A Queens Robbery Lawyer said that this in an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 12, 1981, convicting him of robbery in the third degree, unauthorized use of a motor vehicle, unlawful imprisonment in the second degree, and escape in the second…
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Court Discusses Effect of a Defendant Waving their Right to Appeal upon a Plea of Guilty
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.…
Court Discusses Prejudicial Treatment Resulting Prosecution’s Witness and Summation
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…
Court Discusses Probable Cause of a Warrantless Search
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…
Court Discusses Classification of Methadone Criminal Conviction after the Amendment of the Penal Law
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…
Defendant Files Motion for Inspection of Grand Jury Minutes
A Queens Grand Larceny Lawyer said that, this is a motion by the defendant for an inspection of the Grand Jury minutes, or in the alternative for an order dismissing the indictment. He contends that the testimony adduced before the Grand Jury did not spell out the crime charged against…
Defendant Moves to Dimiss Indictment Arguing Charges are Unconstitutional
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…
Defendant Claims Facial Insufficiency for Child Endangerment Charges
The defendant was charged with endangering the welfare of a child and criminal possession of a controlled substance in the seventh degree. She now moves the Court for an order dismissing the charge of endangering the welfare of a child for facial insufficiency. A Queens County Criminal attorney said that…
Court Discusses Crimes Prior to an Arrest
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…
Court Discusses Whether Defendant Was Deprived of a Fair Trial
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…