New York Criminal Lawyer Blog
A New York Drug Crime Lawyer said the defendant is appealing his conviction of possessing cocaine with the intent to distribute, possessing marijuana, and using a firearm in drug trafficking. He argues for reversal based on a denial to suppress evidence that was found in a search of his home and complains that the evidence in the case was insufficient to support any of his four convictions.
Case Background
Six probation officers acted on a tip that the defendant, who is a state probationer, was in possession of both contraband and firearms contrary to the terms of his probation. The officers arrived at the defendant’s home and he invited them in. The defendant first denied having weapons, but then admitted it and showed three weapons to the officers. A New York Criminal Lawyer said the officers placed him under arrest at this time. The defendant then showed the officers two more weapons. In addition, the officers found several other weapons, drug paraphernalia, and miscellaneous drugs during their search.
The agents then obtained warrants and searched the defendants business and conducted a further search of the residence. At his business the agents found a small bag of marijuana as well as documents showing that the business was owned by the defendant. At the home they found a large quantity of cocaine as well as 444 foil wrapped capsules that were packed in units of 20 to 25 in plastic bags.
Court Discussion and Decision
The defendant was indicted on three drug counts and a count of use of a firearm in relation to a drug trafficking crime. The defendant filed a motion to suppress the evidence that was found in his house and business. The magistrate recommended denying the motion and the district court adopted this recommendation.
The defendant was convicted on all four of the charges. A Nassau County Drug Crime Lawyer said he was sentenced to ten years for the cocaine charge, two years for the marijuana charges, and a term of five years without the benefit of probation, parole, or suspension of the sentence for the firearm count.
In regard to the appeal for not suppressing the evidence, the court finds that the trial court did not error in allowing the evidence that was found in the defendant’s home and office to be introduced during the case. The defendant allowed the officers into his home and agreed to the search. A warrant was then issued for the further search of the home and the office. All of the evidence that was obtained was done so legally.
A Queens Drug Possession Lawyer says the defendant also argues that the court erred by not granting his motion for acquittal based on insufficient evidence for the convictions. In order to be convicted of possession there must be proof that the accused had known about the cocaine and marijuana.
The evidence is sufficient to show that the defendant had knowledge of the drugs that were in his home and office. He showed the officers at least three to five of the weapons that were found in his home.
For this reason the convictions on all four counts will be sustained and the sentences are upheld.
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