The first appellant in this case was convicted for conspiracy to possess marijuana with intent to distribute and possession of cocaine. The second appellant was convicted of conspiracy to possess marijuana with the intent to distribute. The third appellant was convicted of conspiracy to possess marijuana with the intent to distribute. This is a consolidated appeal by all of the appellants.
A New York Criminal Lawyer said the first appellant argues that the evidence against him for the conspiracy charge is insufficient. The second appellant argues that the evidence is insufficient for the charge of conspiracy of possession of marijuana. He also is challenging the trial court’s refusal to grant his motion for severance. The third appellant also argues that the evidence against him is insufficient for the charge of conspiracy of possession of marijuana with the intent to distribute.
In this case, the events that led up to the charges began in September of 1978. A deputy saw a plane landing at the county airport. When the plane landed the deputy saw a man from the plane join another man in a nearby phone booth. Both of the men then disappeared before the deputy could identify them. It was later discovered that the plane contained 15 bales of marijuana.
A few days after this the second defendant contacted a garage about a van that was broken down. The owner of the garage attempted to fix the van, but noticed a weird odor coming from the back. A visitor to his garage also notice the odor. The garage owner called the local police station thinking that the van might be stolen.
A Staten Island Criminal Lawyer said when the officer arrived the garage owner informed him that the owner had not left his name. The officer took down the tag number of the vehicle and looked in the front of the van. He then opened up the rear of the van. The back of the van contained aircraft fuel, seats, a large scale, and a television set. There was also an aircraft log book, a radio communications system, and maps of South America. The officer removed what he thought to be marijuana residue from the van as well.
The log book happened to match the plane that was found with bales of marijuana on it. After further observations the three defendants were arrested.
The court has reviewed the facts that were presented in the case and found that the state has failed to prove that there was any type of agreement between the three to commit a crime. There is also not enough evidence for the charges of possession.
The court has determined that the evidence against the first two defendants is insufficient to support the charge of conspiracy of possession of marijuana with the intent to distribute. These charges are now reversed. The conviction against the first defendant for the possession of cocaine must stand after the fourth amendment issues have been addressed by the court.
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