As a general rule, recovery for damages can be warranted when the negligent act is the proximate cause of the injury complained of. An exception to this principle is when there exists an intervening act which is extraordinary under the circumstances, not foreseeable in the normal course of events, or…
On April 5, 2000 at around five in the evening, a Johnson City Police Department Officer got a call from a confidential informant who was well known to the officer. He had provided reliable information in the past that had proven valuable in the prosecution of several cases that were…
This case involves an appeal from a judgment of a trial court convicting a 44-year old New Yorker upon his plea of guilty of the crime of criminal possession of heroin and cocaine. According to sources, police officers arrested the defendant while seated in an automobile pursuant to a parole…
A 45-year old man was charged in a single-count indictment with selling six grams of cocaine to a state police undercover officer. The man applied for a writ of prohibition on the ground that the prosecution was barred because he had automatically received transactional immunity by being compelled to testify…
The defendant was charged in this case for manslaughter which also means doing certain acts that led to the death of another person. The court also charged the defendant for drug possession. According to the accounts of police investigation, the defendant was guilty of heroin possession and selling of illegal…
A New York court heard a case on June 20, 2003 relating to the conspiracy to sell drugs in a housing project. The court dismissed the first count of the indictment charging a conspiracy in the first degree. The state moved to reargue the portion of the court’s June 20,…
The Supreme Court is often faced with evaluating the requests of offenders who are attempting to reduce their sentences in prison. This is especially true as it relates to indeterminate sentences. Indeterminate sentences are those sentences that have no definite length or end date. The offender is given certain criteria…
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…
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,…
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…