Articles Posted in Manhattan

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This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana.

Case Background

The principal of the school was notified by a teacher that a student had told her that the appellant, who was a ninth grader, had a marijuana cigarette in the bathroom. The reporting student said that the marijuana cigarette would be with one of three students.

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The defendant is appealing a verdict of guilty to possession of cocaine and possession of marijuana in the amount of less than 20 grams. The defendant was sentenced to 22 months in prison on the cocaine charge and for a year in the county jail on the marijuana charge. She argues on appeal that the state failed to prove that she constructively possessed the marijuana.

Case Background

The defendant was originally charged with possession of cocaine with intent to sell or deliver and possession of marijuana in an amount less than 20 grams. During the trial an officer testified that she made a traffic stop of the car that the defendant was driving. The car contained the defendant and two others. When the car was stopped the male got out of the car and ran and was not apprehended. The officer called for backup.

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A New York Criminal Lawyer said the defendant is appealing two orders that were made by the County Circuit Court. The first order that is being appealed denied his motion for post-conviction relief. The second order revoked his probation and imposed a prison sentence.

The defendant raises three main points on appeal. First, the court erred in denying his motion for relief because he was on probation and was not a prisoner in custody under the sentence when he made the motion. Second, the evidence was not sufficient in the case to support the fact that he had constructive possession of the legal illicit drugs. Finally, he argues that the court erred in his sentencing by not following sentencing guidelines.

Case Background

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In this proceeding, an intermediate order denying a motion to dismiss an indictment will have a review from the Supreme Court.

A New York Criminal Lawyer said it appears from evidence presented that a bank, a trust company and another corporation executed a statement of trust receipt financing. At the grand jury trial, the three officers of the bank were called as witnesses. The bank paid the automobile company the total sum of $21,430.59 for eight automobiles. An employee of the bank checked the floor plan of the corporation and found out that four from eight of the cars were missing. Another check was made five days later and the remaining four cars were also missing from the floor. Consequently, a letter was delivered to the corporation by the bank in which they demand payment of all amounts due under trust receipts or immediate possession of all new and used cars on which the bank held trust receipts. A similar notice was served and in the interval checks had been received by the bank drawn by the corporate dealer in payment of the amounts due on two of the cars. The checks were not paid because of insufficient funds. The bank received neither the automobiles nor the moneys due.

It was upon the evidence that an indictment was returned accusing the president of the corporation, individually, of the crime of grand larceny in the first degree. The president of the corporation, which was the trustee, secreted, withheld and appropriated to his own use, and that of a person other than the true owner of the automobiles.

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A man was charged with grand larceny for having taken a car from its owner. A New York Criminal Lawyer said the car was valued at $500. The indictment stated that the man intended to deprive the owner of the car the use and benefit of the car. And when he took the car, he fully intended to use and operate the car for his own profit use and benefit. The indictment also alleged that the taking of the car was without the consent of the owner of the car.

The man pleaded guilty to the charge of grand larceny. The man’s plea of guilt was made after he was duly advised by the court that he had a right to be represented by a lawyer of his choice and if he could not afford a lawyer, one can be provided for him. Even when he did not have any lawyer present, the man still pleaded guilty. The trial court sentenced the accused to imprisonment for not less than five years and not more than ten years spent in hard labor.

The accused then filed a motion to vacate his conviction. This time, he asked for a lawyer to be provided for him. A private lawyer was appointed to defend him pro bono. The lawyer asked for an adjournment so that he can prepare a brief of his arguments to support the motion to vacate the man’s conviction for grand larceny. The adjournment was granted. The lawyer for the man filed a brief and trial was scheduled. No testimony was offered during the hearing.

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Sometime in March 1998, petitioner who is a police officer since 1989 was suffering from depression and suicidal ideation and was admitted to a psychiatric hospital. A New York Criminal Lawyer said the petitioner was out of work for several months after which time she returned to light-duty work that did not involve her carrying a weapon. She remained on light duty until September 2001, when she stopped working altogether. In 2003, she applied for performance of duty disability retirement benefits, claiming to be permanently disabled due to posttraumatic stress disorder and depression. The application was initially denied and petitioner requested a hearing and redetermination. Following hearings, the Hearing Officer upheld the denial, finding, among other things, that petitioner had failed to establish that she was incapacitated from the performance of duty as the result of a disability sustained in service. Respondent made supplemental findings of fact, but otherwise adopted the Hearing Officer’s findings. Thus, a CPLR Article 78 Proceeding ensued to review the determination of respondent which denied petitioner’s application for performance of duty disability retirement benefits.

The court finds that the denial was proper and affirms the respondent’s determination. Under the Retirement and Social Security Law, in order to be entitled to performance of duty disability retirement benefits, an applicant must establish that he or she is physically or mentally incapacitated for performance of duty as the natural and proximate result of a disability sustained in such service.

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Case Background

Local police officers executed a search warrant at a home and when they did they found the appellant along with two other young men inside the home. A New York Criminal Lawyer said the appellant was detained in the living room with the other two men while the search was conducted. The officers found three kinds of controlled substances in the bedroom. There was also marijuana found under the kitchen sink.

The appellant was the only person that was prosecuted as a result of the search. He was charged with possession of all of the drugs that had been found in the bedroom. He was charged with possession of cocaine, marijuana possession, and possession of barbiturates.

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The defendant in this case is appealing an order that revoked his community control and resulted in a five year prison sentence. The defendant argues that the state did not establish that he had constructive possession of marijuana that was found in a car that he was a passenger in.

Case Background

A New York Criminal Lawyer said the defendant was suspected of drug activity and for this reason the police department kept the defendant’s studio apartment under surveillance. The officer watching the apartment saw an unknown couple driving a white car approach the defendant. The couple got out of the car and went inside the apartment with the defendant. When the couple came back out it appeared as if the man had stuffed something inside the front of his pants. All three got into the car, the man drove, the woman sat in the passenger seat, and the defendant rode in the back.

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In this criminal case, in 1986 although the installation of individual water meters was required in commercial and industrial buildings, 630,000 one and two family homes were unmetered and billed for water on an arcane basis unrelated to usage and predicated on property frontage. The City decided to meter these homes and to do so through a municipal installation project rather than by requiring the individual homeowners to install them. A New York Criminal Lawyer said the City would use a competitive bidding process, and award contracts according to the boundaries of the City’s community boards. As is common in such contract bidding processes, the City prepared bid packages for prospective bidders. In addition to technical information and cost estimates, the bid package informed prospective bidders that they would be required to calculate labor costs in accordance with Labor Law Section 220, which requires contractors performing public works projects to pay the workers the prevailing wage. The bid packages let out in 1989 and 1990 also required that the contracting party would have to perform certain work known as pre-plumbing work. In essence, the contracts with the City would require that pre-plumbing work be supervised by a licensed master plumber.

After conducting pre-bid conferences, the City circulated an addendum to the bid specifications which set forth the specific wages that the bidders would be required to pay their employees. The defendants received this addendum. After the bids were publicly opened, the lowest bid was determined and the contracts were awarded to the defendants. The defendants executed formal contracts, to which were annexed the bid information and the wage schedules, which were also incorporated by reference. Each contract provided: The wages to be paid and the supplements to be provided, for a legal day’s work, to laborers, workmen or mechanics employed by the Contractor shall not be less than the prevailing wages and supplement required to be paid to such employees, as ascertained and prescribed by the Comptroller in the Specifications attached hereto.

A New York Grand Larceny Lawyer said that, the indictment charges larceny by false promise, grand larceny by false pretenses, scheme to defraud, and filing of a false instrument, conspiracy, and perjury. The thrust of the indictment is that the defendants never intended to comply with the prevailing wage and pre-plumbing master plumber requirements. Among other evidence which was presented to the Jury was that the defendants calculated their bids based on piecework rather than hourly costs, that they promised workers the higher of piecework or hourly rate, but only paid a piecework rate that resulted in a lower wage than an hourly rate at the prevailing wages, that the defendants arranged with a licensed plumber to falsely make it appear that a licensed plumber was supervising pre-plumbing work, and that the defendants submitted false and perjurious forms to the City certifying they had complied with the contracts.

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A complainant man seeks an order to prevent the justices of the Supreme Court and the district attorney from proceeding to try him on an allegation returned against him by the grand jury.

A New York Criminal Lawyer said the indictment charges the complainant and another man with various degrees of possession of a dangerous drug. The complainant is charged with first degree of possession of 16 ounces and more of heroin, fourth degree of possession of a narcotic drug with intent to sell and sixth degree of possession of a dangerous drug.

The complainant, the other man and several others were also prosecuted under a nine-count federal charges, in which the complainant was charged with counts one and two of possession with intent to distribute and distribution of one kilogram of heroin (heroin possession), attempt to distribute half a kilogram of heroin and conspiracy to distribute and to possess with intent to distribute quantities of heroin.

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