MR. CORLETTA GETS SERIOUS DRUG CHARGE REDUCED TO MERE VIOLATION

Pointing to obvious deficiencies in the proof, which would probably have led to dismissal, Mr. Corletta obtained an unheard of reduction of a Felony Drug charge to Disorderly Conduct, with no fine or any other punishment in People v. A. J. (Rochester City Ct. 9/20).

          In that case, Mr. Corletta’s client was at a house where over a pound of marijuana was found, pursuant to a Search Warrant. However, no connection was established between the house and Mr. Corletta’s client, other than he was a casual visitor who happened to be there when the Search Warrant was executed.

          Mr. Corletta immediately contacted the District Attorney assigned to the case and pointed out that some “dominion and control” over the drugs by his client must be established, and that his client would not plead to any criminal offense. This resulted in the case being removed from the Grand Jury and being “pled down” to a violation, which is like a traffic ticket and relatively unheard of in serious drug cases. The client received no fine or punishment and the client's record was sealed.

          Once again, knowing the law and rules of evidence assisted one of Mr. Corletta’s clients.