Blog

January 13, 2023 Our client was charged with 2 counts of Criminal Mischief, both Class A Misdemeanors, and charged with intentionally destroying her landlords property. From the outset, our client maintained her innocence and the case proceeded to trial. Criminal Defense Attorney Todd Greenberg, through diligent research, located information that severely affected the credibility of the witnesses, leading the Court to find our client “Not Guilty.” You can call Mr. Greenberg at 718-268-0400 and read about the accomplishments of Addabbo & Greenberg at Queenslaw.com.

New York Daily News His defense attorney, Todd Greenberg, said probation was appropriate in this case based on the mitigating circumstances and Mangaran’s personal history. Read More…

Criminal Defense Attorney Todd Greenberg obtained suppression of an AK-47 Riffle leading to a dismissal of a Queens County Indictment that charged the Defendant with a 3 ½ year minimum to 15 year maximum sentence for possession. Our client, along with four other “knuckleheads” (all were college graduates and some had a Masters degree), were at client’s business, two isolated acres bordered by water in Rockaway, Queens, on New Year’s Eve, December 31, 2020, and fired an AK-47 in the air. The shots were picked up by ShotSpotter and the police arrived. According to the District Attorney, our client, the owner of the premises, consented to a search which yielded the AK-47. The Prosecution demanded two years in jail and the case proceeded to Hearings. This was a case that Body Worn Cameras actually helped the Defendant expose the truth! The alleged “Consent” to search the premises was captured on video and Mr. Greenberg maintained that the video established that the District Attorney failed to meet it’s “heavy burden” of showing “clear and positive evidence” that there was a voluntary consent to search. Mr. Greenberg performed his usual due diligence by viewing every single Body Worn Camera worn by every Police Officer at the scene. There were at least thirty Body Cameras and fifteen Police Officers involved. During his review of the Body Cams, a Police Officer is heard “faintly whispering” to a fellow Police Officer just 10 minutes after the alleged consent “… are you sure he gave permission?”. Suppression granted! If you or your loved ones are charged with a crime, contact the Attorneys who review every tape, every piece of paper and make every legal argument on a client’s behalf and whom have been successful in preserving the Constitutional Rights of citizens. Contact our firm and ask for Todd Greenberg at 718-268-0400 or at Queenslaw.com.

Using a newly enacted 2019 Law, Criminal Defense Attorney Todd Greenberg was able to have his client’s fifteen-year-old conviction vacated and the Defendant resentenced to a Crime and Sentence that no longer mandated deportation. Our client, born in Lima, Peru, came to the United States with her parents on a temporary visa. After overstaying her visa, our client, now 37 years old with 3 children and gainfully employed, led a law-abiding life. However, at a young age, she did get involved in a criminal act in Queens which caused her to enter a plea to a Class “A” Misdemeanor. Now, fifteen years later, that guilty plea mandated deportation for our client who now resides in Miami, Florida. Based on the recommendation of an immigration attorney in Miami, Mr. Greenberg was retained and advised of a newly enacted New York Statute that the Legislature passed to relieve collateral consequences of a guilty plea regarding immigration status. Mr. Greenberg filed an extensive Motion, including the details of our client’s exemplary behavior since the time of the incident, and the Court granted our Motion; our client was permitted to withdraw her previous entered plea of guilty and the case was resolved in a manner that would no longer affect immigration status and saved her from deportation! Please contact Criminal Defense Attorney Todd Greenberg at (718) 268-0400 or visit us at www.Queenslaw.com if you have any questions regarding prior convictions, including marijuana convictions, and learn how these convictions can be set aside or reduced to avoid immigration consequences.

Our client, a Senior at the University of Albany, was arrested, charge and Indicted for Rape by force and other related charges. There is no question that such allegations are serious and taken seriously by this office. However, such allegations are not always true. This was that case! From the beginning of this prosecution in 2019, Mr. Greenberg’s Client, upon Mr. Greenberg’s advice, turned down all plea offers and was determined to take this matter to a Jury. After reviewing all the evidence, including a “controlled phone call”, it was the defense position, as the Client said, that this was a consensual sexual encounter between the parties. Indeed, a close scrutiny of a one-hour long phone call found, in Mr. Greenberg’s opinion, that certain phrases used by the Complainant, when put in context, indicated consent. At the final pre-trial conference held one week before the Trial was to commence, with the Judge and the Albany District Attorney, Mr. Greenberg convinced the District Attorney that the Complainant’s credibility was highly questionable. The District Attorney decided not to proceed to Trial with the case and offered a Violation instead of a Crime. Mr. Greenberg advised that it would be prudent to end the case with a guilty plea to Harassment, a Violation and not a Crime, instead of risking a Jury Trial. On March 9th, 2020, the parties appeared in Albany County wherein the case resolved with a non-criminal disposition. Of note, the Albany County Judge stated, on the record, regarding Mr. Greenberg, that “…I think your attorney has done an excellent job advocating for you…” The New York Rape Statutes and When a Close-in-Age Defense May Matter New York law recognizes several different forms of rape, and the applicable statute depends on the allegations. For example, Penal Law § 130.25 includes third-degree rape based on sexual contact without consent, while Penal Law § 130.30 addresses second-degree rape involving, among other circumstances, an adult engaging in sexual contact with a person under 15. New York's close-in-age defense is limited. Penal Law § 130.30 provides an affirmative defense for the age-based portions of second-degree rape when the defendant was less than four years older than the victim at the time of the conduct. The defense therefore can be important in an age-based prosecution, but it does not automatically apply simply because two people are relatively close in age. In the Albany case discussed here, the published case summary describes an allegation of rape by force and the defense's position that the encounter was consensual. The case ultimately resolved with a plea to Harassment, a violation rather than a crime, after defense counsel challenged the complainant's credibility and presented the context of a recorded telephone conversation. The original case summary does not identify the parties' ages or specify the precise statutory subdivisions of the original indictment. For that reason, it would be inaccurate to say that a close-in-age defense actually applied in this case. If the prosecution had instead involved an age-based second-degree rape charge under Penal Law § 130.30, the parties' ages could have made the less-than-four-years affirmative defense legally relevant. On the facts publicly described in this post, however, the reported resolution turned on the consent and credibility issues—not a documented close-in-age defense. For a clearer explanation of New York sex-crime law, see our Sex Crimes FAQ & Statutes Guide, covering rape statutes, consent, age-based offenses, close-in-age defenses, and other issues that can affect a criminal sex-offense case. This article discusses the law generally and the facts reported in this particular case. The application of a statute or defense depends on the exact charges, dates, ages, and circumstances of an individual case. This information is not legal advice. If you have been charged with a sexual offense contact Criminal Defense Attorney Todd Greenberg at (718) 268-0400 or visit us at www.Queenslaw.com.

After trial, our client was found “Not Guilty” of Assault and Criminal Obstruction of Breathing/Blood Circulation relating to a domestic violence allegation. Our client was arrested after his domestic partner reported that he had engaged her in a verbal dispute, grabbed her by the neck, threw her to the floor, stomped on her head, punched her in the face, and placed her in a chokehold. Skillful cross-examination of the complaining witness by Attorney Caitlin Quvus showed that the complainant fabricated and exaggerated her claims. Further, Ms. Quvus’ detailed analysis of the evidence in this case demonstrated that the complainant’s allegations could not be true. Ms. Quvus successfully argued that our client was not guilty of any crime, resulting in the dismissal of all Misdemeanor charges. Our client was found guilty of the Violation of Harassment and has no criminal record. If you are charged with Assault or any other domestic violence related crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at 718-268-0400 or visit us at Queenslaw.com.

Our client, a forty-five (45) year old male, was arrested in State College Pennsylvania and charged with various Felony charges involving his breaking and entering into two (2) homes. Our client’s family, who have known Mr. Greenberg for over thirty (30) years, hired Mr. Greenberg to represent the young man in Pennsylvania when local counsel could not favorably resolve the case. Immediately, Mr. Greenberg discovered that the client’s history involved severe mental illness and at the time of the client’s actions, he was delusional. Mr. Greenberg immediately subpoenaed past medical records, which were extensive, and filed a Notice of Insanity Defense, (In New York, the term “Insanity” has been replaced with “Mental Disease or Defect”) indicating that at the Trial the client would interpose a defense that he was not responsible for his actions based on mental incapacity. After extensive Conferences with the District Attorney, Mr. Greenberg was able to convince the District Attorney that the client should not be held criminally responsible because at the time of the act he could not form an intent to commit a crime. Instead of a trial and a possible jail sentence on a Felony, the District Attorney agreed to a Deferred Prosecution wherein the client will receive counselling for a two (2) year period and upon successful completion, the charges will be dismissed and sealed as if the incident never occurred! Todd Greenberg and the attorneys at Addabbo and Greenberg are available to help in any Criminal matter no matter what State. Our experience in Mental Disease defenses is extensive. Please call us at 718-268-0400 or visit us at www.www.addabboandgreenberg.com.

Our client pled guilty to Alien Smuggling and was granted a variance from the Federal Guideline Range that called for a jail sentence. Federal Criminal Defense Attorney Todd D. Greenberg argued that his client’s actions were not for financial but that he acted out of amorous feelings for a coconspirator. Further, his role, in relation to the other conspirators, was minimal. Mr. Greenberg submitted an extensive Pre-Sentence Memorandum setting forth the character of his client, his family contributions, his involvement in religious organizations and his work history to convince the Federal District Court Judge that there was extreme mitigation in his actions and that although his client committed a criminal act, he was far from a criminal. The Federal District Court Judge, acknowledging Mr. Greenberg’s hard work, stated that counsel did a “…very thorough job…” in his client’s sentencing submission and sentenced Mr. Greenberg’s client to two-years’ probation with a special condition of six months house arrest. Instead of a jail sentence which would have taken Mr. Greenberg’s client away from his family and two young children, Mr. Greenberg’s client can remain at home, work and lead a law abiding and productive life. No matter where your problem is, Mr. Greenberg can help. Please call us at 718-268-0400 or visit us at www.Queenslaw.com.

Our client was acquitted of all charges after a trial involving several days of testimony. She was arrested for driving while intoxicated after New York State Troopers responded to the scene of a motor vehicle accident. Addabbo and Greenberg attorney Caitlin Quvus successfully demonstrated that the other driver caused the accident when he rear-ended our client. Further, Ms. Quvus was able to show that after the other driver offered our client cash to walk away from the scene, our client called 911 to request police assistance. Ms. Quvus’ detailed cross-examination of both Troopers established that the Troopers’ testimony concerning their observations of the smell of alcohol on our client’s breath, that she had bloodshot, watery eyes and was unsteady on her feet, was flawed. Ms. Quvus successfully argued that despite the client’s refusal to submit to a breath test, there was an innocent explanation for the refusal that was not indicative of intoxication or impairment. Ms. Quvus’ ability to expose the Troopers’ flawed testimony, combined with our demonstration of an innocent explanation for the refusal of the breath test, showed that the client was neither intoxicated nor impaired by alcohol, and she was found “not guilty” of all charges. If you are charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

Due to the tireless and diligent efforts of attorney Dominic L. Addabbo over the course of almost two years, and after numerous court appearances and conferences with the District Attorney’s Office, Mr. Addabbo was able to obtain a plea of not responsible by reason of mental disease or defect, thereby saving our client a potential jail term of up to 25 years in prison. The negotiated plea resulted in our client being placed in a non-secure psychiatric facility under a civil order of commitment with no criminal penalties, an extraordinary outcome for a case of this serious nature. Once again, the expertise of the attorneys at Addabbo and Greenberg in defending persons suffering from a serious mental disease has yielded an extremely positive result, one that will provide our client with rehabilitation and treatment instead of incarceration.

Jury Deadlocked with regard to all charges involving marijuana impairment including most serious charge of Aggravated Vehicular Homicide. The so called controversial “Pot Defense” presented by New York Criminal Defense Attorney Todd Greenberg was based on scientific studies as explained to the Jury by a highly qualified Yale Professor. If convicted of top count Beer would have faced up to 25 years. Beer was convicted of the lesser charges of Manslaughter in the second degree based on reckless conduct. Watch on YouTube.