Possession of Cocaine

by gwydionwilliams

In a recent case, State v. Murphy, the Appellate Division dealt with defendant’s conviction of third-degree possession of cocaine, a controlled dangerous substance.

At the trial, the police testified that they were conducting a surveillance in an area known for narcotics activity.  They observed defendant riding a bicycle.  They saw another man flag defendant down and hand defendant some money.  When defendant peddled away, the police approached the man.  At that point, the police saw defendant return, peddling toward them.  As defendant drew nearer, he dropped an item to the ground.  Police retrieved the item, and it was later identified as cocaine.

Defendant testified, too.  He denied the police account.  He testified the money was to buy beer.

In summation, defense attorney argued the police version was not believable; no person with cocaine would peddle toward the police.

The prosecutor argued that the police had no reason to lie; they had no stake in the outcome of the trial, although defendant did.  In the presence of the jury, defense counsel objected but the trial judge denied that request and held the comment to be a fair comment.

YOU BE THE JUDGE:  Should the conviction be reversed for the prosecutor’s comment?

The Appellate Division noted there is a certain latitude and even where a comment is improper, a conviction is not to be reversed automatically.  There is a three-part test: 1) whether defense counsel made a timely and proper objection to the remark; 2) whether the remarks wee withdrawn promptly; and 3) whether the court ordered the remarks stricken from the record and instructed the jury to disregard them.

The Appellate Division reversed the conviction because the remark was improper and the trial judge endorsed it by characterizing it as a fair comment.  Since credibility was a key issue in the case, the trial judge appeared to agree with the prosecutor’s argument.  Under the circumstances, the prosecutor’s remark had the clear capacity to unfairly tilt the outcome of the trial.  The Appellate Division had no confidence that the verdict was solely based on the evidence.

The Appellate Division also held that the trial judge should not have permitted the state to impeach defendant’s credibility with evidence of a prior conviction 17 years earlier.  This prior conviction had little probative value, but was unfairly prejudicial.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights.  Our law firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Cliffside Park, Clifton, Waldwick, Allendale, Upper Saddle River, Morris Plains, Parsippany, Fair Lawn, Wyckoff, East Rutherford and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County.  Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit.  There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.

Possession Of Cocaine: What Can Happen if You Are Arrested for Simple Drug Possession in California?

Add us: www.facebook.com Follow us: twitter.com Visit us: www.mcgregor-ernenwein.com Read about us www.toptorrancelawyers.com Being in possession of cocaine, heroin, methamphetamine, or designer drugs will typically result felony charges. Marijuana (cannabis) possession will usually incur misdemeanor charges. Our Los Angeles criminal defense lawyers have a combined experience of more than 50 years defending persons accused of this crime. Our founding partners are former Los Angeles prosecutors. Robert Ernenwein, one of our co-founders, is a board certified criminal law specialist. He has been consulted by media outlets to render his opinion on high-profile criminal cases. Call us at 1-877-338-4489 for help.

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