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A Queens County Supreme Court Judge suppressed the recovery of pounds of marijuana and United States currency based on an illegal search and seizure of a vehicle. A Dunnaway/Mapp Hearing was held where police officers of the Field Intelligence Unit testified that they went to a location based on an “anonymous tip” and saw our client get into the driver’s seat of a van with a paper bag that appeared full. The police testified that the van pulled over, a person got in and the police observed, from outside the van, an alleged drug transaction where United States currency was given to our client, the driver, and a bag was given to the buyer. After pulling our client out of the car, handcuffing him and doing the same to the alleged buyer, the police looked in the bag and discovered approximately five pounds of marijuana. Based on a legal Brief submitted by Criminal Defense attorney Todd Greenberg, it was pointed out to the Court that the tip received was vague, that the officers failed to testify that they had any special training in drug transactions, that the exchange of a brown paper bag and money alone were not circumstances that would lead a reasonable person to believe a crime was being committed and that the police actually took our client into custody before any drugs was observed. In sum and substance, Mr. Greenberg argued that there were absolutely no facts to indicate that there was probable cause for an arrest or for a search of the vehicle. Suppression granted! Most significantly, Mr. Greenberg was retained after pretrial hearings were denied in that prior counsel failed to prepare proper moving papers and the case was scheduled for trial. Immediately upon being retained, Mr. Greenberg reviewed the file, moved to reargue pretrial motions and was granted hearings. If Mr. Greenberg had not seen that the Suppression Hearing was wrongfully denied the case would have proceeded to trial. However, instead, all evidence was suppressed and cannot be used in Court. Knowledge of the law, knowledge of how to cross examine police witnesses and persistence and dedication in preparing a legal Brief that essentially the Court adopted, resulted in the Constitutional Rights of our client being upheld. If you are arrested and charged with narcotic possession or sale call Queens Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through QueensLaw.com.

Two Defendants, in unrelated cases, who both maintained their innocence to charges of Driving While Intoxicated, had their DWI cases dismissed and sealed on the same date in New York County. Both cases were dismissed based upon a violation of the Constitutional Rights of those Defendants to a Speedy Trial. In each case, DWI defense attorney Todd Greenberg was ready to proceed on each and every occasion, forcing the District Attorney to be ready for Hearings and Trial. On each such date, the People were not ready to proceed resulting in extensive Motion Practice setting forth that the Prosecutions’ delay violated Constitutional Speedy Trial Rights mandating dismissal. Although dismissal of both cases was adamantly opposed by the District Attorney the Judge granted the Motion of DWI attorney Todd Greenberg for dismissal. Once again, preparation and knowledge of the law has resulted in a favorable disposition for our clients. Call criminal defense attorney Todd Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com

A Southern District of New York Federal Judge granted what the Judge called a “significant variance” from the Federal Sentencing Guidelines with regard to a fifty (50) year old defendant who pled guilty to Possession of Child Pornography via the Internet. The Defendant was originally charged with Distribution and Possession of Child Pornography via the Internet. Immediately upon being retained, Federal Criminal Defense Attorney Todd Greenberg secured the Defendant’s release on a $100,000.00 signature bond. Thereafter, after discovering significant mitigating factors, Mr. Greenberg retained an expert to perform a Psychosexual evaluation. There were legal hurdles that Mr. Greenberg had to overcome to secure a fair sentence for his client who readily admitted his guilt: The charge of Distribution of Child Pornography via Internet carried a mandatory minimum of five (5) years’ incarceration. A presentation was made to a committee of Assistant US Attorneys in the Southern District and, based on the mitigating circumstances presented, Mr. Greenberg was able to procure a plea to Possession of Child Pornography, a charge that did not carry a mandatory minimum sentence. Citing the character of the Defendant, his continued counselling, his low risk of recidivism and the inherent unfairness of the Federal Sentencing Guidelines for Child Pornography possession, the Federal Judge granted a “significant variance” from the Guideline Range. Instead of a Federal Guideline sentence between 6 ½ years to 8 years, the Defendant received a 2 year sentence with three years’ supervised release. Through the effort of Federal Criminal Defense Attorney Todd Greenberg, his client’s sentence was significantly reduced. Please contact Criminal Defense Attorney Todd Greenberg at 718-268-0400 if you are charged with a computer crime.

On May 5 th, 2015, Federal Criminal Defense attorney Todd Greenberg obtained a sentence of one year and one day for a client who was charged in a heroin drug conspiracy in the Southern District of New York that mandated a ten-year minimum sentence. Mr. Greenberg was able to advocate for his client that his involvement in the Conspiracy was limited in time, that his client’s involvement arose out of his friendship with a Codefendant who he accommodated by driving him around and that the Defendant received no monetary profit from his acts and the Defendant was a minor participant in the Conspiracy. Further, Mr. Greenberg negotiated a plea wherein his client admitted to the lowest Drug quantity among his Codefendants and the Federal Guideline range was 21 – 27 months imprisonment. Upon submission of an extremely detailed Presentence Memorandum, as well as a presentation at sentence, the Federal Judge granted a variance from the Sentencing Guidelines and, at the request of Mr. Greenberg, sentenced the Defendant to a year and one day. Why the one day? Under the Federal system, if a Defendant is sentenced to one year in jail he must complete the full twelve months in jail. However, if the sentence exceeds one year, even by one day, the Defendant is entitled to a 15% reduction of his sentence. Therefore, the year and one-day sentence equaled 316 days in jail. At the time of sentence, the Defendant had already served nine months. Instead of serving ten (10) years for a serious Drug Conspiracy Felony Indictment Mr. Greenberg’s client served ten (10) month in jail! If you unfortunately find yourself in need of an experienced Federal Criminal Defense Attorney, call Todd Greenberg, 718-268-0400 or visit us at NewYorkArrested.com.

The Defendant was arrested on October 4th, 2013 for Driving While Intoxicated and passing a red traffic signal. In suppressing the video tape, which ultimately led to the dismissal of the charges, the Court noted that “…at the time the Defendant was offered the Intoxilyzer test, he cursed at the officers and was generally uncooperative and argumentative.” Indeed, in our forty (40) years of experience in handling DWI cases, without a doubt this tape was the worst ever! However, the tape indicated that when the Defendant was first asked whether he would take the Intoxilyzer Test, the Defendant agreed to take the test. However, prior to doing so, the Defendant requested to speak with his attorney and provided the officer with the name of his attorney and the law firm he was affiliated with—which was Addabbo and Greenberg. Most significantly, the Court noted that “the Officer, however, took no action with respect to the Defendant’s request.” Thereafter, even though the Defendant was again asked to take the test, he replied “yes” and the test was administered and resulted in a high reading. Once again, knowledge of the law in this area was crucial: DWI attorneys Todd Greenberg argued that it was the duty of the police to make a reasonable effort to contact the Defendant’s attorney under these circumstances. Despite the Defendant’s “belligerent conduct” it was argued that he made a clear request for counsel only thirty (30) minutes after his arrest and the officer neither offered to contact the attorneys at Addabbo and Greenberg nor allowed the Defendant to make a call. Evidence Suppressed! Once again, knowledge of the law, persistence and dedication to our client resulted in a dismissal of a driving while intoxicated charge. Call attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com for top representation in Vehicular Crimes.

Once again, persistence on the part of the attorneys at Addabbo and Greenberg resulted in a dismissal, after more than one year of litigation, of the charge of Operating a Motor Vehicle While Intoxicated as well as Operating a Motor Vehicle While Impaired by Alcohol. The Defendant was charged on December 29 th, 2013 after being stopped at a “check point” and after the Intoxilyzer Machine registered a .09% by weight of alcohol in his blood. Throughout motion practice, criminal defense attorneys Todd Greenberg refused an offer of Driving While Impaired on the ground that the Defendant was, simply, not intoxicated. After several adjournments in the Trial Part, the case was marked ready and, again, our attorneys refused any plea offer and demanded a trial. On February 24 th, 2015, the case was sent to a Jury Part for Trial. Again, the offer was refused and instead of proceeding to a trial, the People conceded that they could not prove guilt beyond a reasonable doubt which resulted in a complete dismissal of all charges. Needless to say, our client, a Licensed Stock Broker, was ecstatic and vindicated! If you are charged with Driving While Intoxicated you need attorneys who know the law and are willing to go all the way to prove you are not guilty. At Addabbo and Greenberg, we have that experience as attested to once again by our very happy client. Call 718-268-0400 or visit us at www.addabboandgreenberg.com if you find yourself in this most unfortunate circumstance.

Our client lived a person’s worst nightmare: arrested and detained for a crime he did not commit. On Friday August 8th, 2014, our client, along with his wife and two young children, travelled to Kennedy Airport to board a plane to Mexico for a one week vacation. Instead, our client’s name came up as a “wanted person”, based upon a warrant for Aggravated Assault with a Deadly Weapon issued from Orange County Florida. He was detained, arraigned and held for extradition in Queens County. Immediately upon being retained, New York Criminal Attorneys Todd Greenberg of Addabbo and Greenberg prepared a Writ of Habeas Corpus to bring our client before a higher Court. They thoroughly investigated the case and obtained the entire case file from a co-defendant’s attorney in Florida, and then convinced the District Attorney of Queens County to further investigate whether the right person was arrested. At first, the District Attorney’s response was that the Warrant was not only issued in our client’s name, but contained his date of birth, previous Florida address and social security number! However, upon further urging, the District Attorney contacted the Detective in Florida, showed the complainant in Florida a picture of our client and, sure enough, it was determined that the wrong man was in custody. The Writ of Habeas Corpus was granted on Friday, August 15th, 2014 and after one nightmarish week on Rikers Island, our client was released from custody and the extradition proceedings dismissed. On the way out of the Courtroom, an Assistant District Attorney of Queens County told our client’s family that if she (the Assistant District Attorney) or any members of her family were ever in trouble she would call Todd from Addabbo and Greenberg! Once again, the diligent efforts to free an innocent person by Criminal Defense attorneys Todd Greenberg resulted in the immediate release from jail and an end to this serious injustice. If you need help in an extradition matter or any criminal matter, please call New York Criminal Attorney Todd Greenberg at 718-268-0400.

August 1, 2014 No matter where the problem is, Criminal Defense Attorney Todd Greenberg is there to help. On July 16, 2014, in Virginia State Court, Fairfax County, all Sex Offense charges that carried a life sentence were dismissed and Todd Greenberg’s client was permitted to plead guilty to a Misdemeanor charge, was released from jail, and sentenced to unsupervised probation for one year. The case arose when the Defendant, a Queens County resident, was visiting his child in Virginia, when the child’s mother accused the Defendant of sexually touching the child. Although the Defendant denied the charges, to make matters worse, the Defendant made a full-taped confession to a Virginia Detective and to the baby’s mother over the phone. However, upon being retained and speaking to the Defendant, it became clear that the Defendant falsely confessed to a crime that never occurred due to the extreme pressure placed upon him by the baby’s mother that unless he “confessed” he would never see the child again. Immediately upon being retained, Mr. Greenberg traveled to Virginia, interviewed the Defendant in jail, hired a “False Confession” Expert and made a presentation to the Virginia District Attorney. At first, the District Attorney insisted on proceeding with the case and obtained an Indictment. However, after further persuasion by Mr. Greenberg, presentation of the report of the “False Confession” expert and research of Virginia Law regarding this issue, the District Attorney dismissed all Counts of the Indictment, allowed the Defendant to plead “guilty” to a Misdemeanor and receive one year of “unsupervised probation”. Once again, an immediate investigation, devotion to our client, and knowledge of the law, prevented a client of Addabbo and Greenberg from receiving a life sentence in prison. If you need help in New York or elsewhere, call attorney Todd Greenberg 718-268-0400.

July 11, 2014 An incriminating statement by a motorist who was arrested for DWI was “Suppressed” and the District Attorney of Suffolk County is barred from using the statement at trial. A good lawyer knows the law and how to cross-examine a witness. A great lawyer knows when to say nothing and rest on the weakness on the evidence presented by the District Attorney. That is exactly what happened when attorney Todd Greenberg did not cross-examine the arresting officer in a drunk driving case during a pretrial hearing involving the voluntariness of the statement. The motorist allegedly told the arresting officer, after being stopped, that “I had two beers and a red bull with Hennessey”. At the Huntley/Dunaway Hearing, the District Attorney meticulously took the arresting officer through the facts to show probable cause. However, the District Attorney never elicited the statement for which the Defendant was given Criminal Procedural Law §710.30 Notice, but elicited an entirely different statement. Instead of cross examining the officer to allow him to correct himself, criminal defense attorney Todd Greenberg decided not to ask any questions and argued to the Suffolk County District Court Judge that the District Attorney failed to meet the Burden of Proof at this Hearing. MOTION GRANTED! The Judge ruled in the Defendant’s favor, suppressing the alleged statement, giving the Defendant an extremely better chance to prevail at trial. Extensive knowledge of the law by the attorneys at Addabbo and Greenberg once again resulted in an extremely favorable result. For the best results possible in your unfortunate situation, contact Criminal Defense Attorney Todd Greenberg.

A Queens County Jury returned a “Not Guilty” verdict on Assault First Degree charges and all lesser offenses against a Defendant charged with hitting another patron of a club over the head with a champagne bottle. Despite the fact that the injuries were severe, Queens Criminal Attorney Todd D. Greenberg mounted a self-defense defense along with the mitigating circumstance that the Defendant was intoxicated and could not form intent to injure. After a three-week trial which involved several witnesses, including police officers, bouncers, and a video tape, the Jury returned a verdict of “Not Guilty” of all counts. Once again, dedication, knowledge of the law and hard work resulted in a jury acquittal for Queens Criminal attorney Todd D. Greenberg’s client. For the best possible results, call Addabbo and Greenberg.

After a one month Jury Trial in Brooklyn that presented expert toxicology testimony by the District Attorney, attorney Todd Greenberg’s client was found “NOT GUILTY” of Aggravated Vehicular Homicide and all Intoxicated related charges. It was alleged that the Defendant, after consuming one 23oz. can of Four Loko (equal to between 4 to 6 beers), sped down Ocean Avenue at 65 miles per hour while drag racing with two other cars, passing red lights, and causing a fatality and a serious physical injury to his passenger. The cross-examination of the prosecutions’ expert by Mr. Greenberg caused the Jury to totally disregard the Toxicologist’s testimony that at the time of the accident the Defendant’s Blood Alcohol Concentration was between 0.08% and 0.09% and that he was Intoxicated. The Jury rejected the Intoxication evidence entirely which was a major victory for the defense. The offer before Trial was eight and one third to twenty-five years which was rejected. Although the Defendant was found “not guilty” of Aggravated Vehicular Homicide and related charges, he was found guilty of recklessly causing the death of another, Manslaughter in the Second Degree. Due to the hard work, knowledge of blood alcohol content issues and the trial skills of defense attorney Todd Greenberg, the Defendant was acquitted of the most serious charges against him and his potential prison sentence was greatly reduced.