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State Courts -
New York - January 30, 2007
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People v. Rivera, 88, Ind. 1991/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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People v. Rodriguez, 96, Ind. 4838/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Defendant's conviction of criminal possession of a controlled substance in the fourth degree was affirmed because the fact that defendant was involved in a transaction in a particularly drug-prone area at 3:30 a.m. and the surrounding circumstances provided a basis for probable cause for his arrest.
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People v. Sanders, 2006-02178, (Ind. No. 1002-03),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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Overview: Defendant was not entitled to resentencing under L 2005, ch. 643, § 1 of the 2005 Drug Law Reform Act because, while he was eligible under Correction Law § 803(1)(d)(i) and (ii) to earn merit time allowance, he expressed no remorse, was a second felony offender, and received a disciplinary ticket for drug use, while incarcerated.
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People v. Stephenson, 75, Ind. 78/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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People v. Taylor, 87, Ind. 634/05,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Trial court properly denied defendant's motion to suppress since the record supported a finding that the police had probable cause to arrest him for theft of services under Penal Law § 165.15. Trial court also properly denied defendant's post-verdict motion to reopen the suppression hearing pursuant to CPL 710.40(4) because the motion was untimely.
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