New York Criminal Lawyer Blog
The defendant/appellant in this case is appealing convictions for trafficking in cocaine and marijuana possession.
Case Background
Evidence showed that the girlfriend of the defendant rented a car through her aunt. The defendant borrowed this car and was driving on the turnpike when he was pulled over by a state trooper for a traffic violation. A New York Criminal Lawyer said one of the friends of the defendant was a passenger in the car. The state trooper requested the rental agreement and the defendant removed it from the glove box.
The officer was suspicious because the last name on the rental agreement was different than the last name on the defendant’s driver’s license. The officer then noticed the smell of marijuana.
During his testimony, the state trooper that pulled over the defendant stated that he asked the defendant if he had been smoking marijuana. The defendant denied smoking and consented to having the vehicle searched. When searching the car the officer found a bag of marijuana in the glove box and a small amount of cocaine.
The officer arrested the two individuals. A Queens Criminal Lawyer said a thorough search of the car was conducted and in the trunk a brown purse with three large bags of cocaine was found. The defendant was charged with possession of marijuana and trafficking cocaine. At trial he motioned to suppress and for a motion of judgment for acquittal. Both of these motions were denied and the defendant is now appealing.
Case Discussion and Decision
The defendant raises several issues on appeal, but the only contention the court finds to have possible merit is the issue of constructive possession. The state must prove that the defendant had knowledge of the contraband, have control over the contraband, and know that the contraband is illegal. In this case, there was enough evidence provided to prove these facts.
For these reasons, the court is affirming the judgment and the charges against the defendant stand.
If you need to speak with a lawyer about a legal issue, contact Stephen Bilkis & Associates. Our offices are located throughout New York City for your convenience. You can contact us at any time to speak with an experienced lawyer during a free consultation, whether you have been charged with theft, drug possession or sex crimes.