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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.

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.