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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)

On January 11, 2011, a Brooklyn Jury acquitted the Defendant, a thirty- seven year old man, of the Class C Felony of Criminal Possession of a Gun that was in a car in which he was sitting. The offer prior to trial was seven years incarceration for having a loaded weapon in the car. Without calling any witnesses on his own behalf, and through extensive cross-examination of the police witnesses by Defense Attorney Todd D. Greenberg, it was established that the defendant had a dispute with his girlfriend on the street, which the police saw, and observed the defendant get into the car wherein the police approached the car, asked him to exit and arrested him for Disorderly Conduct. Upon the arrest, the arresting officer stated that he observed the “butt of the gun” sticking out from under the seat and arrested the defendant for the weapons charge. Even though there is a presumption of possession of a gun when in a vehicle under New York Law, Attorney Greenberg successfully argued to the Jury that the Defendant’s presence in the car was only for a “fleeting moment” and there was no evidence that the defendant brought the car to the location or otherwise exercised dominion and control over the car. Instead of taking the offered plea, Mr. Greenberg advised the client to take the case to trial wherein the Jury found, based on Mr. Greenberg’s arguments, that the presumption of possession should not apply in this case and found defendant “not guilty”. Once again, knowledge of the Law and knowledge of the facts has helped a client of Addabbo and Greenberg avoid a serious criminal conviction and jail time.

In a Trial that concluded on October 13 th, 2010, Attorney Todd D. Greenberg obtained an acquittal of a serious assault charge for his client which would have resulted in a mandatory minimum state prison time of three and one half years to a maximum of fifteen years if found guilty. The Defendant and complainant were at a bar and had an argument over a card game. They tussled in the bar and, approximately one hour later, the Defendant was accused of hitting the complainant over the head with a bat in front of the complainant’s house. The Defendant was acquitted of the most serious charge and found guilty of a lesser assault which did not require a mandatory minimum jail term. At sentencing, citing the well prepared pre-sentence memorandum submitted by the defense, instead of the Defendant receiving three and one half years in prison, the Defendant was sentenced to 364 days in prison of which he will serve approximately 7 months. Significantly, Attorney Greenberg was able to persuade the Judge to sentence the Defendant to 364 days instead of one year which would affect the Defendant’s immigration status in the United States. Since the sentence is less than one year, the Defendant is not automatically deportable due to the conviction. Once again, knowledge of the Criminal Law and knowledge of the Immigration Laws helped Addabbo and Greenberg’s client avoid a lengthy prison sentence and deportation.

In a major legal victory in Federal court in Buffalo, Attorney Todd D. Greenberg, Esq., along with Buffalo Attorney Mark J. Mahoney, Esq., who represented a Co-defendant, obtained suppression of evidence found in a search of Mr. Greenberg’s client’s home, including pictures of Nike sneakers, financial records and approximately $450,000 in cash. Addabbo and Greenberg’s client was charged, along with 22 other alleged co-conspirators, with Trafficking in Counterfeit Goods and Conspiracy. The Indictment alleged that the Conspiracy involved a violation of Nike, Inc. trademarks. It was alleged that Addabbo & Greenberg‘s client, with others, “…devised and engaged in a criminal scheme to traffic in millions of dollars of footwear bearing counterfeit Nike marks.” An arrest warrant was issued from the Federal Court in Buffalo and our client was arrested in his home in Flushing. During the search, Federal agents recovered photos of Nike sneakers, financial records and $450,000 in cash. The Government argued that the seizure was lawful under the “plain view” doctrine, which states, in substance, that if the police are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant. After extensive pretrial hearings in Buffalo, the court found, as argued by Attorney Todd. D. Greenberg, Esq., that the agents had no reason to be in those portions of the apartment from which the items were seized because they arrested the defendant at his doorway. Further, with regard to the “plain view” argument by the Government, the Court noted that this alleged “plain view” seizure, where the incriminating nature of the items must be “immediately apparent”, took two hours, as established during Mr. Greenberg’s cross examination of the Federal Agent. Under such circumstances, the Government could not sustain its burden of establishing that the incriminating nature of the items were “immediately apparent”. It should be noted that 18 of the other defendants pleaded guilty and now, after the granting of this suppression motion, Mr. Greenberg’s client stands a good chance of a dismissal of the case. (Note: This decision was rendered by a Magistrate-Judge and must be confirmed by The District Court Judge.; Mr. Greenberg was joined on The Brief by Jonathan Edelstein, Esq.)