The judgment convicted appellant of the sale (first count) and possession (second count) of a narcotic drug, marijuana, sentenced him to a term of five to seven years on the first criminal count and suspended sentence on the second count. The evidence produced by the prosecution indicated that appellant had…
A Suffolk Criminal Lawyer said that, the defendant moves pursuant to Section 440.20 of the Criminal Procedure Law to set aside the sentence imposed upon the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. This is a case of ‘second impression’–the first time…
A Suffolk Criminal Possession of Marijuana Lawyer said that, this action was commenced by plaintiffs seeking a declaratory judgment that Local Law No. 23 of 1983 of the City of New York (“the ordinance”) is unconstitutional. Local Law 23 amended Chapter 22 of the Administrative Code of the City of…
The line which marks the boundary between permissible police action and an unwarranted intrusion in violation of Fourth Amendment rights is frequently thin and not readily distinguishable. The need for on-the-spot decisions by law enforcement officials does not afford them the luxury of a contemporaneous in-depth analysis or consultation with…
A Suffolk Criminal Lawyer said that, by motion submitted October 19, 2011, defendant moves to vacate his judgment of conviction pursuant to CPL 440.10 (1) (h). On May 15, 1975, judgment was entered against the defendant in Supreme Court, Bronx County, convicting him upon his plea of guilty to robbery…
A Suffolk Marijuana Possession Lawyer said that, this is an appeal by the defendant from a judgment of the County Court, Suffolk County, rendered April 25, 2008, convicting him of criminal possession of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree,…
In addition, the criminal defendant challenged the voluntariness of his statements to the police by testifying during the trial that they were the product of verbal threats and physical abuse by the police. The defendant was convicted of murder in the second degree, burglary in the first degree, and criminal…
This is drug crime where defendants are charged with one count of Criminal Possession of a Controlled Substance in the Second Degree. The challenge is directed to the motivation for and legality of a search for stolen property which also resulted in the not surprising seizure of other items including…
This is an Appeal by the defendant from a judgment of the Supreme Court, Suffolk County, convicting him of murder in the second degree, burglary in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. A Suffolk County Criminal…
A Suffolk Criminal Lawyer said that, the defendant appears before this Court having pled guilty in the United States District Court for the Northern District of Texas to the crime of Enticement of A Minor To Engage In Sexual Activity in violation of 18 U.S.C. §2422[b] in satisfaction of a…