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 in the indictment; one count relates to the alleged sale and the others to the defendant’s possession immediately prior to the sale.
A New York Criminal attorney said that the thrust of the defendant’s claim with respect to the use of the ‘aggregate weight’ of the substance possessed and sold as the basis for determining the degree of offense charged in the first and second counts is that it creates irrational distinctions between similar kinds of conduct and imposes unequal punishments upon offenders who have committed virtually identical illegal acts.
The defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and was sentenced to one year in jail. The defendant has moved to have the court set aside his sentence. A hearing on the defendant’s motion was held.
The court has presided over Manhattan Treatment Court (MTC) and Drug Treatment Alternative Program (D-TAP) cases since 1998. MTC is a drug treatment program administered by the court as an alternative to incarceration offered to drug possession addicted first time felony offenders which, if successfully completed, results in dismissal of the defendant’s case. Successful completion requires that the defendant be drug free for 12 months, follow the rules and regulations of MTC, and satisfactorily complete an independent drug treatment program. If a defendant fails to successfully complete the program, the defendant is sentenced to one year in jail. Toxicology tests are used by this court and treatment courts throughout the nation to monitor defendants. The defendants are rewarded when their toxicology tests are negative, indicating that they have maintained their sobriety and sanctioned when their toxicologies are positive, indicating that they have relapsed. The defendants entering MTC are told that they control their fate. The court tries to do everything in its power to assist the defendant to deal with his or her addiction. To that end MTC tries to individualize its treatment of the defendants while maintaining a series of graduated sanctions and rewards. The defendants know what is required of them to successfully complete treatment.
A case was filed against a 15 year old boy for allegedly handing another minor a glassine envelope which apparently contained heroin. Penal Law 220.03 and 220.39 under this court’s jurisdiction provides that such act would constitute a drug crime if committed by an adult. The defendant’s counsel moved that the evidence which points to the minor be suppressed for not being seized under circumstances allowed by law. The court denied the petition and insisted that the seizure of heroin from his jacket was executed after taking into consideration the constitutional safeguards granted by law to each and every person. The counsel of the petitioner offered as evidence the police laboratory report which provides the analysis of the substance seized from the accused. The defendant’s counsel contended that such a report cannot be considered by the court unless the chemist who prepared the report appears in court for the purpose of cross examination.
The court decided contrary to the respondent’s assertion, arguing that the admissibility of an official police laboratory report with the absence of cross examination was an exception to the hearsay rule which provides that no statement of any person shall be admissible in court unless such person concerned attests to its authenticity and accuracy. The court argued further that according to established jurisprudence in criminal law, the hearsay rule admits certain exceptions. Among these are the general business document clause as provided in CPLR4518(a) and the ones provided in CPLR4518(c) and CPLR4520 which provide respectively that a record certified by an employee of a department or bureau of a municipal corporation and certificate of a public officer are not within the ambit of prohibitions as mandated by the hearsay rule. The court cited several case laws, mostly concerning marijuana possession, crack possession, LSD possession, heroin possession and ecstacy possession, explaining the rationale behind the exceptions. The court in these cases asserted the presumption of regularity that is accorded to documents released by public officials in the regular course of their employment.
An appeal was made by the defendant man from a judgment of the Suffolk County Court convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. It is ordered that the judgment is affirmed.
The defendant was indicted for criminal sale and criminal possession of a controlled substance in the first degree, class A-I felonies. The charges arose out of a sale of nearly nine ounces of cocaine to an undercover police officer. The defendant was permitted to plead guilty to criminal sale of a controlled substance in the second degree, a class A-II felony. He was promised a term of incarceration of five years to life. The promised sentence was imposed.
A man filed an appeal from a decision convicting him of criminal possession of a controlled drug in the fifth degree, upon a jury verdict, and imposing sentence.
The defendant man claims that the Supreme Court made a mistake in not dismissing the charges based upon the fact that the trial testimony of the complainant woman’s principal witness differed from the testimony which he gave before the grand jury. However, while it is proper, after a plea of guilty, to review the validity of an indictment based solely upon false testimony, where, the decision of conviction follows a proceeding, the adequacy of the evidence to convict is apparent from the record.