New York Criminal Lawyer Blog

Published on: April 21, 2013

marijuana

by Stephen Bilkis

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 weapon and ammunition by a convicted felon.

Case Background

In July, law officers executed a search warrant on the defendant’s residence. The officers testified that the defendant arrived at his home around 9:45 p.m. and got out of his vehicle and went into the house. Not long afterwards another car pulled up and the defendant came out of the house to talk to the driver of the vehicle. After the driver left the officers executed the search warrant of the property.

Published on: April 20, 2013

DEA Exposes Cocaine Trafficking Ring

by Stephen Bilkis

The DEA along with the local Sherriff’s Department started a joint investigation of what was believed to be to be a cocaine trafficking organization. A New York Criminal Lawyer said the investigation focused on a local restaurant and its owner. The investigators believed that the owner of the restaurant was the leader of the organization that purchased powder cocaine and crack as well as marijuana. These suspicions were confirmed when confidential informants made several drug purchases at the restaurant. The owner refused to sell to one of the informants, but his son sold to the informant and the owner watched the transaction take place.

The task force began to accumulate evidence against the owner of the restaurant as well as many of his customers over the years. Several individuals were arrested in the central part of the state for possession of numerous controlled substances and identified the restaurant as where they received the drugs.

After a while participants in the drug ring started to turn on the organization. The first individual told officials that crack cocaine was dealt at the restaurant and the main person was the owner. He told officers that he along with another man, and the girlfriend of the owner worked directly for the restaurant owner. Other people came forward and confirmed this story.

Published on: April 20, 2013

Court Determines if there is Sufficient Evidence to Suspend Student for Marijuana

by Stephen Bilkis

This case is an appeal from a final administrative order that was made by a school board. The order expelled the appellant from school for possession of marijuana.

Case Background

The principal of the school was notified by a teacher that a student had told her that the appellant, who was a ninth grader, had a marijuana cigarette in the bathroom. The reporting student said that the marijuana cigarette would be with one of three students.

Published on: April 19, 2013

Appellants Convicted Under Comprehensive Drug Abuse and Prevention Act

by Stephen Bilkis

The appellants in this case were indicted for a number of violations of the Comprehensive Drug Abuse Prevention and Control Act. A jury trial was held in the matter and the defendatns were all convicted of possession of marijuana with the intent to distribute. The defendants raise several issues on appeal.

Case Facts

A New York Criminal Lawyer said the appellants for a time frame of almost a year smuggled marijuana into the United States. The smuggling would typically include using shrimp boats to go into Columbia and return with multi-ton cargos of marijuana.

Published on: April 18, 2013

Defendant Charged with Intent to Distribute 100 Kilograms of Marijuana

by Stephen Bilkis

The defendant is appealing his conviction of possession with the intent to distribute over 100 kilograms of marijuana. Border Patrol agents found the marijuana in his tractor trailer while at a border checkpoint. The defendant argues on appeal that his counsel was ineffective as they failed to request a Pennington jury instruction. A New York Criminal Lawyer said he also argues that the district court made an error by failing to provide a Pennington jury, by allowing the government to comment on his arrest, and that the district court abused its discretion by allowing a government witness offer his opinion about whether the defendant knew about the drugs in the trailer. He further argues that the government did not provide sufficient evidence to support the verdict of the jury.

Case Facts and Procedural Background

The defendant was driving a commercial tractor trailer when he arrived at a checkpoint located at the board. The border patrol agent asked the defendant if he was the only occupant of the truck and about his immigration status. Another agent informed the questioning agent to the fact that a narcotics dog had alerted the trailer.

Published on: April 17, 2013

Defendants Charged with Bribery and Participating in Drug Smuggling Ring

by Stephen Bilkis

A New York Criminal Lawyer said the case before the court involves 10 appellants that have each been charged and convicted under different counts of a seven count indictment. The common thread between the appellants is that they have each been associated with participating in a bribery and drug smuggling ring.

Each of the appellants in the case is challenging his or her convictions on varied grounds. Some of the appeals are common among those that have been convicted for the same counts and others that are unique to each individual appellant. There are six main categories of appeals. First, is the admissibility of recorded conversations between a co-conspirator and certain appellants. Second, there are challenges to the RICO conspiracy convictions. Third, there are appeals regarding the sufficiency of evidence to convict. Fourth, certain appellants argue the cumulative sentences regarding the RICO conspiracy charges and possession of marijuana with the intent to distribute. Fifth, the denial of conflict free counsel to certain appellants. Finally, there are tax issues raised by the appellants that were convicted on the sixth and seventh counts of the indictment.

Case Facts and Background

Published on: April 15, 2013

Court Discusses Different Types of Possession in Drug Case

by Stephen Bilkis

The issue before the court involves the petition for writ of certiorari to review the decision that the District Court of Appeal reported.

Case Background

The defendant was charged with unlawful possession of marijuana. He was tried by a jury and found to be guilty of this crime. The defendant appealed the charge and the appeal was granted by the district court. The district court found that there was insufficient evidence to show that the defendant had possession and control of the marijuana.

Published on: April 13, 2013

Court Decides Constructive Possession in Marijuana Case

by Stephen Bilkis

The appellant in this case was a passenger in a car where marijuana was found. He is appealing his juvenile adjudication on the two counts of possession of contraband on the ground that the evidence did not support a finding of constructive possession.

Case Background

The majority of the case against the defendant consisted of testimony of the arresting officer. The officer stated that she was on patrol during the early morning hours when she saw two young men trying to change a tire on a car located in a public parking lot. A New York Criminal Lawyer said the officer approached the young men and offered to help by providing light with her flashlight. The deputy stated that the young men were friendly, but acted a bit nervous and suspicious.

Published on: April 12, 2013

Court Discusses Leandra’s Law

by Stephen Bilkis

The Facts of the Case:

On 18 November 2009, the State enacted Leandra’s Law, roughly one month after the DWI death of an 11-year-old in New York City. It demands, inter alia, that all first-time, misdemeanor DWI offenders install ignition interlock devices in every automobile they own or operate for at least 6 months; barring indigency, that offenders pay for installation and maintenance of the interlocks. However, Leandra’s Law exhibits numerous defects which put its constitutionality in question.

Meanwhile, a defendant pled guilty to driving while intoxicated or drunk driving pursuant to the Vehicle and Traffic Law. Following Leandra’s Law, New York’s newest anti-DWI measure, the matter is now before the Court for sentencing under it.

Published on: April 11, 2013

Defendant Claims Insufficient Evidence for an Indictment

by Stephen Bilkis

A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal of the charges on the grounds of insufficiency of the evidence or for other defects in the proceedings.

The man stands charged with driving while intoxicated (DWI), a class E felony. Based on records, the felony status of the crime is based on a predicate conviction for driving a motor vehicle with in the violation of vehicle and traffic law, an unclassified misdemeanor.

The incident occurred one evening where a state officer’s attention was drawn to the man’s automobile because it was moving slowly. He estimated that the driver of the vehicle was driving about 25 miles per hour in a 30-mile per hour zone during the late evening when no traffic was present and the roads were clear and dry. The officer followed the vehicle and testified that the man was going about 20 miles per hour in the 30-mile per hour zone. At some point he verified the speed of the vehicle using radar. A New York Criminal Lawyer said the man consistently maintained the same speed up hill and downhill, including a steep hill, until he pulled over at the direction of the officer. He also testified that the man was driving on the right-hand side of the road. The man further testified that he pulled him over solely because of his driving. He also testified in saying that driving ten miles per hour below the limit is considered impeding traffic. The district attorney however did not reprimand the grand jury on the witness in advising on the law.