Articles Posted in Drug Possession

In this case the Appellate Division considered whether it the Supreme Court appropriately granted the defendant’s motion to dismiss drug and traffic charges based on an arrest by  Buffalo Municipal Housing Authority officers.

Two officers of the Buffalo Municipal Housing Authority were on patrol in one of that city’s housing projects when they observed the defendant driving without a seatbelt. Even though the scope of employment of those officers did not extend to the area where they stopped and questioned the defendant, the officers did so anyway.  Under New York law, officers of the Buffalo Municipal Housing Authority are classified as peace officers.  They found that the defendant was in possession of cocaine and arrested him. The defendant was indicted for criminal possession of a controlled substance in the fifth degree and several violations of the Vehicle and Traffic Law.

The defendant moved to have the charges dismissed on the basis that the arrest of the defendant occurred outside of the officers’ geographical area of employment. As a result, the officers lacked jurisdiction to make the arrest. The People countered by arguing that if the officers were acting outside of their jurisdictional authority, the arrest was still valid because the officers made a citizen’s arrest. The Supreme Court granted the defendant’s motion and dismissed the charges.  The People appealed.

When it comes to sentencing in a criminal case, a court is not allowed to consider a proceeding in which the defendant was ultimately acquitted or that was otherwise resolved in favor of the defendant.  In this case the Court of Appeals considered whether the Appellate Division properly concluded that the defendant in a criminal possession of a controlled substance  case was not entitled to resentencing when the sentencing court improperly considered unsealed records related to another criminal proceeding that resulted in the defendant being acquitted.

In this drug crime case, the defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree. The deal he struck with the prosecution was that in exchange for pleading guilty he would receive a sentence of four years of imprisonment followed by three years of post-release supervision.  However, there was a condition to the defendant receiving this sentence:  he had to stay out of trouble. In other words, if the defendant committed another crime, the sentencing agreement was void.

Before the sentencing hearing the defendant was again arrested and was prosecuted for another crime. Had he been convicted, this would have been an obvious violation of the plea agreement. However, he was ultimately acquitted and the transcript of the trial was sealed  pursuant to CPL 160.50.  Under New York’s sealing law, under certain circumstances a criminal record is hidden from public view and from most government agencies. However, law enforcement can access the records, as can the courts and certain agencies.

In a drug possession case where the court had to decide whether the defendant’s right to a speedy trial had been violated, the court also examined the distinction between a criminal complaint and an information.

On October 23, 2012, the defendant was charged with criminal possession of a controlled substance in the fifth degree, a felony, in violation of Penal Law §220.06(2).  The defendant allegedly was in possession of Hydrocodone and Alprazolam pills. On October 25, 2012, because there was no lab evidence confirming the type of drug that the defendant allegedly possessed, the charge was reduced to criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor under New York Penal Law §220.03. When the charge was reduced, the court marked the accusatory instrument a misdemeanor complaint. Nearly 5 months later, in March 2013, the defendant’s case had not been brought to trial.

New York’s speedy trial rules required that if the charge is a felony, the case must be ready for trial within 6 months.  For class A misdemeanors the case must be ready for trial within 90 days, while for class B misdemeanors, the case must be ready for trial within 60 days. The time period runs from when the original complaint was filed. Where as in People v. Watson a felony complaint is replaced with a new accusatory instrument charging a misdemeanor, the prosecution must be ready for trial within 90 days from the filing of the new instrument or 6 months from the filing of the felony complaint, whichever is shorter.