The defendants were arrested and charged after the officers went to an apartment belonging to the defendants where one of the defendants tried to dispose of narcotics on the fire escape. The narcotics on the fire escape were heroin which was stored in 1,424 balloons. Within the apartment…
The defendant was charged and pled guilty to having more than one eighth of an ounce of methadone in his orange juice. The conviction was classified as an E felony then changed to a B misdemeanour. The criminal defendant petitioned to the court to ascertain whether his conviction could…
The defendant moves to dismiss the indictment against her claiming that the statutes upon which the charges are founded are unconstitutional. Defendant is alleged to have sold over an ounce of a substance containing methadone to an undercover officer. This alleged sale has given rise to the three charges contained…
The defendant was charged and convicted with criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fifth degree and criminal possession of a controlled substance in the seventh degree. The…
People v. Garcia The Court Discusses Whether the defendant was deprived of a fair trial because the Prosecution’s Cross-examination The defendant was arrested after he sold two glassine envelopes stamped “Brainbuster,” to an undercover police officer. The defendant was also found with $324 in cash and a glassine envelope marked…
The defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and was sentenced to one year in jail. The defendant has moved to have the court set aside his sentence. A hearing on the defendant’s motion was held. The court has presided over Manhattan Treatment…
People v. Rivera The defendant was arrested after being involved in a “buy and bust” operation. The defendant was under surveillance by a police officer and was seen congregating on a street corner with two individuals where it appeared that he sold them a controlled substance. The police officer then…
A case was filed against a 15 year old boy for allegedly handing another minor a glassine envelope which apparently contained heroin. Penal Law 220.03 and 220.39 under this court’s jurisdiction provides that such act would constitute a drug crime if committed by an adult. The defendant’s counsel moved that…
An appeal was made by the defendant man from a judgment of the Suffolk County Court convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. It is ordered that the judgment is affirmed. The defendant was indicted for…
A man filed an appeal from a decision convicting him of criminal possession of a controlled drug in the fifth degree, upon a jury verdict, and imposing sentence. The defendant man claims that the Supreme Court made a mistake in not dismissing the charges based upon the fact that the…