Articles Posted in Drug Possession

People v. AA

June 5, 2018

This appeal is from a judgment of the Supreme Court of New York County rendered on June 13, 2016. The defendant was convicted by a jury of two counts of second-degree criminal possession of a weapon. He was sentenced as a second violent felony offender to ten years. There are three judgments that took place subsequently in the same court with the same judge. The defendant was convicted of second-degree use of drug paraphernalia, fourth-degree conspiracy and third-degree sale of a controlled substance. As a result, his probation was revoked, and he was sentenced to two concurrent ten-year sentences.

People v Prindle

2017 New York Slip Op. 05267

June 29, 2017

People v A

2018 NY Slip Op 03136

May 2, 2018

NY Slip Op. 07041

This is an appeal from a judgment entered on 11-20-14 against the defendant. The defendant was found guilty of criminal possession of a controlled substance in the 3d degree and possession of drug paraphernalia in the 2^nd degree. Pursuant to PL section 220.50 [1]- [3], the defendant argues that there was no direct evidence of constructive possession and therefore he should never have been convicted. The trial court erred in failing to provide a circumstantial evidence instruction to the jury. This court agrees. The judgment against the defendant is reversed and a new trial is granted.

Police officers executed a search warrant at the residence of the defendant’s girlfriend. The girlfriend leased this apartment in her name. When the police searched the premises, they found baggies of cocaine throughout the apartment, as well as paraphernalia in the form of scales, sandwich baggies and dillutant. The defendant’s name was on mail left at the apartment, but otherwise, it didn’t appear that he lived there.

People v. Aiello

Court Discusses Effect of a Defendant Waving their Right to Appeal upon a Plea of Guilty

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People v. Green

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 were discovered. The defendant as well as the other occupant was arrested and charged. During the trial the defendant testified that he had never used or possessed drugs at any time. The one of the police officers testified that he heard the window open and close and that he was denied entry into the apartment by the defendant. Another officer testified that he saw the defendant throwing a bag from the window and he retrieved the bag. The defendant was convicted and appealed the conviction on the ground that he was denied a fair trial.

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People v. Cunningham

Court Discusses Probable Cause of a Warrantless Search

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People v. Thomas

Court Discusses Probable Cause of a Warrantless Search

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The defendant, BS, was charged with violating the New York State Vehicle and Traffic Law § § 1192(3)- Driving While Intoxicated, 1194(1)(b)- Refusal of Breath Screening Test, 1128(a)-Moved From Lane Unsafely, 1129(a) -Following Too Closely and §1227-1 -Consumption or Possession of Alcoholic Beverage in Motor Vehicle.

All these are in connection with an incident allegedly occurring on 4 December 2010, in the Town of Greece, County of Monroe, State of New York. Pursuant to the Order of the Supreme Court dated 23 December 2010 this matter was transferred from the jurisdiction of the Town of Greece to the jurisdiction of the Town of Parma. The defendant knowingly, intelligently, and voluntarily, waived his right to a trial by jury by signing a Jury Trial Waiver Form and requested this Court to render a decision following a fair and impartial trial on 11 April 2011.

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People v. Shapiro

Court Discusses Classification of Methadone Criminal Conviction after the Amendment of the Penal Law

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