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On August 16th, 2017 our client was acquitted by a New York County Jury of Criminal Sale of a Controlled Substance, a Class “B” Felony, as well as Possession with Intent to Sell. The District Attorney told the jury that this was an “open and shut case” for a conviction based on the fact there was a video of the sale, which allegedly took place at the Marquee Club in New York, as well as being witnessed by a security guard. At Trial, the District Attorney played the video, called the alleged buyer to the stand and also the security guard who stated he was 5 feet away and witnessed the sale. Significantly, at the Pretrial Hearing, based on the Cross Examination skills of New York Criminal Defense Attorney Todd Greenberg and his knowledge of the Law, all statements and items seized upon our client’s arrest was suppressed in that the People failed to establish “Probable Cause”. Put simply, the District Attorney presenting the case failed to put enough facts into the Hearing to establish the predicate for the arrest! Therefore, the evidence at Trial consisted of an alleged drug sale without any money being recovered from the Defendant! Please call Criminal Defense Attorney Todd Greenberg if you need help and for the best result! Call us at 718-268-0400 or reach us at www.addabboandgreenberg.com.

Not only did Queens DWI attorney Todd Greenberg obtain a dismissal of a complaint charging Operation a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the complaint, on July 24 th, 2017 a False Arrest case based on that arrest was settled for a substantial amount of money. In January of 2016, our client was involved in a one car motor vehicle accident and the police alleged that our client made an incriminating statement and that she was “confused”, that she had “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent and defective to the legal sufficiency of the complaint was allegations that the Defendant ingested any alcohol or a drug, that the drug allegedly ingested was prescribed by the Public Health Law and that our client operated a motor vehicle impaired by such ingestion. Further, Mr. Greenberg argued that the police officer’s observations were consistent with just being in an accident and not evidence of intoxication. Moving immediately for a dismissal of the complaint based on applicable Law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Thereafter, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the act of the police officer in arresting the Defendant without “Probable Cause”. On July 24 th, 2017, the Federal Civil Rights and False Arrest case was settled for a substantial amount of money. Once again, knowledge of the law and immediate action in Court has resulted in the best possible result: Dismissal of a DWI charge and substantial recovery for False Arrest! Call us at 718-268-0400 or reach us at www.addabboandgreenberg.com.

Too many times in my career, young adults with good backgrounds make stupid decisions. This case is one of them. Our client, a college student, got involved with three (3) other young men and acted as the getaway driver in what was an armed robbery of Caesars Atlantic City Casino in 2014. The case was prosecuted in the Atlantic County Court in New Jersey by the office of the Attorney General Casino Prosecution Bureau. The evidence established my client’s car as the getaway car and our client was implicated by several witnesses. Two of the other men went in the casino, placed a gun at a teller’s head and stole in excess of $180,000.00. Our client was arrested two (2) weeks later and made a full confession except for one detail: Our client maintained that although he knew there was going to be a theft, he did not know that the person going into the casino was armed with a weapon. One of the other defendants was a former employee and our client thought that he knew where the money was and that there was inside cooperation. His family, from Queens, immediately contacted Mr. Greenberg who has been fighting this case since 2014. Mr. Greenberg immediately understood there was a major difference in the sentencing structure if our client knew there was a gun and it was going to be an armed robbery. Although the Attorney General did not accept our client’s version at first, with persistence and due diligence, and pointing out other factual matters to the Attorney General, Mr. Greenberg was able to establish that our client did not know that the other participant was armed with a gun. The difference was significant in that an armed robbery conviction would mandate a sentence of up to 25 years and under New Jersey’s “No Early Release Act”, our client would have had to do 85% of the sentence! Instead, under the Theft charge, our client was sentenced to 7 years but the “No Early Release Act” did not apply. The bottom line is that our client was just released on July 10th, 2017 after serving three (3) months of his prison sentence under a New Jersey program known as “Intensive Probation Supervision”. Our client, now 23, has been reintegrated into society and is on his way to being a productive and contributing member of the community. No matter how serious your situation seems, contact Criminal Defense Lawyer Todd Greenberg for the best results at 718-268-0400 or at www.addabboandgreenberg.com.

Our client was charged with Forcible Rape in the First Degree, a charge that carries a potential twenty-five (25) years in jail, based upon what our client maintained was a consensual encounter. The Indictment charged that our client engaged in sexual intercourse with a female by means of “forcible compulsion”. It was alleged that our client “…did grab the informant by the informant’s hair, throw the informant to the floor, causing the informant to fall to the informant’s knees, hold the informant down by placing his hand on the back of informant’s neck and…” had intercourse without informant’s consent. Our client, who was visiting from France, had his family reach out to New York Criminal Defense Attorney Todd Greenberg who immediately arranged for him to be released on bail. Our client maintained his innocence and all plea offers were rejected. An immediate investigation ensued wherein Mr. Greenberg and Associate Attorney Caitlin Young spoke to all of our client’s roommates. A very thin wall separated the room where this allegedly occurred and our client’s roommate who was a visiting student from Japan. That witness was leaving New York on his way back to Japan but had critical information: He “heard” the encounter and described sounds coming from the woman that sounded pleasurable and not compelled by force! Using a section of the law that is rarely utilized, Mr. Greenberg and Ms. Young moved the court for an Order to conditionally examine the witness to preserve his testimony at trial. Although the Trial was not going to occur until six (6) months later, the witness was called into Court, questioned and cross-examined and his testimony was videotaped for use at the trial. After his testimony, the offer became lower but, upon the advice of Mr. Greenberg, our client did not accept any plea in that he was not guilty in that the sexual encounter was consensual. On June 6th, 2017, the matter appeared for trial wherein the District Attorney stood up and outright dismissed the case! Once again, due diligence and knowledge of the Law on the part of Criminal Defense Lawyers, Todd Greenberg and Caitlin Young prevented an injustice and the entire Indictment was dismissed against our client. If you need help call Criminal Defense Lawyer Todd Greenberg at 718-268-0400 or you can reach our firm, Addabbo and Greenberg, at www.addabboandgreenberg.com. Understanding the New York Rape Statutes and the Close-in-Age Defense New York's rape statutes distinguish between allegations involving forcible compulsion, lack of consent, and offenses based primarily on the complainant's age. In the case described above, the indictment alleged first-degree rape based on forcible compulsion. New York Penal Law § 130.35 defines first-degree rape to include sexual contact committed by forcible compulsion, while Penal Law § 130.00 defines “forcible compulsion” in terms of physical force or certain threats that place a person in fear of immediate death, physical injury, or kidnapping. That distinction matters when discussing a so-called close-in-age exception. New York does provide a limited close-in-age affirmative defense under Penal Law § 130.30, but it applies to specified age-based second-degree rape charges involving a victim under 15, where the defendant was less than four years older than the victim. It is not a general defense to a rape allegation based on forcible compulsion. Accordingly, based on the facts described in this case, the close-in-age defense was not the issue that resolved the prosecution. The defense instead focused on the allegation of forcible compulsion and developed evidence from a roommate who heard the encounter. The prosecution ultimately dismissed the indictment after that evidence was preserved and presented. Want to understand how New York's sex-offense statutes work? Read our Sex Crimes FAQ & Statutes Guide for a straightforward explanation of consent, age-based offenses, close-in-age defenses, and related New York criminal laws. 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.

Federal Criminal Defense Attorney Todd Greenberg, through persistence and diligent effort, obtained a Deferred Prosecution agreement for his client who was charged with defrauding the United States Department of Housing by obtaining Section 8 Housing Subsidies in connection with the lease of an apartment in New York City. It was alleged that our client obtained “Section 8” vouchers and failed to disclose to the Government that her fiancé was actually living in the apartment with her and never disclosed his income which would have rendered the client ineligible for such Aid. Although the evidence at first seemed strong, after investigating the facts of this case, it became clear to Mr. Greenberg that the only reason that the Client’s fiancé was living in the apartment was that the Client’s children were being threatened by a harassing neighbor and that the fiancé moved into the apartment to protect the client and her children. Further, it was discovered that it was that harassing neighbor who reported to the New York State Department of Investigation that our client was in violation of her lease and Section 8 rules! Although the Government was reluctant at first to allow a dismissal of the criminal charges, after several meetings and persistence by Criminal Defense Attorney Todd Greenberg, the Government allowed a Deferred Prosecution for a six (6) month period after which all charges will be dismissed and sealed as if it never occurred. The client, a New York City employee, will be able to retain her employment and resume her life. A Deferred Prosecution (also known as Pretrial Diversion) is an alternative to prosecution which seeks to divert certain offenders from tradition criminal justice processing into a program of supervision and services administered by the U.S. Probation service, resulting in a dismissal of all charges. Our Client will receive a dismissal of all Federal criminal charges instead of having a criminal record. If you have a need for an experienced Criminal Defense Lawyer, call Todd Greenberg for the best result. You can reach Mr. Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com.

After a two-week trial, a Nassau County Jury found our client “Not Guilty” of Driving While Intoxicated. The defendant was stopped on her way to North Shore University Hospital for driving erratically while going to see her husband who got sick earlier in the evening and was rushed to the hospital. When stopped, the police officer said that the vehicle smelled from alcohol and that the defendant stated that “She was drinking vodka all night. According to the police officer, she failed the field sobriety test given at the scene and she refused the breathalyzer at the precinct. Nassau County Criminal Defense attorney Todd Greenberg argued to the jury that the defendant was lost and not driving erratically and that she said she had “One vodka earlier in the night”. After deliberating for two (2) days, the jury rendered a “Not Guilty” verdict for the crime of Driving While Intoxicated but did find the defendant “Guilty” of Driving While Impaired, a Violation and not a crime. Significantly, a motion to vacate the conviction to Driving While Impaired is being prepared in that the presiding judge wrongfully excused a juror without making the detailed inquiry required by the Criminal Procedure Law. Once again, based on the hard work and experience of criminal defense attorney Todd Greenberg, our client avoided a criminal record. Further, the fight continues in our attempt to get the Driver While Impaired dismissed! If you are charged with Driving While Intoxicated (DWI), Driving Under The Influence (DUI) or any crime, call attorney Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

New York Criminal Defense attorneys Todd Greenberg and Caitlin Young, of Addabbo and Greenberg, obtained a major ruling in favor of their client resulting in a dismissal of the Indictment on October 11, 2016. Suppression of an alleged “gravity knife” was granted by the Honorable A. Kirke Bartley, Justice of the Supreme Court, County of New York, after extensive pre-trial hearings. The arresting officer testified he was in an unmarked police car and stopped at a traffic light with other officers when he saw the Defendant crossing the street with a “gravity knife” clipped to the Defendant’s pants pocket. The District Attorney argued that the stop was a justified “stop and frisk”, supported by a reasonable inference that the Defendant was committing the crime of Illegal Possession of a gravity knife. However, after extensive cross examination by attorney Todd Greenberg at the Mapp Hearing, it was established that the officer observed what he “believed” to be a gravity knife and that he thought it was “possibly a gravity knife”. The officer testified that he had extensive prior experience with regard to said knives. After briefing the issue, the Court held, as urged by Todd Greenberg and Caitlin Young, that the testimony of the Police Officer failed to establish that he had “reasonable suspicion” that the Defendant was committing a crime and that the police did not have “reasonable cause” to detain and make an inquiry of the Defendant. Instead of facing a mandatory minimum of two (2) years in jail, all evidence was suppressed and the Indictment dismissed in its entirety! Knowledge of the law and extensive cross-examination by experienced criminal defense attorney Todd Greenberg has resulted in a dismissal of an Indictment. Call Addabbo and Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com if you need our help.

Many times in a criminal case, it is better to do nothing and wait. That is the advice that New York Criminal Defense Attorney Todd Greenberg gave his client in a DWI case in Suffolk County, which resulted in a dismissal of all charges based on a Violation of the Defendant’s Speedy Trial Rights. The Defendant was arrested on July 6 th, 2013 and charged with Two Counts of Driving While Intoxicated based on alleged erratic driving, statements made and a reading of 0.16% on the Breath Test. A motion to suppress statements was held on July 8, 2014 and the Motion was granted whereby a statement made by the Defendant was suppressed based upon a Violation of her Constitutional Rights. The Judge then marked the case for trial and advised that the defense would get a date in the mail to appear for jury selection. However, that date never came. Our client was anxious to resolve the case and insisted that Mr. Greenberg contact the Court so that the matter can be resolved. Based on his extensive experience in the criminal justice system, Mr. Greenberg urged the client to sit tight and not say a word and allow the time to accumulate. Although the client kept requesting a resolution, Mr. Greenberg prevailed and the client waited for that trial date. Eventually, on June 16 th, 2916, a little shy of two (2) years, Mr. Greenberg received a notice that the case will appear for trial. Too late! Mr. Greenberg filed a Motion to dismiss based on a violation of the Defendant’s Statutory and Constitutional Right to a Speedy Trial which was granted in its entirety and the case was dismissed on September 13, 2016. An experienced criminal attorney not only knows how to fight a case in Court, but also knows when to remain silent when it is to the advantage of a client. Call Queens Criminal Defense Attorney Todd Greenberg for help if needed. 718-268-0400, www.addabboandgreenberg.com.

A Queens Supreme Court Judge acquitted our client of all Felony charges regarding possession of illegal handguns in his apartment wherein there was an accidental discharge and a bullet entered a neighbor’s apartment. Our client was given the gun by a friend for self-defense purposes and was unloading it when it discharged into the apartment below. The police arrived, saw the bullet hole in the ceiling, went to our client’s apartment, searched the apartment and obtained two hand guns for which the Defendant did not have a license. He was arrested for Two Counts Criminal Possession of a Weapon with Intent to Use and Reckless Endangerment in the First Degree. The District Attorney of Queens County, relying on the Statutory Presumption of “Intent to Use”, charged the Defendant with a Class “C” Felony which mandated a mandatory minimum 3 ½ years if convicted. Criminal Defense Attorney Todd Greenberg filed a Motion arguing that the Defendant’s Constitutional Second Amendment Right to Possess Arms was violated by the application of the presumption of possession to the weapons which were in the Defendant’s home. Although the Judge denied the Motion, in acquitting our client, the Judge found that the Defendant overcame the presumption of “intent to use” and that the People failed to prove that element beyond the reasonable doubt, finding the Defendant guilty of a Class “A” Misdemeanor of Possession of a Firearm in his home. Significantly, Mr. Greenberg and Addabbo and Greenberg Associate, Caitlyn Young, did extensive research and presented every case to the Court where the presumption of “Intent to Use” was applied and distinguished the case at bar. Also significant, an Element of Reckless Endangerment in the First Degree is that the Defendant acted with a “Depraved Indifference to Human Life”, and the Court held that the People failed to prove that element beyond the Reasonable Doubt. Based upon Mr. Greenberg’s knowledge of the law, his extensive Trial experience and persistence and dedication on behalf of his client, our client was found “NOT GUILTY” of all Felony charges, and his exposure for punishment has been limited to that of a person convicted of a Misdemeanor crime. If you are charged with a serious crime, call Queens Criminal Defense Attorney Todd Greenberg for the best result at 718-268-0400 or reach us at www.addabboandgreenberg.com.

One March 10 th, 2016, our client was acquitted of all charges involving Criminal Possession of Marijuana. It was alleged that our client was in possession of approximately fifty (50) pounds of marijuana recovered from a house in Queens, New York. New York Criminal Defense Attorney Todd Greenberg argued that the District Attorney failed to present evidence proving “constructive possession” of the marijuana beyond a reasonable doubt which ultimately resulted in the acquittal. Most significantly, the Defendant was allegedly seen leaving the house by undercover police who were conducting surveillance with a bag containing three or four pounds of marijuana and was followed to a location where he made an alleged sale to a third party who was also arrested. However, On November 16 th, 2015, a Queens County Supreme Court Judge suppressed the recovery of the marijuana that was found in the bag and United States currency that was allegedly given to my client for the purchase. (See Suppression of Marijuana Granted in Felony Drug Case, below). Without that evidence at trial, the District Attorney could not make the connection to the fifty pounds of marijuana found in the house. The cycle has now been completed: based on Mr. Greenberg’s hard work the Defendant was “NOT GUILTY” of all charges. Once again, knowledge of the Law, extensive experience in cross-examination of police witnesses and persistence and dedication in preparing pretrial motions and trial preparation, resulted in a complete acquittal of all Felony drug charges. If you are arrested and charged with narcotic possession or sale of a drug call New York Criminal Defense Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through www.addabboandgreenberg.com.

Our client was charged with Assault where it was alleged by the complaining witness that our client intentionally ran him over with a limousine. Our client and the complainant were employed by a limousine company in Queens County. Although they were friendly with each other for twenty-five (25) years, the complainant began to act irrationally and became violent towards our client. The complainant alleged that when he was walking into the limousine garage, our client intentionally aimed his vehicle at him and, at a high rated speed, clipped him with the vehicle causing serious injury to his elbow, leg, neck and back. However, on cross-examination, after taking photographs and measurements of the garage, it was established that it would be impossible for our client to have reached a high rated speed in such a short distance. Further, during cross-examination, Criminal Defense Attorney Todd Greenberg had the complainant mark a photograph indicating where all the parties were and, once again, using speed and timeframe calculations, demonstrated that it was impossible to occur as stated. Mr. Greenberg also argued that the motivation for the false charges against our client was a civil lawsuit and workers compensation claim and that the complainant sought financial gain and fabricated his testimony ” NOT GUILTY!”. Once again, knowledge of the Law, extensive experience in cross-examination of witnesses and extensive trial preparation has led to the acquittal of our client. If you need our help, call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com.

Queens DWI attorney Todd Greenberg obtained a dismissal of a complaint charging Operating a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the Criminal Court Complaint. The complaint alleged that the Defendant was involved in a motor vehicle accident, that the Defendant made an incriminating statement that she was “confused” and the arresting officer stated in the Criminal Court Complaint that he observed the Defendant to have “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent, and defective to the legal sufficiency of the complaint was any allegation whatsoever that the Defendant ingested a drug, that the drug ingested was prescribed by the Public Health Law and that after ingesting the drug, the Defendant operated a motor vehicle impaired by such ingestion. Indeed, the complaint failed to mention the drug involved! Moving immediately for a dismissal of the complaint based on applicable law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Further, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the acts of the police officer in arresting this Defendant without “Probable Cause”. Once again, knowledge of the Law and immediate action in Court has resulted in a dismissal of a DWI charge against our client. Call us. 718-268-0400, www.addabboandgreenberg.com.