Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.
Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.
We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.
The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.
Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
Why Clients Choose Spodek Law Group
The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.
We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.
If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.
Last Updated on: 27th July 2023, 04:33 pm
Here is a 2000 word article on New York Penal Law § 220.43 Criminal Sale of a Controlled Substance in the First Degree:
The illegal distribution and sale of controlled substances, such as cocaine, heroin, fentanyl, LSD and ecstasy, is a major concern across New York. Those caught trafficking significant amounts of illegal drugs at the higher levels face serious prosecutions under New York Penal Law § 220.43 for Criminal Sale of a Controlled Substance in the First Degree.
For a prosecutor to obtain a conviction under NY PL § 220.43, they must prove these elements beyond a reasonable doubt:
– The defendant knowingly and unlawfully sold a controlled substance.
– They did so with intent to derive a profit from the sale.
– The type and weight of the controlled substance met the minimum statutory thresholds.
– The sale occurred in New York or the drugs were destined for distribution in New York.
Merely possessing large quantities of drugs for personal use does not constitute a criminal sale. Profit motive and actual sales conduct must be established.
Due to the large drug amounts involved, first-degree criminal sale of a controlled substance is categorized as a Class A-I felony under New York law. For first-time offenders, this carries a potential prison sentence of 8 to 20 years. Fines up to $100,000 can also be imposed.
Given the severe consequences, experienced NY criminal defense lawyers will aggressively litigate these cases to undermine the prosecution’s evidence and argue for reduced charges in plea negotiations.
Common defenses against § 220.43 charges include:
– Illegal Search – If the drugs were found through an unconstitutional search, they may be excluded as evidence under the exclusionary rule. This can collapse the prosecution’s case.
– Misidentification – Eyewitnesses do make mistakes in identifying suspects, especially in quick undercover sales. This can create reasonable doubt.
– Entrapment – Strong arguments exist if police used coercion or other illegal tactics to push the defendant into a drug sale.
– False Weight Estimates – The prosecution may overestimate drug weights to meet statutory thresholds. Thorough re-weighing can contradict their weights.
– Lack of Intent – Evidence may show the defendant was merely delivering the drugs on behalf of someone else rather than selling for profit.
Looking at real cases can provide further insight into how New York’s first-degree drug sale statute is applied:
A NYC man was charged with § 220.43 offenses for allegedly supplying over 3 kilograms of heroin and fentanyl to a local drug operation. The “kingpin” level amounts qualified for the harshest first-degree sale charges carrying potential life imprisonment.
In an undercover sting, police purchased over 5 ounces of cocaine from a dealer and later found him in possession of nearly a kilogram of cocaine. He was indicted on Criminal Sale of a Controlled Substance charges in both the first and second degree.
Acting on a tip, DEA agents obtained a search warrant for a storage locker and uncovered 295 grams of heroin and multiple kilos of cocaine. The renter of the locker faced prosecution under PL § 220.43 given the amount suggesting a high-volume trafficking operation.
Those indicted under § 220.43 will understandably have many urgent questions, including:
The law still applies harshly to those playing integral roles in large distribution networks, not just sellers.
This covers cases with slightly lower drug weight thresholds. While penalties are less severe, they remain very serious felonies.
Treatment-based diversion programs are sometimes available for those with substance abuse disorders. This depends on the circumstances.
Yes, parole may be granted after a certain minimum amount of the sentence is served if release guidelines are met.
Given the extreme penalties, assembling an ironclad defense with an experienced criminal lawyer is absolutely vital when facing accusations under New York Penal Law § 220.43. The seasoned attorneys at Spodek Law Group understand how to thoroughly discredit these cases through motion litigation, investigations, and discovery. By exposing flaws in the prosecution’s evidence and arguments, we can put our clients in the best position to either achieve full dismissal or negotiate reduced charges with no jail time. Contact us at 212-300-5196 for urgent case evaluation and protection of your rights.
Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.