New York Criminal Attorney Blog
Recently, a New York defendant in a drug case, appealed his convictions before the Appellate Division, Third Department. In his appeal, the defendant argued that his convictions were “against the weight of the evidence,” a very hard burden to meet given that the Court is obligated to give deference to the Jury’s evaluation of the credibility of the witnesses. Unfortunately, the appellate court disagreed with the defendant’s argument and affirmed the convictions and sentences imposed by the lower court.
Facts of the Case
According to the opinion, the state used two confidential informants to catch the defendant in the act of selling heroin. Prior to each controlled buy, the police searched the confidential informants in order to make sure they were not bringing drugs to their agreed-upon meetup with the defendant. After each controlled buy, the informants brought the heroin to the police officers that the defendant had sold them. Following the controlled buy operations, the police obtained a valid warrant and searched the defendant’s apartment. They found several incriminating items, including a scale, baggies and cutting materials, and glassine envelopes.
The defendant was charged with and later convicted of a) criminal sale of a controlled substances and b) criminally using drug paraphernalia. Following his convictions, he filed an appeal, arguing that his convictions were against the weight of the evidence.
The Opinion
In order to consider the defendant’s appeal, the higher court had to consider whether, based on the evidence presented at trial, a finding of “not guilty” would have been reasonable. It was the court’s job to weigh all of the testimony and decide whether a different verdict should have been reached.
In this case, the higher court was confident that the defendant’s guilty verdict was reasonable. The police were thorough in their set up of the controlled buy operations. They had between five and eight officers monitoring the confidential informants’ actions during each operation. They also followed proper protocol when obtaining the search warrant, and the items they found in the defendant’s apartment supported his guilty convictions.
To avoid finding yourself in this difficult situation, hire an aggressive and knowledgeable New York drug attorney that you trust can fight hard for your rights during trial. By retaining a legal team that you know has your best interest in mind, you can make sure you do everything in your power to fight your charges as early as possible.
Do You Need a New York Drug Attorney by Your Side?
At Tilem & Associates, we provide aggressive representation and personalized solutions for our client community. If you need a New York drug attorney to help fight your charges, we are the team for you. Our experience in the field combined with our unwavering dedication to our clients make us well-positioned to provide you with the representation that you need. At Tilem & Associates, we believe that when your freedom is on the line, you should not have to settle for anyone but the best.
For a free and confidential consultation with a New York drug attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.