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Bruce R. Bryan

NY Drug Crime Appeals

NY drug crimes are defined in Article 220 (offenses involving controlled substances) and Article 221 (offenses specifically involving marijuana) of the NY Penal Law. New York criminalizes the possession or sale of a controlled substance, including marijuana. A person is guilty of such crimes when the person “knowingly” and “unlawfully” “possesses” or “sells” a “controlled substance. ”

NY drug crimes are categorized by degree. Some NY drug crimes treat the offense more seriously because the NY drug crime takes place at a particular location. Most NY drug crimes increase in severity as the amount of the controlled substance possessed or sold increases. The People may also claim that a defendant was a member of a NY drug crime conspiracy or that the defendant aided and abetted another person to carry out the NY drug crime.

Issues in NY Drug Crime Appeals

A NY drug crimes appeal may challenge whether there is sufficient evidence for one or more of the elements of the drug crime charged. For example, a defendant may challenge the People’s claim that he was involved in the NY drug crime transaction, or that there was insufficient evidence of the weight of the drugs involved. A NY drug crimes appeal may argue that errors deprived the defendant of due process and a fair trial or just sentence.

A NY drug crimes appeal may also raise errors that happened prior trial, such as an improper identification procedure (see examples of NY drug crimes appeal Pre-Trial Errors). There may be errors in a NY drug crimes trial that occurred during the trial, such as rulings by the trial judge that wrongfully permitted harmful evidence or wrongfully excluded helpful evidence (see examples of NY drug crimes appeal Trial Errors). A NY drug crimes appeal may raise errors that happened post-trial or at sentencing (see examples of NY drug crimes appeal Sentencing Errors).

NY Drug Crimes Appeals to NY Appeals Courts

Most NY drug crime appeals are heard by one of the departments of the appellate division for the NY appeals courts (for the NY counties within each department, click NY Appeals Courts).

Seek NY Criminal Appeals Lawyer Bruce R. Bryan

To retain Mr. Bryan on a NY drug crimes appeal, contact him for a free consultation at his Syracuse office at 315-280-8790 or his New York City area office at 914-281-1850.

As illustrated in his Attorney Biography, Mr. Bryan has an extensive background as a NY criminal appeals lawyer.  He has represented numerous defendants on NY drug crimes appeals. He is the author of Guide to Criminal Appeals, Review and Parole in New York, an authoritative book that discusses in simple terms the process for bringing a NY criminal appeal. (Mr. Bryan has made available on this website a Free Downloadable Copy of his book).

Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, a highly regarded law school. He also teaches lawyers on NY criminal appeals. He has appeared before the Supreme Court of the United States and has handled numerous federal criminal appeals for clients to United States Circuit Courts of Appeal. NY criminal appeals lawyer Bruce R. Bryan will speak with you at no charge to discuss his possible representation on a NY drug appeal.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law

Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More