New York Criminal Lawyer Blog
This is a case of appeal by the defendant J.T.. The respondent of the case is the People of the State of New York. This case is being heard in the Supreme Court, Appellate Division, Second Department. The defendant is appealing a judgment that was made in the Supreme Court of Suffolk County. The judgment was rendered on the 19th, 1989 and convicted him of the criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree.
Case Background
A New York Criminal Lawyer said on 1985, the defendant, J.T., and his business partner ran a successful roofing business in Suffolk County. They had the business for several years. For several years the defendant, his wife, his business partner, and several of their mutual friends were weekend cocaine users. The defendant used one gram of cocaine a week and this was supplied to him by his business partner.
The defendant met a confidential informant, C.D., in 1980. He met him again in April of 1985 through a mutual friend. The defendant and C.D. became close friends during the following months. The defendant bought increasing amounts of cocaine from C.D..
In July of 1985 a peculiar set of events occurred where the defendant arranged for C.D. to sell his own partner, undercover detective P.M., a half kilo of cocaine for the price of $27,500.
According to the Detective he was pretending to be a drug dealer and it was natural for him to pretend to be seeking new sources of cocaine. The defendant states that C.D. informed him that M. was a major drug dealer and threatened C.D.’s life if he could not come up with the amount of cocaine that he was looking for. C.D. asked the defendant to come up with a half or a kilo of cocaine. The defendant feared for his friends life and agreed to do this.
The defendant attempted to deliver the drugs on the 25th of July, 1985 and the detective rejected the supply stating that it only weighed four ounces. The defendant returned a few hours later with a half a kilo and was arrested.
Case Discussion
A New York Drug Possession Lawyer said the argument on appeal is that the defendant was entrapped. The evidence of the case shows that the defendant had never admitted to dealing cocaine to C.D.. Furthermore, it cannot be implanted in a person’s mind to commit a criminal act. It is felt that this is what happened in this case. The defendant only committed the crime because it was suggested by someone he thought of as a friend.
Furthermore, there is no evidence that has shown that the defendant ever possessed more than a gram of cocaine prior to this point. The idea that he would possess over four ounces and sell this amount is somewhat absurd.
Court Decision
The court orders that the judgment be reversed based on the facts provided in the case. The indictment against the defendant is dismissed and the matter will be submitted to the Supreme Court of Suffolk County to be entered.
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