The defendant in the case is appealing a judgment and sentenced that found him guilty by jury verdict of a violation of the narcotics law.
The information provided in the case charged the appellant along with five other defendants of possession of marijuana.
The testimony provided during the trial indicates that the defendant met the codefendants and they all went to the Beaux Arts theatre together. They all three stopped at a diner for something to eat. They then went to the home of one of the other defendants. It was while they were in her home that the defendant sat in a circle with the others and they all used marijuana.
A New York Criminal Lawyer said the defendant and the owner of the home went out to a parked car to sit. An undercover agent was present at the home during the time that marijuana was being smoked. The agent left the home at 3:15 a.m. at which time the two were still in the car outside. The defendant entered the home at around 4:15 a.m. when the raid took place. The defendant was arrested, but there was no marijuana in his possession, but he appeared to be either drunk or high.
Court Discussion and Decision
A Nassau Criminal Lawyer said when reviewing the case the court must assume that the jury looked at the credible testimony that was most damaging to the defendant and drew from those established facts.
When the court looks at the facts of the case that were provided it finds that the only evidence against the defendant is the fact that he sat in the circle with the other defendants at the time that a pipe was being passed around.
For these reasons, the appeal is granted and the conviction of the defendant reversed.
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