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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.

Our client was Indicted and charged with Manslaughter in the Second Degree, Criminally Negligent Homicide, Vehicular Homicide in the Second Degree, Assault and Driving While Intoxicated. It was alleged that in the early morning hours of September 3 rd, 2017 in the vicinity of Eastern Parkway and Troy Avenue in Kings County, the Defendant drove a vehicle in an Intoxicated condition and hit a pedestrian who was injured and died approximately three weeks later as result of complications. Our client, 65 years old, a New York City employee who has never been arrested, was devastated by the accident. However, what became apparent to Criminal Defense attorney Todd Greenberg is that there was no causal connection between the Defendant’s alleged Intoxication and the death. New York’s Penal Law is extremely harsh, and rightfully so, that when a death occurs and the driver is Intoxicated, there is a rebuttable presumption in the Statute that the death was due and caused by the driver’s Intoxication! After reviewing all the documentation that was obtained in the course of two (2) years, and after hiring an Accident Reconstruction Expert, it became clear that this accident could not be avoided! The pedestrian, who himself was intoxicated, was crossing in the middle of the street on a stormy night and Mr. Greenberg established that there was not enough time for any human being to react, whether drinking or not drinking! On the day of Jury selection, Mr. Greenberg was adamant that the District Attorney could not establish causation. On the next day, the District Attorney offered to dismiss all charges except Driving While Intoxicated which our client accepted. Although Mr. Greenberg’s client was facing fifteen (15) years in jail if convicted, the case ended with a plea to Driving While Intoxicated and Probation. Mr. Greenberg’s knowledge of the Law in this area, and his experience in numerous trials involving these issues, once again enabled Mr. Greenberg to help a client who was innocent of Manslaughter, Criminally Negligent Homicide and Vehicular Homicide. Call us at 718-268-0400 or contact us through www.addabboandgreenberg.com if you need help in a similar situation.

After our client was falsely accused of exposing himself in the restroom of Penn Station, we successfully secured a dismissal and sealing of his case. It was alleged that our client exposed himself and then rubbed his exposed penis in front of a minor while standing at a urinal inside the men’s room at Penn Station terminal. Our client maintained that he was a businessman commuting through Penn Station who was innocently and properly utilizing a urinal when an undercover police officer grabbed him and arrested him and several other men for public lewdness. We rejected all plea offers from the District Attorney and demanded a trial by jury. Ultimately we were able to convince the District Attorney that our client’s conduct was innocent and they agreed to dismiss and seal the case. Our willingness and ability to fight the case all the way prevented an injustice and resulted in all charges being dismissed and sealed. If you are charged with sex related crime, 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.

Our client, a Queens resident, was arrested and charged with leaving the scene of an accident which caused serious physical injury. The accident occurred at the intersection of Willets Point Boulevard and Utopia Parkway. It was alleged that our client, a 62-year-old male, struck the victim while she was in the crosswalk and then ran over her for a second time without stopping and exhibiting his license. Four eye witnesses testified, describing a silver SUV and one of them gave our client’s license plate number! Within one hour, the police came to our client’s house, confronted him when he admitted that he was in that area, as he is every morning, taking his dog to the dog park in his silver SUV. Through thorough cross-examination of each and every witness, Criminal Defense Attorney Todd Greenberg was able to establish contradictions in each witnesses testimony and, despite the fact that an eyewitness took down my clients license plate, our client was Acquitted and found not guilty of all charges! In presentation of the Defense case, Mr. Greenberg called Character Witnesses who testified that the Defendant spent his life volunteering to help others through various charitable organizations. Mr. Greenberg argued that a person of this character, if he struck a pedestrian, would not leave the pedestrian laying there to die but would have gotten out of the car and helped. After one week of testimony and presentation of evidence which, according to the District Attorney, was “very strong”, a “Not Guilty” verdict was rendered. Mr. Greenberg was able to point out, despite the eyewitness testimony, serious inconsistences and relied heavily on the argument that the Defendant was not the type of person who would commit a crime. Character Evidence is very strong and you need a Criminal Defense attorney who knows how to use it! Call us at 718-268-0400 or visit us at www.addabboandgreenberg.com.