People v. Gregory Warren

7 Citing cases

  1. Warren v. Fischl

    15-CV-2829(JS)(AKT) (E.D.N.Y. Nov. 5, 2015)   Cited 1 times

    However, because adjudication of Plaintiff's claims is barred by Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994), see infra at 12-17, the Court need not reach this alternate basis for dismissal. Warren also filed an unsuccessful application for a Writ of Error Corum Nobis seeking to vacate, on the ground of ineffective assistance of counsel, the Appellate Division's October 12, 1996 decision (People v. Warren, 232 A.D.3d 589, 648 N.Y.S.2d 670 (2d Dep't 1996)) modifying Warren's judgment of conviction rendered on June 20, 1994 in the County Court, Nassau County. People v. Warren, 23 A.D.3d 589, 804 N.Y.S.2d 263 (2d Dep't 2005).

  2. Warren v. Kelly

    207 F. Supp. 2d 6 (E.D.N.Y. 2002)   Cited 85 times
    Holding that prison transfers or restricted access to the law library and inability to secure court documents do not qualify as extraordinary circumstances

    The Second Department found that the trial court failed to instruct the jury that the Petitioner must know the weight of the controlled substance. The court otherwise affirmed the judgment, finding that the Petitioner's remaining contentions were either without merit or unpreserved for appeal. See People v. Warren, 232 A.D.2d 589, 648 N.Y.S.2d 670 (2d Dept. 1996). On June 27, 1997, the Court of Appeals denied leave to appeal.

  3. Dixon v. Miller

    56 F. Supp. 2d 289 (E.D.N.Y. 1999)   Cited 6 times

    People v. Sanchez, 86 N.Y.2d 27, 33-34, 629 N.Y.S.2d 179, 652 N.E.2d 925 (1995). Other circumstances suggesting knowledge of weight include known occasions where the defendant measured out an amount of cocaine requested by a confidential informant onto a scale, see People v. Warren, 232 A.D.2d 589, 590, 648 N.Y.S.2d 670 (2d Dep't 1996), the discovery of drugs packaged into numerous small bags of saleable units, see People v. Hardy, 226 A.D.2d 652, 653, 641 N.Y.S.2d 366 (2d Dep't 1996); People v. Wright, 214 A.D.2d 989, 990, 626 N.Y.S.2d 340 (4th Dep't 1995), the close proximity of drug paraphernalia, see People v. Love, 204 A.D.2d 97, 98, 610 N.Y.S.2d 958 (1st Dep't 1994), or evidence of the defendant's prior experience as a drug dealer, see People v. Juwara, 163 Misc.2d 311, 315, 620 N.Y.S.2d 909 (N.Y.Sup.Ct. 1994); People v. Sanchez, 205 A.D.2d 472, 613 N.Y.S.2d 912 (1st Dep't 1994). Viewed in the light most favorable to the prosecution, as required, the evidence is sufficient to show that petitioner knew the weight of the drugs.

  4. People v. Warren

    23 A.D.3d 589 (N.Y. App. Div. 2005)   Cited 1 times

    November 21, 2005. Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated October 21, 1996 ( People v. Warren, 232 AD2d 589), modifying a judgment of the County Court, Nassau County, rendered June 20, 1994. Gregory Warren, Rome, N.Y., appellant pro se.

  5. People v. Peterson

    245 A.D.2d 815 (N.Y. App. Div. 1997)   Cited 12 times

    Consequently, defendant's conviction of criminal sale of a controlled substance in the third degree must be reduced to criminal possession of a controlled substance in the seventh degree. Since the charges here were proffered prior to the statutory annulment of People v. Ryan (supra) (L 1995, ch 75), the People were required to prove beyond a reasonable doubt that defendant was aware of the weight of the cocaine (see, People v. Ingram, 235 A.D.2d 930, lv denied 89 N.Y.2d 1095; People v. Warren, 232 A.D.2d 589, 590, lv denied 90 N.Y.2d 865). Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur.

  6. People v. Hoyte

    183 Misc. 2d 1 (N.Y. Sup. Ct. 1999)

    Ryan (supra) was overruled by the Legislature but because the offense committed by the defendant, Rawlee Hoyte, was committed on December 3, 1994, before Ryan was overruled, the People were required to prove beyond a reasonable doubt that the defendant had knowledge of both the possession of the substance and its weight. (People v Warren, 232 AD2d 589 [2d Dept 1996]; People v Lamont, 227 AD2d 873 [3d Dept 1996]; see, People v Ramirez, 227 AD2d 281 [1st Dept 1996].) Therefore, a specific request to dismiss the indictment for lack of evidence of knowledge of the weight of the cocaine, or to at least reduce the charge to criminal possession of a controlled substance in the second degree, was warranted and this also might have altered the outcome of the case.

  7. People v. Hoyte

    183 Misc. 2d 1 (N.Y. Sup. Ct. 1999)

    75 Legis. (1995), 1995 Session Law News of N.Y. Ch 75, (S. 4381-A) (Criminal Possession of a Controlled Substance Minimum Weight-Knowledge by Defendant). Ryan was overruled by the Legislature but because the offense committed by the defendant, Rawlee Hoyte, was committed on December 3, 1994, before Ryan was overruled, the People were required to prove beyond a reasonable doubt that the defendant had knowledge of both the possession of the substance and its weight. People v. Warren, 648 N.Y.S.2d 670 (2nd Dep't. 1996);People v. Lamont, 643 N.Y.S.2d 243 (3rd Dep't. 1996); See, People v. Ramirez, 227 A.D.2d 281, 642 N.Y.S.2d 667 (1st Dep't. 1996). Therefore, a specific request to dismiss the indictment for lack of evidence of knowledge of the weight of the cocaine, or to at least reduce the charge to Criminal Possession of a Controlled Substance in the Second Degree, was warranted and this also might have altered the outcome of the case.