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Articles Posted in New York

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Defendant Contends 6th Amendment Rights Were Violated

The appellants in this case were convicted of one count of possession of marijuana with the intent to sell. A New York Criminal Lawyer said the appellants argue that the Speedy Trial Act as well as the 6th amendment barred them from being prosecuted. The appellants also challenge the sufficiency…

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Defendant Charged with Possession of Drug Paraphernalia

This case deals with a juvenile who was charged with marijuana possession and possession of drug paraphernalia. An adjudicatory hearing was held and the court determined that the evidence was enough for the allegation of possessing drug paraphernalia, but dismissed the charge of possession of marijuana. The juvenile is appealing…

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Court Discusses Constructive Possession in Drug Case

The case before the court is one of appeal from a conviction of possessing more than five grams of marijuana. The appellant was charged with possessing more than five grams of marijuana (marijuana possession), possessing hashish, and possessing PCP. The appellant was acquitted for the possession of hashish and PCP…

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Defendant Contends Police Lacked Probable Cause in Drug Possession Case

Case Background The police responded to a citizen’s report that marijuana was being grown in an open field. When the police officer arrived at the area described he found between 40 and 50 marijuana plants growing about a hundred yards from a home that was occupied. A New York Criminal…

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Court Discusses Constructive Possession in Drug Case

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.…

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Court Discusses Medical Marijuana Laws

This is a case being heard in the Supreme Court of the United States. A New York Criminal Lawyer said the main question that is presented in this particular case is whether the Congress has the power under article 1 section 8 of the constitution to regulate commerce with several…

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Defendant Says Insufficient Evidence for Marijuana Possession Charge

The defendant in this case is appealing his conviction for multiple drug charges. Case Background A New York Criminal Lawyer said the charges that were made against the defendant come from a drug purchase made by an undercover police officer. The purchase took place inside of a house. The defendant…

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Defendant Convicted of Intent to Distribute 41 lbs. of Marijuana

The defendant has been convicted of possessing with the intent to distribute 41 pounds of marijuana. A New York Drug Crime Lawyer said he is appealing the conviction and seeking a reversal because of actions that were taken in the district court. First, the court refused to grant a continuance…

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Drug Crime Defendant Moves for Acquittal for Failure to Prove Possession

The appellant in this case was charged on several drug related charges including possession of cocaine and heroin, possession of cocaine, marijuana, and heroin possession, with the intent to sell, two counts of attempted first degree murder, and displaying a firearm during the commission of a felony. A New York…

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Defendant Contends Insufficient Evidence to Uphold Marjuana Conviction

The defendant is appealing a jury conviction that charged him with the crime of carrying a firearm during and in relation to a drug trafficking crime and for possession of a firearm and ammunition by a convicted felon. Case Background In July, law officers executed a search warrant on the…

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