New York Criminal Lawyer Blog
The defendant is appealing and order that revoked his probation and the sentence that he received after the trial court found that he had violated the terms and conditions of his parole by possessing marijuana. A New York Sex Crimes Lawyer said he states that the evidence used was insufficient to support the revocation of his probation.
Case Background
The state filed an affidavit stating that the defendant was in violation of his probation as he had failed to remain at liberty without violating any law by committing a criminal offense of possession of marijuana.
The affidavit also stated that the appellant had failed to pay the $40 per month towards the cost of his supervision and failed to make court cost payments to the probation officer as directed by the court.
State’s Case
A New York Sex Crimes Lawyer said he state argued that the defendant violated his probation by taking a chance and allowing a woman into his car that he knew to be a drug user. The officer that testified at the hearing stated that marijuana was found in a makeup pouch that was located in the backseat next to the woman passenger.
Case Discussion and Decision
A Nassau County Sex Crimes Lawyer said when reviewing the evidence that was provided in the case, the state failed to prove that the defendant had constructive knowledge of the marijuana in the car. For this reason, the court reverses the previous decision and the case will be remanded to the previous court.
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