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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.

After years of litigation, on February 19th, 2013, a Justice of the Supreme Court, Queens County, granted Addabbo and Greenberg’s client suppression of a gun found in a draw in his bedroom. At the Probable Cause Hearing, attorney Todd Greenberg argued that the District Attorney failed to present any evidence concerning the information to support a reasonable belief that an offense was committed by this Defendant. Instead, the District Attorney relied on the Doctrine of “Collateral Estoppel” from another case. In the Brief filed by Addabbo and Greenberg, argued that collateral estoppel should not apply. Supreme Court agreed and since collateral estoppel did not apply, and the People failed to present the necessary evidence, the gun and a statement was suppressed as being obtained in violation of our client’s Constitutional Rights. Once again, knowledge of the Law and skillful brief writing has led to the best result possible for a client of Addabbo and Greenberg.

The Defendant, a 32-year-old female, was acquitted of Kidnapping, Robbery and Assault, all Class B Felonies, but found Guilty of Reckless Endangerment. The District Attorney alleged that the Defendant lured the Complainant into a vehicle, drove him to Manhattan, where he was robbed and assaulted by another person secreted in the vehicle. Queens Criminal defense attorney Todd Greenberg argued that based upon a mental disease and defect the Defendant did not have the intent to kidnap, rob or assault. The plea offer prior to trial was ten years. The Defendant was acquitted of the most serious Felonies and found “guilty” of a Class “D” Felony and subsequently was sentenced to six (6) months incarceration and probation. Once again, with preparation, diligence and knowledge of the defense of mental disease or defect, Attorney Todd Greenberg helped his client present the complicated facts of her case which led to an acquittal of the most serious charges.

The Defendant, the alleged bookmaker head of a Criminal Gambling Enterprise, was indicted for Enterprise Corruption and Money Laundering, accused of participating in a multimillion-dollar offshore sports betting operation. The Indictment, filed in Queens County, alleged that the Defendant and twenty-nine co-conspirators unlawfully operated a sports betting enterprise that stretched from Queens County to Nevada and from Rochester to Florida. After hiring two other attorneys who advised the Defendant to Plead Guilty to a Felony with a Jail Term, the Defendant hired Todd D. Greenberg, Esq. to represent him. Immediately, extensive motion practice began and Mr. Greenberg argued that the Queens County Court lack jurisdiction over his client who never even stepped foot into Queens County and was not “acting in concert” with any of the other co-conspirators. During the extensive Motion Practice, a plea bargain was reached and the Enterprise Corruption charge, which carried twenty-five years in jail, was dismissed and Mr. Greenberg’s client was permitted to plead guilty to a “Class A” Misdemeanor, and was sentenced to a conditional discharge. There was also a forfeiture of the sum of the monies seized. Instead of facing a serious jail term and a Felony conviction, all Felonies were dismissed and the case was resolved with a Misdemeanor plea. Based on Mr. Greenberg’s extensive knowledge of the law and persistence in fighting for his client, the best result was achieved.

On May 18 th, 2012, the United States Attorney for the Southern District of Florida dismissed a 15 Count Indictment against Attorney Todd Greenberg’ s client which charged her with Importation and Distribution of Counterfeit Goods including baseball hats, toothpaste, clothing and various other items. Criminal Defense Attorney Todd Greenberg maintained that his client had no knowledge, and did not participate in, the conspiracy. Extensive motion practice led the US Attorney to agree to a plea to a Misdemeanor charge resulting in dismissal of the entire Indictment. On May 18 th, 2012, Mr. Greenberg’s client was sentenced to twelve (12) months of probation instead of facing up to twenty (20) years imprisonment. A co-defendant was sentenced to a prison term, which Mr. Greenberg was able to avoid for his client. Additionally, Mr. Greenberg’s client, would have faced deportation charges if convicted of a felony. Once again knowledge of the law and diligent representation has led to the dismissal of all felony charges against Criminal Defense Attorney Todd Greenberg’s client and avoided the client’s deportation.

On April 9, 2012, a Queens business owner was found “NOT GUILTY” of all charges after trial. The Defendant was charged with Felony assault wherein it was alleged that he and a foreman physically beat a worker and then commanded a dog to bite the worker. Underlying the criminal case was an allegation by this particular employee and other employees who filed a Federal civil suit against the Queens contractor regarding unpaid wages. Criminal attorney Todd Greenberg was able to establish that the alleged victim lied in prior proceedings, had memory issues and, most important, that the scenario as stated by the witness was simply impossible to have occurred. Once again, the best result possible was obtained by assault attorney Todd Greenberg based on his research, knowledge of the law and trial preparation.

On February 1 st, 2012 our client was found “Not Guilty” of Endangering the Welfare of a Child, Menacing and Criminal Possession of a Weapon. The Defendant was arrested and charged in an ongoing dispute with his neighbor with having a verbal argument, then brandishing a machete and threatening to kill his neighbor’s daughter, the fifteen-year-old complainant. Even though the District Attorney presented four eyewitnesses, during Cross Examination, Criminal Defense Attorney Todd Greenberg was able to show inconsistencies between each witness’s testimony which led the Trial Judge to doubt the credibility of the witnesses. Once again, a falsely accused client of Addabbo and Greenberg has been found “Not Guilty” of all criminal charges.

After a four year legal battle conducted by New York Criminal Law Attorney Todd D. Greenberg, all criminal charges have been dismissed against a Winthrop University Hospital Medical Technician accused of fondling three patients. The case is an attestation to the diligence and persistence of New York Criminal Attorney Todd D. Greenberg, which included two Jury Trials and a reversal by the Appellate Division and, finally, a dismissal of the single remaining charge by the Nassau County District Attorney on the eve of a third Trial. On October 18, 2011, Supreme Court Justice William C. Donnino granted an Adjournment in Contemplation of Dismissal to the remaining charge of Sexual Abuse which means that the case will be dismissed and sealed. Once again, knowledge of the law, preparation of the case and a firm believer in the innocence of our client has resulted in the complete exoneration of Todd Greenberg’s client and dismissal of an Indictment.

On April 5th, 2011, the Appellate Division, Second Department, reversed the Forcible Touching conviction of a Winthrop University Hospital Technician. After a Jury Trial, the Defendant was convicted of Forcible Touching, but the Jury could not reach a decision on several Felony charges concerning three complainants. At a second Trial on the Felony charges, the Judge dismissed all Felony charges in that the Defendant was not a “Health Care Provider,” as defined in the Penal Law of the State of New York. (See article: ALL FELONY SEXUAL ABUSE CHARGES DISMISSED IN THE MIDST OF JURY TRIAL) The Appellate Court found, with regard to the Misdemeanor conviction, that a Mistrial should have been granted, based upon, Criminal Defense Attorney Todd Greenberg’s objections to prejudicial comments by the Prosecutor. However, the Trial Judge did not grant the Mistrial. The Appellate Court found that “…in light of the prosecutor’s is improper comments, the Defendant is entitled to a new Trial.” Once again, not only on the Trial level, but by preserving all errors by making Trial objections, Criminal Defense Attorney Todd Greenberg preserved all issues for an Appeal Court which ultimately reversed the conviction. A retrial on the sole Misdemeanor charge has been scheduled for May 2011.

The Defendant, eighteen years old when arrested for Driving while Intoxicated, was found “Not Guilty” after Trial on March 24, 2011 in Criminal Court, Queens County. The Defendant was alleged to have been driving approximately 100 miles per hour on Cross Bay Boulevard when he was pulled over by the police after he made an abrupt turn and spun around going in the opposite direction. The Officer, a Captain, testified that the Defendant had a “strong odor of alcohol on his breath, bloodshot eyes and slurred speech.” The Defendant stated he had “one beer.” The strategy of defense attorney Todd Greenberg was to show that the Defendant had full control of his vehicle when he made this maneuver and made the maneuver intentionally. On Cross Examination, the Officer testified that the Defendant was in control of his vehicle when he made the turn and that it was a turn like you would see a “secret service agent” make in an emergency. Although the defendant admitted to having one bottle of beer, Attorney Greenberg successfully argued that the actions of the defendant that night was not reckless driving by a drunk individual, but was reckless driving by a person who intentionally drove his vehicle in that manner. It should be noted that the area where this occurred, Cross Bay Boulevard, has been historically known as a speeding area due to the straight highway and lack of pedestrian traffic. Once again, instead of having a criminal record, knowledge of the law and a prepared presentation resulted in a verdict of “not guilty” for a client of Addabbo and Greenberg. (The defendant was found guilty of speeding)