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Defendant Appeals Sentencing for Drug Related Charges


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 As a result, his probation was revoked, and he was sentenced to two concurrent ten-year sentences.

The court said that the verdict wasn’t against the evidence submitted (People v Danielson 9 NY3d 342, 348, 349, 849 NY2d 480). There is no reason to disturb the jury’s decision. The evidence showed that defendant discarded the pistol that was in his possession, which the police later found. When the evidence is viewed considering Penal Law 265.15(4), it served to establish the defendant’s unlawful intent that was required by Penal Law 265.03(1)(b).

The court found that the failure of the prosecution to fail to conduct forensic testing was no egregious enough to merit a reversal (591 NYS2d 1001 [1st Dept. 1992], People v D’Alessandro 184 AD2d 114).

The other challenges in the summation and the background evidence provided are unpreserved (620 NYS2d 786, People v Tevaha 84 NY2d 879), and the court declines to review them. The court also finds no basis for reversal. The court rejects the defendant’s contention regarding ineffective counsel due to lack of evidence.

The offense of sale of a controlled substance is also more commonly known as drug dealing. Usually with the sale of drugs, the type of drug and the amount involved will control the degree of the offense.

The offense of sale of a controlled substance in the 3d degree generally involves the sale of drugs such as narcotics, hallucinogens, Lysergic acid diethylamide, Phencyclidine, and Methamphetamine. The specific amounts vary depending on the type of drug. This offense is considered a class B felony.

Due to the changes in New York law that were made in 2009, lower level drug cases don’t carry the usually excessive minimum sentences that they used to. An experienced defense attorney can argue for a possible alternative sentence, and it is possible to lessen the sentence, or possibly avoid jail time completely. Felony narcotics violations require a Grand Jury indictment. The prosecution will need to prove that the substance involved was indeed a controlled substance.

The sale of a controlled substance is a serious offense in New York. If you have been charged, it is important that you seek legal guidance as soon as possible to ensure your rights are protected. Speak to a qualified New York drug crime attorney at Stephen Bilkis and Associates for guidance and a free consultation. They have office locations throughout New York City, including locations in Nassau County, Suffolk County, and Westchester County. Call them today for a free consultation at 1-800-NYNYLAW.

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