The defendant was arrested after selling approximately two ounces of cocaine to a confidential police informant in the City of Cortland. He was indicted and found guilty after a jury trial of one count of criminal sale of a controlled substance. County Court sentenced him, as a second violent felony…
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Defendant Contends That Current Sentence for Felonious Drug Possession is Erroneous
In 1962, a defendant was sentenced by a New York City Judge as a second felony offender for a crime to which the defendant had not pleaded guilty. The basis of this motion is that the defendant declares that the present sentence, as it now stands, is erroneous, and therefore,…
Defendant Files Appeal With New York Appellate Court Seven Years After Conviction
The defendant pleaded guilty to charges of illegal possession of drugs. During the time of his plea, the court indicated that his sentence will not be 8 years to life imprisonment. The defendant also admitted that he was guilty of illegal possession of firearms and burglary in prior convictions. At…
Defendant Contends He Was Denied Effective Counsel, Files Appeal in New York Appellate Court
On October 11, 1994, the defendant is accused of having burglarized a person and forcibly stolen their wallet, a checkbook, and a car. On October 12 and 13, 1994, he is charged with forging and cashing two of the stolen checks. After a jury trial, he was convicted of eight…
Defendant Requests Reduction in Sentence Based on Drug Reform Act
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…
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…
Defendant Denied Right to Cross Examine Witness and Appeals
In January of 1996, a man offered a woman $1,500.00 to use her apartment for a drug deal. She accepted and the man and another man moved into the woman’s apartment to wait for a large amount of heroin to be delivered from San Francisco by another man. While in…
Defendants Move to Dismiss Indictments Based on Lack of Jurisdiction
In May of 2001, the defendant allegedly assaulted a woman because she had helped police with a drug investigation that involved the defendant’s brother. The investigation was multicounty in the scope and revealed a distribution network that implicated the defendant’s brother. The Attorney General’s Organized Crime Task Force appointed a…