New York Criminal Lawyer Blog
This is a direct criminal appeal from the defendant who is seeking a review of his convictions for purchase of marijuana or possession of marijuana with the intent to purchase it and for attempted possession of more than 20 grams of marijuana. There are four issues in the case being raised by the appellant.
The first issue that the appellant raises is whether or not it was an error to deny his motion for dismissal and subsequent motion for judgment of acquittal base on an entrapment defense. The second issue is whether it was an error to deny his motion to dismiss based on allegations that the state had failed to produce exculpatory evidence. A New York Criminal Lawyer said the third issue is whether it was an error to deny his motion for judgment of acquittal on the charge of purchase of marijuana or possession of marijuana with the intent to purchase it based on legal insufficiency. The final contention that the appellant offers is whether it was an error to deny the motion for arrest of judgment on the charge of purchase of marijuana or possession of marijuana with intent to purchase on the ground of inconsistent verdicts.
Case Background
The jury returned with verdicts in this case that found the appellant guilty of the first charge of purchase of marijuana and guilty of attempted possession of more than 20 grams of marijuana in regard to the second count of the indictment.
The evidence of the case was provided by the undercover agent from the police department that was involved in the defendant being apprehended. Two informants introduced the appellant to the undercover agents. The officers offered to sell the defendant a pound of marijuana.
A Brooklyn Criminal Lawyer said the appellant was handed a bag of marijuana by the officers and he looked it over and determined that it was not very good quality. He asked if he could smoke some to test it and the officers agreed. He rolled a joint and smoked it. Additional negotiations took place and the defendant stated that he might purchase a half a pound for the price of $500.
The officer began breaking up the pound of marijuana. When this task was completed he asked to see the money. The defendant pulled out a wad of cash. Before the defendant handed the undercover agent the money and before the marijuana was handed to the defendant, back up officers entered and arrested the defendant.
Court Discussion and Decision
When reviewing the facts of the case the court finds that the evidence is legally insufficient to support a guilty verdict for the purchase of marijuana because the appellant was arrested before the actual transaction took place.
However, the court finds that there is enough evidence to support the verdict of guilty of attempting to possess more than 20 grams of marijuana. For this reason this portion of the conviction is upheld as is the sentence.
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