NARCOTICS Category Archives — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

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

June 29, 2023 | Tilem & Associates

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 his pants. Arguing the officer did not have legal grounds to stop him, the defendant filed a motion to suppress the drugs that the officer eventually found on his person. The trial court denied the motion, and the defendant promptly appealed.

Facts of the Case

According to the opinion, the defendant was sitting in his car one evening when an officer on patrol stopped behind his car to observe. The officer saw the defendant move from the driver’s seat to the passenger’s seat. He then saw the defendant exit the vehicle and pull up his pants as he walked out.

The officer approached the defendant and, after a brief exchange, patted him down. At that point, the officer found marijuana and heroin on the defendant’s person. He was criminally charged, and he quickly filed a motion to suppress the evidence of the drugs. Once that motion was denied, the defendant appealed.

New York Court of Appeals Sides with Defendants in Recent Firearms Case

March 8, 2023 | Peter Howard Tilem

In a recent New York gun case before an appellate court in the state of New York, the court had to decide whether a search warrant executed by several state troopers was valid. Originally, the trial court decided that evidence found by the troopers should be suppressed, and it granted the defendants’ motion to controvert the search warrant and suppress the incriminating evidence. On appeal, the State asked the higher court to reverse this decision, but the court could not find a reason to agree with the State’s arguments and ultimately denied the request.

Facts of the Case

According to the opinion, the defendants were charged with drug and weapons offenses after state troopers searched their two-story home in Queens. A confidential informant had told investigators that he knew several firearms were in the defendants’ home since he had visited recently and been shown two guns by one of the residents.

Both the search warrant and the affidavit in support of the search warrant described a two story, two family home with a right entrance and a left entrance.

The officers searched the home and found drugs, ammunition, and guns on the first floor. Interestingly, they found nothing on the second floor. They also arrested several people. The defendants filed a motion to suppress, arguing the warrant that gave the officers permission to search the premises was invalid and that the evidence shouldn’t come in at trial. The Constitutions of both New York State requires that search warrants particularly describe the place to be searched and the items to be taken. This warrant authorized the search of the entire house even though the police were aware that it was a two-family home. Accordingly, the trial court granted this motion, and the evidence was suppressed.

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

November 16, 2022 | Tilem & Associates

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 did not meet the correct legal standard that would have allowed the officers to reasonably search the defendant’s apartment. Looking at the warrants, the court of appeals ultimately disagreed, sustaining the defendant’s guilty verdict.

Facts of the Case

According to the opinion, a confidential informant told undercover police officers that the defendant had illegal substances and weapons in his apartment. The defendant had no idea the police were suspicious of him, and he thus was unaware they had secured warrants from a judge to search his two apartments.

Soon, however, the officers executed their search warrants and came into the defendant’s apartment unannounced. They recovered various items, including one loaded pistol, heroin, fentanyl, and drug paraphernalia, immediately charging the defendant after having found these items.

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

October 22, 2022 | Peter Howard Tilem

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 he had made to a police officer before being given any Miranda warnings. Considering the context of the defendant’s statement, the appellate court reversed the lower court’s decision.

Facts of the Case

According to the opinion, the defendant was charged with several crimes in June 2021: criminal possession of a weapon, unlawful sale of dangerous substances, and criminal use of drug paraphernalia. Because the defendant had to receive medical treatment immediately following an incident with the weapon, he was taken to the hospital and put under emergency care.

A police officer was stationed outside the defendant’s hospital room, and the defendant proceeded to call the officer to his bed and say to him, “I’m beat up.” The officer asked the defendant exactly what happened, and the defendant explained the circumstances around how he illegally came into possession of a weapon. The officer then testified as to these statements before the court, using them as part of the State’s case against the defendant.

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

October 15, 2022 | Peter Howard Tilem

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 the denial of his motion to suppress his statements and certain physical evidence. The defendant was charged with criminal possession of a weapon in the second degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, criminal possession of a controlled substance in the seventh degree (four counts), criminally using drug paraphernalia in the second degree, criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fourth degree and three traffic violations.

Facts of the Case

According to the opinion, a state trooper observed the defendant’s vehicle change lanes without signaling and cross over a rumble strip on the highway. The state trooper proceeded to initiate a traffic stop, pulling the defendant over. Upon approaching the defendant’s car, the state trooper observed the defendant sitting in an “unnatural position” that appeared to shield something from view. In response to questioning, the defendant stated that he was returning from work. At that point, the state trooper asked the defendant to exit the vehicle, and the defendant complied. The state trooper continued to question the defendant, at which point, the defendant stated that he was returning from a friend’s house, which was inconsistent with his original answer. At this point, the state trooper decided to run a “file check” on the defendant and discovered he was on parole. The state trooper and his partner then asked for permission to search the car, and according to the trooper, the defendant answered in the affirmative.

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

August 1, 2022 | Peter Howard Tilem

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 that statements taken in violation of his Miranda rights should have been suppressed at trial. The appeals court denied his case, finding the defendant’s spontaneous statements were made outside of custodial interrogation and the officers were permitted to question him in order to best respond to his urgent medical needs. Generally, for a statement yo be suppressed because Miranda warnings were not given, the statement in question must be the result of “custodial interrogation.” That is a statement that was made in response to a question while the person being questioned is in “custody” as opposed to perhaps bein detained temporarily for investigation.

Facts of the Case

According to the opinion, the defendant was arrested following an investigation by law enforcement officials into a suspected drug smuggling and sale operation. Operating under information from a confidential informant, law enforcement officials surveilled and observed several drug transactions where the defendant sold drugs to the confidential informant. In response, a search warrant was executed and physical evidence was recovered. The defendant was taken into custody and transported to a correctional facility. At the correctional facility, the officers observed the defendant to be sweating, warm to the touch, and spitting out a chewed plastic bag. These observations gave rise to a reasonable inference that the defendant may need medical attention because he had consumed narcotics.

The Decision

The defendant raised several arguments on appeal. The defendant argued statements he made to law enforcement prior to being notified of his Miranda rights should be suppressed. Additionally, the defendant argued the sentence issued by the county court penalized him for exercising his right to a jury trial. According to the defendant, statements made to law enforcement officers as he was transported to the correctional facility were during custodial interrogation and in violation of his Miranda rights. Further, the defendant argued statements taken by law enforcement officers at the correctional facility should also have been suppressed under Miranda.

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

July 20, 2022 | Tilem & Associates

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 successfully argued that this officer’s error meant that he never should have been charged and convicted in the first place, the court of appeals reversed his guilty verdict.

Facts of the Case

According to the opinion, the defendant was charged approximately four years ago with criminal possession of a controlled substance in the seventh degree. When the arresting officer wrote out the accusatory statement that is necessary in every criminal case, the officer described the drug as “synthetic cannabinoid/synthetic marijuana.”

The defendant pled guilty to possession and was sentenced to a conditional discharge. He later appealed after consulting with an attorney, learning that the officer’s original statement did not provide enough specificity to qualify as adequate grounds for the State to criminally charge him. Originally, the court denied the defendant’s request, but the defendant appealed once more. This time, a higher court concluded that the defendant had successfully argued his case and that his conviction should indeed be reversed.

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

April 26, 2022 | Peter Howard Tilem

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 criminal activity. In his appeal, the defendant relied on a recently enacted law that legalizes possession of marijuana in certain amounts for individuals who are 21 or older in New York. The court acknowledged this new law but ultimately ruled that the law does not apply to convictions that occurred before the passage of the law in 2021. The Court found that the police officer had reasonable cause to believe that there was contraband located in the car, to wit marijuana. At the time of the search, possession of marijuana was still illegal in New York. Therefore, because the defendant was charged in 2018, he could not use the law to argue for his conviction to be overturned.

Facts of the Case

According to the opinion, two police officers were patrolling one evening in his car when they noticed the defendant pull away from the curb without signaling. The officers signaled the defendant to pull over and then conducted a traffic stop. Once the defendant rolled down his car window, the officers immediately smelled a strong odor of marijuana.

After the officers asked the defendant whether there was, in fact, marijuana in the car, the defendant answered in the affirmative and opened his center console. The officers found two bags of marijuana and $1,000 cash. Continuing to smell the marijuana, the officers searched other areas of the car and subsequently found a loaded firearm in the trunk.

New York Court Denies Defendant’s Appeal in Drug Case, Relying on Automobile Exception to the Warrant Requirement

April 9, 2022 | Peter Howard Tilem

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 court denied this motion, concluding that the officers conducted a proper search of the defendant’s vehicle. On appeal, the higher court agreed with the lower court’s denial of the motion to suppress. The defendant’s guilty conviction was thus affirmed.

Facts of the Case

According to the opinion, police officers worked on this case with a confidential informant, who provided samples of heroin that he had obtained from the defendant on previous occasions. On the day the defendant was charged for drug possession, the informant had arranged to purchase a large quantity of drugs from the defendant.

Because the officers had previously suspected the defendant of drug possession, they had arranged for a GPS to be put on his car to track his location. Thus on the day the informant was supposed to conduct the drug exchange, the officers were able to locate the defendant and his automobile. They searched the car and subsequently found a bag of heroin inside.

New York Court Rejects Defendant’s Challenge to Lineup Procedure in Recent Drug Case

January 27, 2022 | Peter Howard Tilem

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 disagreed, ultimately affirming the verdict as well as the defendant’s sentence of time in prison.

Facts of the Case

According to the opinion, investigators began looking into the defendant when they suspected he was involved in several drug transactions. As part of the investigation, officers used a confidential informant. They had the informant look at a group of photos then identify the defendant to let them know which person in the group of photos had been illegally selling drugs.

In two different picture lineups, sometimes referred to as photo arrays, the confidential informant identified the defendant as someone who they knew to be dealing drugs. The investigation led officers to charge the defendant with two counts of criminal sale of a controlled substance in the third degree, two counts of criminal possession of a controlled substance in the third degree, and two counts of conspiracy in the fourth degree.