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Articles Posted in NARCOTICS

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New York Defendant Challenges Denial of Motion to Suppress in Recent Drug Case

In a recent New York Gun case before the Appellate Division, Second Department in New York, the defendant unsuccessfully asked for the court to reverse a trial court’s denial of his motion to suppress. The defendant originally faced charges for criminal possession of a weapon, unlawful possession of marijuana, and…

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New York Defendant Loses Appeal in Drug Case; Court Cites Lack of Standing to Suppress Evidence in its Opinion

Recently, a defendant in New York appealed his convictions for possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree. The defendant was charged several years ago, and at trial he was found guilty as charged in January 2017. On…

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New York Defendant Successfully Appeals Lower Court’s Decision in Stop and Frisk Case

In a recent New York drug offense case subject to appellate review in the state of New York, the defendant challenged the lower court’s denial of his motion to suppress. The defendant was originally stopped by a police officer after the officer saw him exit his vehicle and pull up…

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Facing Drug Charges, New York Defendant Argues Warrants Were Insufficient to Support Officers’ Search of His Home

In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the officers’ search warrants were invalid and…

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New York Court of Appeals Sides with Defendant and Suppresses Incriminating Statements

Earlier this month, an appellate court in New York ruled in favor of a defendant after he was found guilty of both criminal possession of a weapon and  possession of controlled substances. On appeal, the defendant argued that the lower court was incorrect when it decided to admit incriminating statements…

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New York Court of Appeals Affirms Lower Court Decision, Rejecting Defendant’s Appeal

In a recent New York criminal defense case, a New York Appellate Court affirmed the trial court decision, finding that the court had properly denied the defendant’s motion to suppress evidence in a case involving illegal possession of guns and illegal possession of drugs.   In the appeal, the defendant challenged…

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New York Court Denies Defendant’s Appeal in New York Drug Case, Rejecting Defendant’s Motion to Suppress Statements to Law Enforcement Officials

In a recent case involving a New York drug crime, the defendant unsuccessfully appealed his conviction of three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree. In the appeal, the defendant argued…

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Defendant Appeals Drug Conviction, Citing Inadequacy of Arresting Officer’s Original Statement

In a recent New York drug case, the defendant successfully appealed his conviction for drug possession. When the defendant was originally charged in 2018, the officer arresting him failed to provide specific enough information that would allow a court to conclude that the defendant possessed illegal drugs. Because the defendant…

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New York Court Denies Defendant’s Appeal in Drug and Firearm Case, Despite Argument Citing Newly Enacted Marijuana Law

In a recent case coming out of a New York court, the defendant appealed his guilty conviction for criminal possession of a weapon in the second degree. Officers searched for this weapon only because they had previously smelled marijuana in the defendant’s car, making them suspicious of additional drug or…

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