New York Criminal Attorney Blog

As we have discussed often in this blog, suppression of evidence can often be the best avenue of an attack for an experienced criminal attorney. New York Courts have consistently held that one’s flight from the police, absent additional conduct creating a reasonable suspicion that a crime has been, is being, or is about to be committed is insufficient to justify further police pursuit. In other words, one’s flight from police alone, is insufficient to justify further police intrusion.
In People v. Prillo, the New York Appellate Division, Third Department upheld this long-standing legal principle reversing the Broome County Court’s denial of a defendant’s motion to suppress physical evidence. In Priollo, the police received a report of a suspicious person. The first officer to arrive saw a man fitting the description running out of a driveway towards her police car. At that time she had no reason to believe defendant had committed any crimes. She ordered defendant to stop. Defendant ignored her order, turned and started running away from the officer. The officer followed the running defendant in her patrol car. While he was running, defendant pulled jewelry and coins out of his pants and threw them on the lawn of a house he was passing. The property was recovered.
The defendant moved to suppress the property arguing that he tossed the items as a result of unlawful police conduct. The Broome County Court denied the motion. The Third Department reversed writing that while the officer could lawfully request information from the defendant about his presence in the area, the law did not require the defendant to answer the inquiry or stop running. The Court further wrote that flight from police, alone, was insufficient to justify further police intrusion such as a pursuit.
The Court found that the defendant discarded the property in response to the illegal pursuit. Accordingly, the Court held that the physical evidence was tainted by the improper police conduct and should have been suppressed.
For more information about this or other search and seizure or other criminal justice issues, please contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com

In New York, one is guilty of criminal possession of marihuana in the fourth degree when they knowingly and unlawfully possess one or more preparations, mixtures, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate (total) weight of more than two ounces. [PL 221.15]
As with Criminal Possession of Marihuana in the Fourth Degree, Criminal Possession of Marihuana in the Fifth Degree is an “aggregate” weight offense meaning that the weight of fillers and other non-drug substances is counted in the weight calculation. In other words, one is guilty of Criminal Possession of Marihuana in the Fourth Degree if they knowingly and unlawfully possess 56 grams of tea leaves mixed with one gram of marihuana. Moisture that adds to the overall aggregate weight is also counted.
As of November 15, 2010, Criminal Possession of Marihuana in the Fourth Degree is an A misdemeanor punishable as follows:
Up to one year imprisonment [Penal Law 60.01(3)(a) and 70.15(1)];
Intermittent Imprisonment;

A split sentence of up 60 days imprisonment with 3 years probation or a 1 year conditional discharge [Penal Law 60.01(2)(d)];

A split sentence of up to 4 months intermittent imprisonment with 3 years probation or on 1 year conditional discharge [Penal Law 60.01(2)(d)];

Three years probation [Penal Law 60.01(2)(a)(i) and 65.00];

Interim probation for one year (can extend beyond one year if defendant gets treatment) [CPL § 390.30(6)];

One year conditional discharge [Penal Law 60.01(2)(a)(i) and 65.05]; or

Unconditional discharge [Penal Law 60.01(3)(d) and 65.20(1)];

In addition to the above sentences, a fine of up to $1,000.00 or double the gain may also be imposed [Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.05];

The court must suspend the defendant’s driver’s license and may suspend his registration for up to 6 months [VTL 510(2)(b)(v);

Surcharges and other fees are mandatory [PL 60.35(1)(a)(ii); PL 60.35(6); PL 60.35(9)];

Restitution is possible.

The sentences for all offenses in New York change often. Please speak with an experienced criminal attorney if you are charged with any offense in New York to discuss any possible sentence. You can reach us at Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com.

In New York, it is illegal to possess marijuana (spelled marihuana in the New York State Penal Law) in a public place while it is either, burning or open to public view. The charge is Criminal Possession of Marihuana in the Fifth Degree – a Class B misdemeanor. [NY Penal Law 220.10(1)]. Under this particular subdivision, the quantity of marihuana is irrelevant. Therefore, smoking a joint in a public place is enough to elevate what would otherwise be the non-criminal offense of Unlawful Possession of Marihuana [NY Penal Law 221.05] to the criminal offense of Criminal Possession of Marihuana in the Fifth Degree.
One can also be guilty of Criminal Possession of Marihuana in the Fifth Degree if they possess more than twenty-five grams of marihuana. [PL 221.10(2)]. One need not possess twenty-five pure grams of marihuana to violate PL 221.10(2). Criminal Possession of Marihuana in the Fifth Degree under subdivision two of PL 221.10 is an “aggregate weight” offense meaning the prosecution need not prove that one possessed twenty-five pure grams of marihuana. The weight of all compounds and substances mixed with the marihuana is included in the weight determination. See People v. Nelson, 144 A.D.2d 714 (3rd Dept. 1988)(noting that a 1979 amendment to New York’s marihuana possession statutes adopted an aggregate weight standard). Theoretically, one could possess one gram of marihuana mixed with twenty-five grams of oregano and be convicted of CPM in the Fifth Degree [PL 221.10(2)].
For more information about this or any other criminal matter, feel free to contact Tilem & Campbell toll free at 1-877-377-8666.

Having an experienced New York drug attorney is essential to getting the best possible outcome for your drug charge. Experienced criminal defense lawyers that know how to fight drug cases know that there are substantial differences in the way Marijuana cases are treated (spelled Marihuana in the the New York State Penal Law) and the way other drugs are treated. New York State treats marihuana offenses differently that most other drug offenses. Most importantly, marihuana is not a controlled substance under New York law. Therefore, offenses involving marihuana are not subject to New York’s harsh controlled substance laws. In fact, marihuana offenses in New York are codified in their own separate Article in the New York State Penal Law (Article 221) while Controlled Substance offenses are codified in Article 220 of the New York Penal Law.
This does not mean that possession of large quantities, or distribution of marihuana are not serious offenses in New York - they are. However, simple possession of 25 grams or less of marihuana in New York is generally not a criminal offense. [PL 221.05 & 221.10]. That means you or your teenage child can be caught with almost an ounce of marihuana (with an ounce being 28 grams) and most likely will only be charged with the non-criminal violation of Unlawful Possession of Marijuana (UPM). [PL 221.05]. Unlawful Possession of Marijuana is a non-criminal violation punishable as follows:
Generally: A fine of not more than $100.00
If You Were Arrested
And Convicted For One
Controlled Substance
Offense Within The
Three Years Immediately
Preceding Your Current
Arrest for UPM A fine of not more than $200.00

If You Were Arrested
And Convicted For Two
Controlled Substance
Offense Within The
Three Years Immediately
Preceding Your Current
Arrest for UPM A fine of not more than two hundred fifty dollars or a term
of imprisonment not in excess of fifteen days

For more information about UPM, other marihuana offenses or controlled substance offenses in New York, please contact Tilem & Campbell toll free at 1-877-377-8666.