The defendant wanted his sentenced to be reduced according to the provisions indicated on newly amended Drug Reform Act. According to the defendant he will plead guilty to a drug crime of illegal possession of abused substances if the court will grant his request for reduced sentence. The defendant supported…
Articles Posted in Drug Possession
Defendant Contends Testimony Against Him Was From an Accomplice, Files Motion to Dismiss Based on Lack of Evidence
The defendant in this case filed a motion to dismiss the charges against him. An issue was raised on whether the testimony presented during the trial came from an accomplice. According to the defendant’s motion, if the testimony was based on the statements of his accomplice, the testimony itself should…
Court Decides Whether Bail is Appropriate for Non-Violent Drug Crimes
The court in this case was tasked to determine if the defendant should be allowed bail even if he was charged with a drug crime of illegal possession and sale of drugs. As for his sentence, the defendant was given an indeterminate sentence which means he could be sent to…
Supreme Court Decides Sex Offender Status Level Should be Reduced
On May 2, 1975, at around 4 am, a 21-year-old man along with three other men burglarized a New Rochelle home. The home was that of a man who was said to be a drug dealer. The dealer lived in the home with his wife and three daughters who were…
Court Decides Defendant Not a Good Candidate for Judicial Diversion Program
On May 24, 2011, a Kings County, New York man was arrested during the execution of a search warrant. The search warrant was the result of an undercover investigation that covered more than four months. On 13 separate occasions, undercover police officer’s observed the man in possession of heroin and…
Defendant Appeals Drug Conviction, Arguing Violation of 8th and 14th Amendments
On November 7, 1974, the Supreme Court of Monroe County, New York was called upon to hear the appeal of a drug possession conviction. A New York man was convicted after a jury trial of “Criminal Sale of a Controlled Substance in the First Degree based on a $5000.00 sale…
Defendant Requests Dismissal of Case Based on Constitutional Grounds
A 37-year old man has been indicted for the drug crimes sale of a controlled substance and heroin possession. Under the revised criminal laws relating to drug crimes, each of the crime charged is classified as an A–III felony, punishable by an indeterminate term of imprisonment, the minimum period of…
New York Supreme Court Decides Sex Offender Risk Assessment Level Under SORA
He was 21 when he broke into a New Rochelle home on May 2, 1975. Assisted by three other men, Taylor entered the home of a suspected drug dealer with the intention of stealing money from the residents. Asleep in the home were the alleged drug dealer’s wife and three…
New York Supreme Court Upholds Drug Conviction
On October 11, 2007 an undercover detective from the Broome County Sheriff’s Office in New York was advised by a confidential informant that a man who went by the street name of “Ace” was selling cocaine. He provided the detective with a cell phone number of the man. The detective…
New York Courts Decide if New Drug Law Should be Applied Retroactively in Defendant’s Case
A 33-year old man was indicted by a jury and charged with marijuana possession. Court records showed that the defendant was a second felony offender but not a violent offender. During the course of plea negotiations, the defendant was offered by the State a plea to a B felony in…