In this case the Appellate Division considered whether it the Supreme Court appropriately granted the defendant’s motion to dismiss drug and traffic charges based on an arrest by Buffalo Municipal Housing Authority officers. Two officers of the Buffalo Municipal Housing Authority were on patrol in one of that city’s housing…
When it comes to sentencing in a criminal case, a court is not allowed to consider a proceeding in which the defendant was ultimately acquitted or that was otherwise resolved in favor of the defendant. In this case the Court of Appeals considered whether the Appellate Division properly concluded that…
In a drug possession case where the court had to decide whether the defendant’s right to a speedy trial had been violated, the court also examined the distinction between a criminal complaint and an information. On October 23, 2012, the defendant was charged with criminal possession of a controlled substance…
In a case involving marijuana possession, the Appellate Division reviewed what actions amount to the crime of tampering of physical evidence. On May 9, 2013, in the City of Newburgh, the defendant was stopped as it was suspected that he was violating the City’s open-container law. After the officer identified…
People v. AA June 5, 2018 This appeal is from a judgment of the Supreme Court of New York County rendered on June 13, 2016. The defendant was convicted by a jury of two counts of second-degree criminal possession of a weapon. He was sentenced as a second violent felony…
People v Prindle 2017 New York Slip Op. 05267 June 29, 2017 This appeal deals with a challenge to the discretionary persistent felony offender sentencing protocol. Considering a case called Alleyne v US (133 St. Ct. 2151), the court determines if the current sentences protocol violates due process, the defendant’s…
People v A 2018 NY Slip Op 03136 May 2, 2018 Decision This is an appeal from Westchester County Supreme Court. The decision is from 3/11/2010 hearing where the defendant was convicted of 3d degree criminal sale of a controlled substance, to which he plead guilty. In March 2017 the…
This is an appeal from a judgment entered on 11-20-14 against the defendant. The defendant was found guilty of criminal possession of a controlled substance in the 3d degree and possession of drug paraphernalia in the 2nd degree. Pursuant to PL section 220.50 [1]- [3], the defendant argues that there…
The defendant was arrested while in an automobile after a violating his parole. The defendant was searched along with his automobile was searched where a pistol, ammunition and a hypodermic needle were recovered in the vehicle and glassine envelopes containing heroin and cocaine was found on the defendant’s person.…
The defendant was arrested and charged with criminal possession of a dangerous drug in the fourth degree. The police went to the defendant’s apartment where he then sought to dispose of a bag by throwing it from a window. The bag was retrieved by an officer and 56 glassine envelopes…