All Felony Sexual Abuse Charges Dismissed in the Midst of Jury Trial
In the midst of a re-trial of a case that resulted in a hung jury, all felony charges were dismissed against the Defendant, a Vascular Technologist with Winthrop Hospital, based upon the extensive legal research and arguments made by Criminal Defense Attorney Todd. D. Greenberg. The Defendant was charged with three counts of a Criminal Sexual Act. It was alleged that he had oral sex with three patients while he was performing a sonogram. The pivotal issue in the case was whether the Defendant was a “Healthcare Provider”, as defined in the Penal Law of the State of New York, wherein there could be no consent between adults in that setting. After extensive legal research regarding case law and the legislative history of the term “Healthcare Provider”, and after several motions, a previous trial, and a trip to the Appellate Division, a Nassau County Judge agreed with the Defense that the Defendant was not, as a matter of law, a “Healthcare Provider”, which is defined as a person who practices medicine by either diagnosing, testing, operating, or prescribing. As a result of the persistence of Criminal Defense Attorney Todd D. Greenberg, all felony charges were dismissed.
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