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Court Decides if Indictment Should Stand Due to Lack of Jurisdiction

A drug dealer in New York contacted a Lebanese courier who would be bringing ten kilograms of heroin into the United States. The drug dealer’s business constituted street-dealing heroin in Brooklyn.

He agreed to meet the Lebanese courier in Boston, Massachusetts. A New York Sex Crimes Lawyer said that in exchange for the ten kilograms of heroin, the Brooklyn drug dealer agreed to pay a courier fee of $120,000.00. He withdrew money from his bank in New York to complete the sum he needed to pay for the courier fee. He then purchased round trip tickets to Boston and back to New York for his three people: his girlfriend, his right-hand man and a pharmacologist they nicknamed “the professor.” He also made hotel reservations for his people at the Ramada Inn in Boston.

The drug dealer instructed his girlfriend to bring the money; his right-hand man will speak with the Lebanese courier and bring a sample of the drugs to “the professor’ who would be in a separate room at the hotel to test the drugs. A New York Criminal Lawyer said the plan was for them to plane into Boston, complete the deal in Boston, test the drugs in Boston and fly directly back to New York with the drugs where the drugs would be repacked and sold on the streets.

Unknown to the drug dealer, the Lebanese courier was a Drug Enforcement Agency agent. When his people arrived in Boston, the drug dealer in New York called the Lebanese courier to confirm the meeting. The Lebanese courier then went to the hotel room of the girlfriend. The right hand man accompanied the Lebanese courier to his car in the parking lot to get the drugs. Back in the room, the Lebanese courier waited with the girlfriend while the right-hand man took samples for the professor to test.

The right-hand man came back to say that the heroin was not of sufficient purity such that he refused to purchase the drugs brought by the courier. The right-hand man called the drug dealer in New York to report that the heroin was of insufficient purity. The drug dealer then talked to the Lebanese courier and told him that they would talk later that night.

They all separated and the three employees of the New York drug dealer returned to New York. A Nassau County Sex Crimes Lawyer said that as soon as they arrived at the airport from Boston, they were arrested by the drug enforcement agency. imultaneously, the drug dealer in Brooklyn was also arrested by the DEA.

They were then charged in New York for attempted criminal heroin possession and conspiracy in the second degree. All the accused except for the professor pleaded guilty to the charges. The pharmacologist (“the professor”) was the only one who opted for a jury trial. He was convicted. He appealed his conviction. He grounds his appeal on his contention that the crime of attempted criminal heroin possession was improperly prosecuted in New York as the crime was not committed in New York but in Boston, Massachusetts.

The only question before the Court was whether or not the conviction and the criminal indictment should be dismissed for lack of jurisdiction.

The Court held that the State of New York can take jurisdiction over a felony when the felony was completed in the State of New York. That is to say the criminal acts must have occurred in New York.

In this case, the drug dealer, his girlfriend, his right-hand man and the professor can be convicted of the crime of attempted criminal cocaine possession because the elements of that crime were all committed in New York. It was in New York that the agreement to purchase heroin was entered into. A Queens Sex Crimes Lawyer said the sum needed to purchase the heroin was procured from New York City. The travel arrangements and accommodations were all made from New York City. The heroin was supposed to be brought to New York City for sale and distribution in New York City.

All the elements of criminal heroin possession were committed and nearly all were accomplished in New York City except for the actual exchange of the heroin for the cash. The intent to commit the crime of criminal heroin possession was present in New York and the acts which showed the intent to commit the crime was evident also in New York. Were it not for the inferior quality of the heroin brought by the Lebanese courier (the undercover drug enforcement agency agent), the sale and possession would have been an accomplished fact.

The Court held that the crime of attempted criminal heroin possession was properly charged in New York. The professor’s conviction was upheld.

Are you like the accused in this case where some of the elements of the crime were committed in another state but you were charged with drug crimes in New York? What kind of defense can you use? You need the advice and assistance of a New York City Drug Crime lawyer. At Stephen Bilkis and Associates, their legal team is ready and willing to represent you. They can present evidence and argue in your behalf. Call Stephen Bilkis and Associates and meet with them today.

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