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Timing is everything and an experienced criminal defense attorney will use that concept, all within the bounds of the law, to get the best result for a client. That is exactly what Criminal Defense Attorney Todd Greenberg did on the day of Jury selection wherein our client, an engineering student studying for his Master’s degree, was charged with Assault in the First Degree and facing up to twenty-five (25) years in jail. Our client, a young man in his late twenties with no prior record, was accused of striking another person with a bat causing serious injury. The client adamantly denied the charges and was anxious for a trial. An element of the Crime of Assault in the First Degree is causing serious physical injury by means of a deadly weapon. It was alleged that the Complainant, after being hit by a bat, suffered a serious physical injury to his shoulder that required surgery. Serious physical injury is defined as injury which creates a substantial risk of death, protracted disfigurement, or protracted loss or impairment of the function of any bodily organ. The Complainant claimed that he could no longer work as a Mechanic because he lost the use of his shoulder and arm due to the injury and, therefore, suffered a serious physical injury. Unbeknownst to the Complainant, Mr. Greenberg hired an Investigator who videotaped the Complainant for a period of one month prior to trial, which showed the Complainant working on cars and using his “seriously injured” shoulder and arm while lifting the hood of vehicles he was working on. Mr. Greenberg waited until he was required by Law to turn over the videos, which was immediately before trial, so as to allow the Complainant to tell the District Attorney that he could not move his arm. It was clear that the Complainant lied to the District Attorney right up until the trial with regard to his ability to use his arm. The Assistant District Attorney who was handling the case immediately took the proper action upon disclosure of the video: since the Complainant lied to him concerning the extent of his injury, the Assistant District Attorney immediately informed the Judge that he was applying to the District Attorney himself to dismiss the Indictment! Sure enough, the Indictment was dismissed! Once again, Mr. Greenberg’s knowledge of the Law and his Trial experience and strategy paid off and his client, innocent of the charges to begin with, never even had to stand trial for these false charges. For expert legal defense call Addabbo and Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com.

After our client was falsely accused of forcibly touching a woman on the subway we successfully secured a dismissal and sealing of his case. It was alleged that our client a respected businessman, rubbed and pressed his private area against a woman’s thigh and hip while riding the “E” train. Our client maintained his innocence. We rejected all plea offers from the District Attorney and demanded an immediate trial by jury. We appeared in court ready for trial and the District Attorney dismissed the case outright! 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.

New York State has some of the toughest gun control laws in the world. Our clients were retired military veterans and legal firearm holders who resided in Hawaii. Upon traveling through New York, they declared their weapons, which were contained in proper lockboxes in accordance with TSA regulations, at a ticket counter inside LaGuardia airport when they were arrested and charged with felony gun possession. Our office immediately put together a persuasive mitigation package and appealed directly to the Chief Assistant District Attorney of the firearm bureau of the District Attorney’s Office. Our strong advocacy on behalf of our clients convinced the District Attorney that the case was worthy of being dismissed. The case was subsequently dismissed and sealed without our clients needing to return to court. If you are charged with a firearm related offense, or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at 718-268-0400 or visit us at www.www.addabboandgreenberg.com.

Our client, a 36-year-old female, was arrested and charged with two counts of Class “A” Criminal Sale of a Controlled Substance, the most serious charges contained in the Penal Law of the State of New York. Her husband was also charged and arrested. The evidence against our client consisted of observations by undercover officers and wiretap conversations. Immediately, a Writ of Habeas Corpus was brought to lower her bail and, within 2wks after her arrest, she was released on bail. Upon examining the wiretaps, it became clear to Criminal Defense attorney Todd Greenberg that our client did not have the necessary “intent” to participate in the drug sale and that she became an unknowing participant in her husband’s criminal activity by picking up and dropping off packages. Mr. Greenberg, Esq. and Ms. Caitlin Quvus, Esq., were able to establish to the District Attorney that our client was used by her husband codefendant without knowledge and intent to violate the Law. Our persistence paid off: on October 3rd, 2018, the District Attorney consented to a resolution of the case with a plea to Disorderly Conduct, a Violation and not a Crime. Our client, who would have had not only serious criminal consequences but also immigration consequences if she were found guilty, is now free of any criminal record and could go on with her life. For the best possible results in a criminal matter, contact New York criminal attorney Todd Greenberg, Esq. or Caitlin Quvus, Esq. at 718-268-0400 or visit our firm’s website at www.addabboandgreenberg.com

After a trial that lasted several days, a Queens County Judge acquitted our client of all drinking driving charges. Our client was initially stopped for speeding on the Grand Central Parkway and was asked to step out of the vehicle after the Officer allegedly smelled an odor of alcohol. Addabbo and Greenberg Criminal Defense Attorney Caitlin Quvus successfully utilized a video obtained from the Officer’s dashcam to cross-examine the Officer and elicit conflicting testimony. Further,, Ms. Quvus was able to extract testimony from the Intoxicated Driver Testing Unit Technician that contradicted the first Officer’s testimony. Detailed cross-examination of both Officers established that neither Officer was a credible witness. Ms. Quvus successfully argued that despite a breath test reading that showed the client’s blood alcohol content to be above the legal limit, the inconsistent and contradictory testimony by the Officers combined with the client’s performance on the physical coordination tests showed that she was not impaired by alcohol and she was found “not guilty” of all drinking driving 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.

Our client, a Queens Contractor, was charged with Possession of two (2) Loaded Firearms in his garage. Under the New York SAFÉ ACT, Possession of a weapon, even in one’s home, was raised to a Class “E” Felony. Our client, in the midst of a bitter divorce, was arrested when police officers responding to a domestic incident came to his home wherein our client’s estranged wife directed them to the guns in a draw in his garage which was under his control. After two (2) years of litigation, the Jury returned a “NOT GUILTY” verdict in this matter on June 26 th, 2018. At trial, Criminal Defense Attorney Todd Greenberg attacked the DNA evidence that was presented which showed our client’s DNA on those two guns. Through the Prosecution’s own case, the Defense established that our client was “set up” by his wife who wanted him out of the house! Additionally, based on Mr. Greenberg’s knowledge of DNA evidence, Mr. Greenberg was able to show that the Office of the Chief Medical Examiner of New York simply did not do a proper analysis in this case. He exposed the OCME’s protocol of only taking the highest quantity of DNA on a gun and analyzing it, which was our client’s DNA, but ignored two other locations of DNA on the gun without analyzing same. The argument to the Jury was that this incomplete investigation deprived the Jury of very important data as to who touched that gun. Further, during cross-examination, Mr. Greenberg was able to get the Criminologist from the OCME’s office to admit that the Defendant’s DNA actually was a mixture and contained the DNA of a third person which was never tested. After speaking with the Jury at the end of the case, the Jury highlighted to Mr. Greenberg that they followed his summation and found the DNA Analysis insufficient and that the Defendant’s wife lacked credibility. If you are falsely arrested and charged with a crime call Criminal Defense Attorney Todd Greenberg for the best result at 718-268-0400 or visit our firm’s website at www.addabboandgreenberg.com.

LONG ISLAND CRIME WOMAN PLEADS NOT RESPONSIBLE FOR MOM’S DEATH Attorneys said Suzan Grossman-Kerner of Oceanside was not responsible due to mental illness in the 2015 stabbing of her mother, Irma Grossman. By Joan Gralla @JoanGralla Updated May 15, 2018 9:30 PM An Oceanside lawyer pleaded not responsible for stabbing her mother to death due to mental illness, attorneys said on Tuesday. The Nassau district attorney’s office confirmed the plea by Suzan Grossman-Kerner, who had been charged with the murder of her mother, Irma Grossman, 79, in August 2015. “This is one of the top heart-wrenching cases; when somebody kills their mother, there has to be real, real mental illness here,” her lawyer, Todd D. Greenberg, said by telephone. Grossman-Kerner “was a successful attorney, with three kids, and a good job – and she snapped,” he said, noting her husband, also an attorney, has stood by her. Her collapse began after superstorm Sandy in 2012 destroyed some of her belongings, said Greenberg, who documented his client’s psychiatric history in a presentation before acting state Supreme Court Justice Meryl J. Berkowitz. “She grew depressed, delusional, dysfunctional; the mental illness, as her doctor said, ‘took a severe, unrelenting mental course,’ ” her attorney said. As a patient at Zucker Hillside Hospital, Grossman-Kerner underwent 40 electroconvulsive therapy treatments, he said. “And she felt that harmed her,” Greenberg said. “Basically, she blamed her mother and her husband for the particular treatment she received,” he said. Glen Oaks-based Zucker Hillside Hospital is part of Northwell Health. Citing patient confidentiality laws, a Northwell spokesman declined to comment. On Aug. 17, 2015, Grossman-Kerner went to her mother’s Terrell Avenue home in Oceanside, where the two argued over “her daughter’s ongoing medical conditions,” police said at a news conference on the following day. “The daughter, enraged, ultimately stabbed her mother to death,” Det. Capt. John Azzata said at the time. The mother was pronounced dead at South Nassau Communities Hospital at about 2:55 p.m. Grossman-Kerner called 911 about 12:48 p.m. and told authorities her mother had been assaulted. She was arrested at the scene and then charged with murder in the second degree. Since her arrest, Grossman-Kerner has spent most of the time in Nassau County jail, her lawyer said. She also has been examined by a doctor chosen by the prosecutors, he said, thanking the Nassau district attorney’s office for “doing the right thing” in this case. Two psychiatrists now will examine her to determine whether “she is dangerously mentally ill,” her lawyer said, and present their findings to the judge on June 19. If they determine she is dangerous, Grossman-Kerner will be sent to a secure psychiatric hospital, and re-examined periodically to see if she has improved enough to be transferred out. Said her lawyer: “Ms. Grossman-Kerner has an opportunity and will receive the proper psychiatric care and hopefully get herself back to a normal state.” By Joan Gralla https://www.newsday.com/long-island/crime/oceanside-murder-plea-mother-1.18561979

After a two-week Suppression Hearing involving testimony from police officers, detectives and a psychiatrist for the Defense and a psychiatrist for the Prosecution, all statements made by our client, who was charged with Arson and Assault, were suppressed as a matter of Law. Knowledge of the Law and extensive preparation in presenting Psychiatric testimony, resulted in the Constitutional Rights of our client being upheld. When an incriminating statement is made by a defendant in police custody, the Prosecution has a “heavy burden” of proving that the statement was voluntarily given. In the case of a mentally ill Defendant, more than a simple recitation of the Miranda Warning is required: New York’s highest Court has set forth that “The People must establish that the Defendant grasped that he or she did not have to speak to the interrogator…” In the case at bar, Addabbo and Greenberg attorney’s Todd Greenberg and Caitlin Young were able to prove that although the Defendant responded “yes” to a waiver of his Miranda Warning, that, in actuality, he did not “grasp” the meaning of those warnings. The Court held, in suppressing all statements, that “…clearly the Defendant suffers from a mental illness and appears, based upon the People’s own witnesses, that he was suffering from some form of illness in the way he reacted to law enforcement officers that basically was described by both officers who testified regarding the Defendant’s bizarre behavior”. Mr. Greenberg’s extensive courtroom experience was key in eliciting the proper testimony that the Judge relied on. Ms. Caitlin Young, Esq., prepared a detailed and well written legal brief that highlighted the factual issues and the Law, which ultimately the Court adopted. No matter how bleak your situation is, the lawyers of Addabbo and Greenberg will fight for you and bring forth all issues that will help achieve the best resolution. At Addabbo and Greenberg, we have handled numerous cases involving mentally ill defendants and are familiar with issues involving such clients in the Criminal Justice System. Call us at 718-268-0400 or visit our firm’s website at www.addabboandgreenberg.com.

Drunk Driving is a serious crime and should be prosecuted to the fullest extent. However, sometimes a person is arrested for DWI when he is not Intoxicated, but did have a drink and his breath smells of alcohol. This is that case! Despite a 0.10 reading on the breathalyzer, Queens Criminal Defense Attorney Todd Greenberg obtained an Acquittal of all charges for our client, a Certified Airline Mechanic, whose career was on the line. How? During cross-examination of the arresting officer, Mr. Greenberg elicited that although our client passed a red light at 2:30a.m. and the Police Officer stated there was a strong odor of alcohol coming from his breath and he had blood shot eyes, that, in fact, the strong odor of alcohol was coming from the vehicle (not our client), that our client was steady on his feet, cooperative and he was speaking clearly. Further, Mr. Greenberg had the Officer admit that during his observation of our client’s operation of the vehicle, both before and after the red light, he operated the vehicle as a “reasonable and prudent driver”! That language is critical in that the DWI Statute sets forth that a person is Intoxicated when he consumes alcohol to the extent that he cannot operate the vehicle as a “reasonable and prudent driver”. Although the Intoxicated Driver Testing Unit Technician, who administered the breath test, said our client failed the physical coordination test, detailed cross-examination established that the technician failed to give proper instructions regarding the tests. For instance, a video tape showed that our client failed the Finger to Nose Test. However, the instructions for the Finger to Nose Test sets forth that a suspect should tilt his head “slightly back” with his eyes closed. The IDTU Technician told our client to tilt his head “all the way back until he is looking at the ceiling”. Mr. Greenberg then had the Technician admit that the test must be given properly to yield any value. Clearly, the tests were not administered properly in this case. Mr. Greenberg’s knowledge of the Law was critical: although there is a per se 0.08% level of intoxication, whether a person exhibits the signs of intoxication or not, the Law clearly says that a person’s physical attributes can be weighed against the results of the test to determine if the test is correct. In this case, Mr. Greenberg argued that the test result had to be in error because our client did not exhibit the common signs of intoxication. Our client was acquitted of all charges involving Driving While Intoxicated and Driving While Under the Influence, a considerable victory given the fact that the District Attorney insisted from the inception of this case that our client was Intoxicated. Knowledge of the Law, knowledge of the facts of the case and experience in cross-examining police officers led to the best result possible: an acquittal of all charges. You can reach Mr. Greenberg at 718-268-0400 or visit our firms website at www.addabboandgreenberg.com.

Three of four men received jail time and a national Asian-American fraternity was barred from doing business in Pennsylvania Monday in connection with the December 2013 hazing death of a college student in the Pocono Mountains. Kenny Kwan, Charles Lai, Raymond Lam and Sheldon Wong – all fraternity brothers of Pi Delta Psi – were sentenced after pleading guilty in May to manslaughter as accomplices and hindering apprehension in the death of Chun Hsien “Michael” Deng, an 18-year-old at Baruch College in Manhattan who was pledging to the fraternity when he died. Blindfolded and wearing a backpack, Deng was forced to walk in the backyard in the early morning hours through a line of fraternity members who allegedly pushed, shoved and tackled him in an attempt to bring him down, court records state. Judge Margherita Patti-Worthington, of the Court of Common Pleas of Monroe County, sentenced Wong and Lam each to 10 to 24 months incarceration; Kwan to a term of 12 to 24 months; and Lai to time served, according to attorneys for several of the defendants. Each sentence will be followed by seven years probation, according to Kimberly A. Metzger, a prosecutor with the Monroe County Office of the District Attorney. Wong’s attorney, Steven Brill, and Lam’s lawyer, Todd Greenberg, said their clients were taken into custody following the hearing and began serving their sentences in county jail immediately. Both Brill and Greenberg said there were no plans to appeal the conviction or sentencing. “There were no winners today or in this case,” Brill said. “Michael Deng has died. Sheldon Wong’s life is shattered and uncertain. But this sentence is reasonable enough that it allows Sheldon to get out and continue on the productive road that he was on before this night ever happened.” Greenberg said the sentencing process was extremely fair. “The judge took into consideration all of the mitigating factors in this case,” he said. “There’s no question that this is a tragic incident with regard to Michael Deng, but equally tragic to Mr. Lam and his co-defendants in the sense that they were young men on the right track and nobody intended this to happen.” Jim Swetz, Lai’s attorney, said in a phone interview that his client was eligible for immediate parole and was released. He said he was satisfied with the sentence, adding that Lai would not be available for interviews because of ongoing civil litigation. Robert Saurman, Kwan’s attorney, said Tuesday they were satisfied with the verdict. “The judge was fair,” he said. “She applied justice to it, weighed the balance, and came out with a very just decision, which punishes the defendants but also recognizes that they didn’t act with any malice, that they made mistakes, horrible mistakes, but no one intended any harm.” Earlier Monday, Patti-Worthington sentenced Pi Delta Psi to 10 years probation and imposed a $112,500 fine, the maximum allowable by law, according to Metzger. The fraternity, which was convicted in late November on criminal charges, including aggravated assault and involuntary manslaughter, is required to pay off the fine and associated cost of prosecution within five years, Metzger said. Pi Delta Psi must also give written notice 60 days from Monday of its conviction and sentence to all colleges and universities across the country where it currently has or has ever had a chapter, associate chapter or colony, or where they plan to host or establish them, according to Metzger. Metzger said she had asked for 20 years probation, but was satisfied with the sentence. “I think the judge really took her time with contemplating what was the most appropriate sentence, and so we have no objection to what she’s done here,” Metzger said. Wes Niemoczynski, Pi Delta Psi’s attorney, said the sentence was within the judge’s discretion but that the fraternity is going to appeal the verdict. “What happened at trial, I think, was a gross mischaracterization of the fraternity and its policies and its rituals and all the rest of that,” he said. Deng’s mother submitted a written statement to the court ahead of the sentencing, according to Metzger; his family was not present in court Monday. Deng was pledging to Pi Delta Psi when he died during a December 2013 retreat at a rented house in the Poconos, around 96 miles west of New York City. The hazing was part of a violent ritual known as the “glass ceiling.” Deng fell several times and suffered multiple blows to his body, including his head, according to a forensic pathologist, court documents state. A grand jury presentment said he was brought into the living room, but wasn’t driven to a hospital for at least an hour. An autopsy showed Deng died of complications of traumatic brain injury, and the delay in treatment, the forensic pathologist said, significantly contributed to his death, according to court documents. Last January, fraternity member Ka-Wing Yuen was the first of 37 individual defendants sentenced in the case. Yuen pleaded guilty to charges of conspiracy to hinder apprehension by evidence tampering, a third-degree felony, and conspiracy to commit hazing, a misdemeanor. He was given five years probation, ordered to complete 100 hours of community service, and pay a $1,000 fine. Metzger said 30 individual defendants in November entered guilty pleas and were all sentenced to probation, ranging from six to 36 months. Former national fraternity president Andy Meng, brother of U.S. Rep. Grace Meng (D-N.Y.), was given the harshest punishment of 36 months probation, according to Metzger. Deng’s family has also filed a lawsuit against the fraternity. https://www.nbcnews.com/news/asian-america/fraternity-fined-sentenced-probation-2013-baruch-college-hazing-death-n835731

This case illustrates why it is important to retain a private attorney immediately upon being arrested. Our client, a twenty-three year old man, was arrested as he stepped off a plane at JFK Airport returning home from China after visiting his family. He was charged as a Fugitive from Alabama and immediately detained in an Extradition Proceeding. It was alleged that he was charged with Theft of Property in Alabama, allegedly occurring on September 17, 2016. In an Extradition Proceeding, the only issue for the New York Courts to decide is whether the person arrested is the person wanted in Alabama. Guilt or innocence of the Crime is not inquired into. However, the definition of a “Fugitive from Justice” is that the person under arrest in New York was present in the demanding state (Alabama) at the time the crime was committed. Our client appeared at his arraignment in Queens County with a Public Defender who advised him to waive his Right to a Writ of Habeas Corpus and to consent to be sent to Alabama. Once that occurs, Alabama would have to pick up our client in Thirty (30) days and can ask for a sixty (60) day extension, while the arrested person remains in jail. Four days after the Waiver, the client retained Criminal Defense Attorney Todd Greenberg who immediately attempted to withdraw the Waiver on the ground that the client had indisputable evidence that he had never set foot in Alabama! Mr. Greenberg spoke to family members, obtained employment records and proved beyond any shadow of a doubt that his client was never in Alabama. Despite that evidence, the Judge refused to allow the withdrawal of the Waiver and denied Mr. Greenberg’s application to release his client. While Mr. Greenberg was preparing a Writ of Habeas Corpus and an Appeal to a higher court, he met with the Assistant District Attorney in charge of Extraditions and pleaded on behalf of his client that an innocent man was being held in jail and that despite the Court’s failure to allow the withdrawal of the waiver, the Queens District Attorney’s Office should look into this matter immediately. In the interest of Justice, and based on Mr. Greenberg’s representations, Assistant District Attorney George Farrugia exercised due diligence, investigated the matter, and, on Veteran’s Day, a holiday, came to court himself to urge the Court to release our client so that he may travel on his own to Alabama to straighten this matter out. Our client was released and Mr. Greenberg has contacted the Alabama Authorities to convince them that they have a Warrant for an innocent man. The Queens District Attorney’s Office went out of its way to procure Justice for our client for which we are very thankful. Call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at www.addabboandgreenberg.com for the best result in your case.

A Nassau County District Court Judge dismissed a DWI case prior to trial on Motion of Criminal Defense Attorney Todd Greenberg on the ground that the District Attorney of Nassau County failed to be ready for trial within the appropriate time limit. The Defendant in this case had a prior attorney who was urging her to plead guilty. Mr. Greenberg immediately advised the District Attorney that there would be no plea in this case. The reason was simple: it was alleged that our client, on Thanksgiving Day 2015, was in a car accident on the Southern State Parkway wherein she was struck from the rear and did not cause the accident. Upon the police arriving, they smelled alcohol on our client’s breath and she advised that she was at Thanksgiving dinner with her family and during the course of the day had three (3) glasses of wine.  She blew a 0.08% of Blood Alcohol Content on a breathalyzer machine which is the exact legal limit for Driving While Intoxicated. During pretrial hearings regarding her statement, Mr. Greenberg elicited this astonishing fact: the police officer placed our client in the back of the police car in handcuffs, but since the Trooper did not know how to drive a stick-shift he removed our client from the car, removed her handcuffs, and told her to move the car, which she did! How could an officer say that a person was so Intoxicated that she could not operate a vehicle as a reasonable and prudent person, which is the legal standard, yet hand her the keys to the car on the crowded Meadowbrook Parkway to move the car. Although Mr. Greenberg was anxious to take this case to a Jury, he insisted in having a trial and, eventually, after the People kept stating they were not ready for the trial, the case was dismissed on Constitutional Speedy Trial grounds. If you find yourself charged with DWI or any serious crime, hire an attorney that does not immediately jump into a plea deal but prepares the case and has the knowledge and experience to take cases to trial. Call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at www.addabboandgreenberg.com.