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…
Articles Posted in NARCOTICS
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…
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…
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…
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…
New York Court Denies Defendant’s Appeal in Drug Case, Relying on Automobile Exception to the Warrant Requirement
In a recent opinion from a New York court in a New York drug case, the defendant’s appeal of his conviction for drug possession was denied. Originally, the defendant was arrested after officers found heroin in his vehicle, but he filed a motion to suppress the incriminating evidence. The lower…
New York Court Rejects Defendant’s Challenge to Lineup Procedure in Recent Drug Case
In a recent New York drug case, the defendant’s attempt to appeal his guilty verdict was unsuccessful. On appeal, the defendant argued that the lineups used to identify him as a drug dealer were not in line with proper procedures, and thus that the decision should be reversed. The court…
New York Court Agrees with Defendant in Gun and Drug Possession Case, Vacating Guilty Verdict
In a recent New York case involving a defendant who was convicted of possession of a controlled substance and criminal possession of a weapon, the court reversed the original lower court’s guilty verdict. On appeal, the defendant argued that incriminating evidence found by police officers should have been suppressed since…
New York Court Denies Defendant’s Appeal in Drug Case
In a recent opinion from a New York court involving a New York drug possession charge, the defendant’s appeal was denied. The defendant made two arguments in hopes of fighting the original guilty verdict: 1) that the confidential informant who provided incriminating information against him was unreliable, and 2) that…
New York Court Denies Defendant’s Motion to Suppress in Drug Case
Recently, a New York court denied a defendant’s motion to suppress incriminating evidence in a drug case. The defendant was originally charged with criminal possession of marijuana: the main evidence used against him in court was marijuana that an officer found after conducting an external canine search of his vehicle.…