New York Criminal Lawyer Blog
The appellant is appealing an order that revoked his probation after a trial court determined that he had violated the terms of his probation by being in possession of marijuana and cocaine.
Case Background
The appellant was placed on probation. It was not long afterwards that the appellant was arrested for possessing both marijuana and cocaine. His arrest on these charges led to an affidavit being filed stating he violated his probation. A New York Criminal Lawyer said the affidavit alleged that the defendant had committed the offenses of possessing marijuana and cocaine, which violated his probation conditions that stated he was to live without violating the law.
A revocation hearing was held and evidence was provided to the incident that led to the arrest of the appellant. The appellant was riding in the backseat of a vehicle when the car was pulled over for running a red light. The officer stated that he smelled marijuana. He asked the driver about the smell and was told that he had smoked in the past, but not currently. The passenger stated that there were drugs in the back seat.
A Queens Criminal Lawyer said the passenger also stated that the appellant had given her paraphernalia to hide and that he had hidden drugs underneath the seat. The vehicle was searched and a small bag with crushed pills, a bag of marijuana, and a bag of cocaine, were found.
The appellant was arrested, but the officer let the driver and passenger go. The detective stated that the proximity of the drugs is the reason he only arrested the appellant.
Court Discussion and Decision
In this case the appellant’s probation was revoked based the fact that the appellant was found in possession of marijuana and cocaine. However, a New York Sex Crimes Lawyer said when the facts of the case are reviewed, the evidence in the case does not support the possession charges. For this reason, the court reverses.
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