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Court Decides Double Jeopardy Issue in Drug Case

This is a direct criminal appeal from the defendant who has been convicted and sentenced for possession of marijuana with the intent to sell, tampering with physical evidence, possession of less than 20 grams of marijuana, and possession of drug paraphernalia.

The two issues of the case are whether the dual convictions of the defendant for possession of marijuana with intent to sell and possession of marijuana of less than 20 grams violated the principals of double jeopardy. The second issue is whether the habitual felony offender sentence that was imposed on the defendant for the offense of possession of marijuana with the intent to sell constituted a sentence that was “illegal.”

Case Discussion and Decision

A New York Criminal Lawyer said after reviewing the facts of the case the court is vacating the conviction of the appellant for simple possession of less than 20 grams of marijuana. The habitual felony offender sentence for the possession of marijuana with the intent to sell is reversed. The court finds no basis to reverse the convictions and sentences for tampering with physical evidence and possession of drug paraphernalia, these sentences and convictions are affirmed.

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