officer observed the co-defendant make a cellular telephone call. Several seconds later, the minor defendant walked up to the co-defendant who then handed the defendant a sum of US currency.
Defendants were arrested and charged with a single count of Criminal Sale of Marihuana in the Fourth Degree, a drug crime.
In 1993, the New York State Drug Enforcement Task Force began investigating a narcotics-trafficking ring centered at a Queens County garage known as W & G Auto Repair, which was operated by another individual. Surveillance and wiretaps revealed evidence of an interstate scheme by which cocaine was secreted in hidden automobile compartments and driven from San Francisco to New York. Defendant was the West Coast partner of the New York garage operator together with another person. A New York DWI Lawyer said another man oversaw transportation of the drugs cross-country. Defendant and his cohorts employed other individuals to drive, store and protect the drugs and equipment.
Between 13 April and 17 April of 1994, the task force intercepted a series of telephone calls defendant had with the other operators and the person in charged with the transportation about a planned shipment of cocaine from San Francisco to Queens County. The drugs were slow in arriving due to an overheated car. Task force members tried to intercept the delivery in Queens on April 17, but arrived too late at the exchange location, believed to be a McDonald’s at 204th Street and Northern Boulevard. That night, the New York Operator called defendant and told him that the transport of at least 65 kilograms of cocaine was a success.
Based on a series of calls intercepted between 13 May and 19 May 1994, the task force learned of plans to use three cars (white, blue and green) to transport cocaine from San Francisco to New York. Defendant was in New York City for four days, from May 13 to May 16, meeting with his cohorts. During his stay, he made telephone calls to his California subordinates. He gave detailed instructions to them on preparing the cocaine for shipment to New York City via automobile, and planned to pay the travel expenses of a driver.
The Court of Appeals held that a conviction of criminal sale of a controlled substance premised upon an offering for sale theory must be supported by evidence of a bona fide offer to sell, which means that the evidence must show that the accused had both the intent and the ability to proceed with the sale. The accused assert that the evidence supporting the conviction was insufficient because no drugs were recovered by the police upon their arrest. A New York DWI Lawyer said they also claim that the court erred in failing to specifically instruct the jury that it could convict the accused only if it found that they had both the intent and ability to proceed with the sale.
The case originates from community complaints received by the New York City Police Department regarding drug crime and narcotics sales in Manhattan. A New York DWI Lawyer said in response, an undercover buy-and-bust operation was organized for the afternoon of April 24, 1998, in which undercover officer would attempt to purchase drugs at the location, a location where he had previously purchased crack and guilty of cocaine possession.
On that day, the undercover approached a group of individuals using the street term for crack, asked where he could get some. The accused the undercover what he was looking for and the undercover responded. The accused told the undercover he only had $10 per bag and the undercover ordered two dimes.
Police officers were assigned to conduct surveillance of an apartment in Brooklyn on suspicion of sale and possession of heroin. The police observed the apartment from 11 am to 1:30 pm of October 22, 1971 before one occupant (the first man) of the apartment came out. Forty-five minutes after that a second man knocked on the apartment door and spoke with the man who opened the door. A New York DWI Lawyer said the second man entered the apartment. An hour later, the second man came out of the apartment accompanied by the owner of the apartment.. The police arrested these two men.
When the police were approaching the apartment, the man who first left the apartment came back. The police arrested him as he got off the elevator. The police knocked at the door and a fourth man answered the door. The police entered the apartment and found a woman lying naked on the bed under the blankets.
On the kitchen table, the police found one thousand three hundred plastic sachets. A New York DWI Lawyer said they also found two huge plastic bags with white powder; a big plastic bag contained capsules. They found a scale, three boxes of cellophane, and a box of rubber bands.
On the night of March 12, 1976, an attorney was at the home of an 18-year-old girlfriend of his. He was known to use heroin. He had offered the girl’s brother some in the past. The girl’s brother later testified in court that on this night, he went to his sister’s room and knocked. She did not answer her door and it was locked. He left and returned later. He again knocked on the bedroom door of his sister. This time the door was opened by the attorney. The brother could see his sister in the bed gasping for air and breathing heavily. The boy asked if she was OK and was advised by the attorney that she was just coming down from some depressants. A New York DWI Lawyer said the attorney told the girl’s brother that she would be OK in the morning. The boy went in to check on her and the attorney grabbed his briefcase and left in a hurried fashion.
The girl passed out and the brother left her in her room because the attorney had said that she would be all right. The attorney went to the home of a different friend and was in an agitated state. He informed the group of friends that was gathered there that he had injected the girl with a small amount of heroin in her buttocks. He said that he panicked when she passed out and ran out of the house. The following morning, the brother found his sister dead.
Several months later, the attorney was arrested in connection with the girl’s death. A New York DWI Lawyer said he was indicted and convicted of manslaughter in the second degree, and criminal injection of a narcotic drug. He had been charged with criminally negligent homicide as well, but he was acquitted on that charge. He filed an appeal. The defendant maintains that the prosecution did not have sufficient evidence to corroborate the information that they had obtained from the civilian witnesses that he had confessed to. He maintains that if the prosecution does not have sufficient evidence to prove the case, then there should be no conviction based solely on statements that he may have made to third parties after the event.
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