Articles Posted in Drugs and Narcotics

NY criminal defense attorneys and their clients should take notice. Recently, New York County (Manhattan) Criminal Court Judge Elisa S. Koenderman rendered a decision in People v. Carlos Rivera, 2008NY031540, finding that it is not sufficient to support a charge of Criminally Using Drug Paraphernalia in the Second Degree (New York Penal Law 220.50[2]) where the drug in question is marijuana. In other words, the criminal intent must relate to narcotics or stimulants. Marijuana is neither type of contraband. Although the decision is applicable only in the realm of the charge of Criminally Using Drug Paraphernalia, this decision is one that experienced New York criminal defense attorneys and criminal defense law firms, such as the former Manhattan prosecutors of Saland Law PC, should add to their arsenal.

In the instant matter, the complaint alleged that the police arrested the defendant after they found one plastic bag containing marihuana, a scale and over fifty small ziplock bags in his apartment. Additionally, the defendant admitted the contraband was his.

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Just about every day in the NYC newspapers we read about someone being arrested for selling drugs such as cocaine, crack, heroin or marijuana. While the sale of drugs in NY can be a serious felony (marijuana sale is usually a misdemeanor in most situations) requiring mandatory prison, NY criminal defense attorneys often defend clients allegedly selling other controlled substances as well. In fact, the Brooklyn District Attorneys Office announced the indictment yesterday of Dr. Richard Lucente, a physician, for allegedly selling prescriptions for steroids. That’s right…Dr. Lucente is indicted for selling the prescription for a controlled substance and not the actual drug. While not as common of a charge as Criminal Sale of a Controlled substance, Dr. Lucente is indicted for Criminal Sale of a Prescription for a Controlled Substance. According to the Brooklyn District Attorney’s Office, “Lucente is charged with providing patients with prescriptions for steroids and human growth hormones, for a fee, when those patients had no medical need for the drugs.” Prosecutors further allege that Lucente would steer patients to Lowen’s Drug Store in Bay Ridge. In exchange for directing business to the pharmacy, Lowen’s Drug Store paid Lucente nearly $30,000 in kickback over a two to three year period.

Under New York criminal law, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance when, being a practitioner, that person knowingly and unlawfully sells a prescription for a controlled substance. In simple terms, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance if they are a doctor, or similar professional, and they knowingly sell a prescription not merely for any medicine, but for a controlled substance such as steroids.

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Working as a NY criminal defense attorney and as a prosecutor has allowed me to examine and analyze cases from all sides including drug crimes relating to drug sales and possession. As a prosecutor in the Manhattan District Attorney’s Office I was cross designated multiple times with the Office of the Special Narcotics Prosecutor to investigate drug organizations where cocaine, crack, and heroin were all sold by crews throughout New York City. As a NY criminal defense attorney, I have represented clients in narcotics and drug cases who are accused of being the target of an investigation where they allegedly sold drugs to an undercover police officer. Depending on the weight or the amount of the narcotic sold, these individuals faced charges related to either Criminal Sale of a Controlled Substance or Criminal Possession of a Controlled Substance.

The investigations I was involved in as an assistant district attorney are not going away anytime soon. In fact, Manhattan prosecutors announced a “take down” yesterday of the “Stack Money Family” that allegedly had a drug operation in the vicinity of 143rd Street. Fifteen alleged members and associates of this organization were arrested and charged with Criminal Possession of a Controlled Substance, Criminal Sale of a Controlled Substance and Conspiracy after the police executed nine search warrants Wednesday morning. According to the Manhattan District Attorney’s Office press release, the crew was run by a man who was incarcerated at Rikers Island.

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The NY criminal defense attorneys and founding partners of Crotty & Saland, LLP, have handled countless cases involving narcotics and drugs as both Manhattan prosecutors and as criminal defense attorneys. In the area of Criminal Possession of a Controlled Substance and Criminally Using Drug Paraphernalia, Crotty & Saland, LLP knows that prosecutors can charge you for either possessing the drugs and paraphernalia or they can charge you for constructively possessing that contraband. In other words, while the drugs may not have been in your pocket, in some capacity law enforcement has alleged that you exhibited dominion or control over the contraband.

Recently, on October 30, 2008, New York (Manhattan) County Criminal Court Judge Elisa S. Koenderman in People v. Anthony Lebron, 2008NY032832, dismissed a complaint charging the above offenses because the complaint was facially insufficient. In that matter, the police arrested Mr. Lebron after they recovered eighteen ziplock bags containing crack/cocaine residue from a bedroom in “the defendant’s apartment.” Additionally, according to the Court’s decision and review of the complaint against Mr. Lebron, “three large ziplock bags containing numerous small pink ziplock bags, four large ziplock bags containing numerous small clear ziplock bags, a scale, a glass pyrex measuring cup, and a white cup, all allegedly intended for use in the packaging and dispensing of narcotic drugs, were also recovered from ‘the defendant’s apartment.'”

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One of the more common crimes NY criminal attorneys deal with is Criminal Possession of Marihuana / Marijuana in the 5th Degree, a class “B” misdemeanor pursuant to NY Penal Law Section 221.10(1). A person is guilty of this charge if he or she “knowingly and unlawfully possesses marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view.”

Although the charge seems straightforward, if you possess a “blunt,” “joint,” or burning marijuana in public you are potentially guilty of this offense. However, before you throw your hands up in the air and plead guilty to this crime, you should consult with a knowledgeable New York criminal defense lawyer who can analyze elements of your case that you may have overlooked.

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It is no surprise to this former Manhattan prosecutor and current criminal defense attorney that the Manhattan District Attorney’s Office obtained a top count plea for Criminal Possession of a Controlled Substance in the First Degree and a severe sentence for the infamous Robert Chambers, a/k/a, the “Preppie Killer.” The notorious criminal is known for killing Jennifer Levin years ago in Manhattan’s Central Park.

Prior to his arrest, Mr. Chambers had been the target of an undercover police investigation where he ultimately sold a quantity of cocaine in excess of two ounces. Under New York State law, the sale of a controlled substance (cocaine, “crack,” heroin and other drugs) is punishable as felony regardless of how small or large the amount sold. One is guilty of Criminal Sale of a Controlled Substance in the First Degree (Penal Law Section 220.43) if he or she knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing a narcotic drug ad the preparations, compounds, mixtures or substances are of an aggregate weigh of two ounces or more. Under this offense it does not matter whether the amount barely exceeds two ounces or is multiple kilos.

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*** For further information regarding an arrest or issuance of a Desk Appearance Ticket for Criminal Possession of a Controlled Substance in the 7th Degree (NY Penal Law 220.03), and your criminal defense, please review the articles on drug quantity, constructive possession of drugs and the necessity of a laboratory analysis by law enforcement***

New York State has multiple degrees of drug possession offenses when an individual is accused of possessing a controlled substance. Mere possession in New York, whether it is in Manhattan, White Plains, Brooklyn or the Bronx, is at least a misdemeanor regardless of your purpose of having the drugs. In other words, having any amount of crack, heroin, cocaine, or other drugs, is punishable a by up to one year in jail even if you possessed it for personal use. Depending on the weight of the drugs and your intent, the crime can be prosecuted as Criminal Possession of a Controlled Substance in the First Degree punishable by a significant term of imprisonment. For the purposes of this entry, we will discuss only Penal Law Section 220.03, Criminal Possession of a Controlled Substance in the Seventh Degree.

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