New York Criminal Lawyer Blog
At trial, the complainant presented evidence against a man, who was alleged member of a group who brought cocaine from San Francisco to New York. The man’s conviction was the result of a multistate investigation of a drug conspiracy involving parties in San Francisco, New York and Chicago. The drug enforcement task force began the investigation and the transportation coordinator for the drug network was known for an alias.
The possession counts against the criminal offender were for the cocaine possession on a white Mazda, cocaine possession on a blue Volvo and cocaine searched at a stash house.
Phone calls between the offender and other members of the conspiracy were frequent. The offender, from California, had most of his conversations about the status of the drugs and their shipment with leader of the drug enforcement task force. The leader, from New York, originated the majority of the phone calls between the two.
The leader called the offender twice to discuss the status of a shipment of drugs being driven by a man, who was delayed by his overheated car. Then, the offender discuss the arrangements that the driver had to be paid $20,000 for his role in transporting the drugs to New York and the leader also told the offender of his plans to buy Volvos with hidden traps.
Subsequently, the leader called the offender to discuss the return of another person from Chicago with drugs in a blue car, the driver’s payment and the possibility that the transportation coordinator had stolen five kilograms of cocaine. Later, the leader called again the offender to discuss the narcotics exchange between the driver and the person from Chicago. No robbery charge was made.
The leader called the offender and told him that his companion wanted the offender to leave the white car the way it was and fill up the space in the blue and green cars. The leader and the offender also discussed how many kilograms of cocaine should be put in each car. Later, the leader called the offender, and the offender told him he would put 21 kilograms of cocaine in the white car so the driver could pick it up. The offender also advised the leader to tell his companion that he would try to send out the white, green and blue cars. The offender assured him that all the narcotics had been removed from the stash house. The offender also told the leader that a woman may have taken the blue Volvo and the driver was taking the white Mazda. The offender again assured the leader that he removed the drugs from the stash house. After the driver was initially stopped and searched on his way to the airport in the white Mazda and no drugs were found, the leader called the offender who told the leader he would pressure the transportation coordinator to get the Mazda. The leader overruled the suggestion and the driver continued to drive the Mazda until it was stopped and searched again. Twenty-one kilograms of cocaine were found. The law enforcement agents seized the drugs and the car but without the driver. This is more than a misdemeanor.
The leader called the offender to relay information that the driver of the Volvo was under investigation for being in the car and the transportation coordinator was on his way to Los Angeles. The offender told the leaser about the police raid of the stash house and the leader suggested the offender to rent an apartment outside of the town to store the drugs until a worker arrived to retrieve them. The leader and the offender spoke three more times.
The offender also made a phone call from New York. While visiting New York to get license plates, the offender used the leader’s cellular phone to call another man in California to give directions concerning his departure the following day. During the call, the offender requested that the transportation coordinator get the keys to the blue car from the driver and give them to the person from California. The offender also told the transportation coordinator that he was bringing license plates from New York and registration for the blue car with him. The offender directed the transportation coordinator to take the white car and also took responsibility for the driver’s traveling expenses. Sex Crimes were not involved.
The offender also called New York from California on several occasions. The offender called the leader to assure him that he had prepared and checked the kilograms of cocaine that were to be sent to New York. Then, the offender called again to question whether the person from California had parked the blue Volvo containing 30 kilograms of cocaine at the shopping center. The offender told the leader that he will park and wait for the driver to arrive so that they could do a car switch and they could take the white Mazda. The offender also expressed concern about the drugs being removed from the stash house and told the leader to speak with his companion to get the transportation coordinator to New York. Later, the offender and the leader expressed suspicion about the transportation coordinator’s account of the arrests and the leader emphasized the importance of protecting the narcotics in the green car, which the driver was driving east so the organization could break even despite the loss of the white Mazda and the blue Volvo.
Other accomplices called a person in California to discuss shipments to New York. The leader’s companion called the offender and discussed the driver’s aborted trip in the white car and the transportation coordinator’s preparations for the driver to, instead, drive the blue car. The offender told the leader’s companion that he would send the lady in the green car and the driver in the blue car. He also promised to remove the smell of narcotics from the car.
The offender was arrested in front of his house in California. When the offender was searched business cards, three telephone books containing the transportation coordinator’s name, beeper number, the leader’s name and telephone number were recovered to him. A search to the offender’s home also found some business cards, a credit card with the leader’s name on it and a corporate credit card with the leader’s name on it. A search of the auto repair shop was conducted and found three cars with traps to cover up narcotics identical to hidden compartments in the blue Volvo seized previously.
The offender was convicted of conspiracy in the second degree and three counts of criminal possession of a controlled substance in the first degree. The offender’s sentence included 12½ to 25 years for conspiracy, to run concurrently with terms of twenty years to life on two possession counts, and a consecutive term of 15 years to life on the third possession count.
The judge also granted the offender leave to appeal. On appeal, the offender challenges the city’s exercise of territorial jurisdiction on the possession counts and argues that his counsel was ineffective. He contends that the convictions for criminal possession of a controlled substance should be reversed and the indictment as to those counts will be dismissed.
Consequently, the court decided and affirmed that the offender’s conviction on the drug possession counts is vacated and the indictment on those counts is dismissed.
The presence of controlled substances in a community aggravates the social problems affecting young individuals. If you obtain problems with the same matter, you can seek help from the NY Drug Crime Attorney for you to avail legal representation. You can also ask assistance from the New York City Criminal Attorney of Stephen Bilks and Associates office.