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In the midst of trial, Judge Scarano granted Todd Greenberg’s motion to dismiss a 291 count indictment against his client, Mario Sclafani, the clerk of scales for the New York Racing Association. In granting the motion, Mr. Greenberg proved to the court that the methodology used by the investigators was terribly flawed and inaccurate.

Our firm was retained to represent a Defendant who was charged and arrested on five separate occasions with either assaulting and/or harassing the Complainant, who was a fellow-member of Alcohol Anonymous. Our client denied the charges. There was an on-going feud between the parties and the District Attorney was adamant in its prosecution. When the case was finally marked for trial, the People were not ready on five separate occasions even though they previously stated they were ready to satisfy the statutory requirements. Attorney Todd Greenberg argued that even though the District Attorney’s stated their readiness in open court to satisfy statutory requirements, the statement was illusory, in that the People were not actually or really ready to proceed. On November 15, 2007, all charges were dismissed against out client, the Defendant and the record sealed.

A Queens’ man charged with attempted murder for trying to stab a Police Officer with a steak knife was permitted to enter a plea of Not Responsible By Reason Of Mental Disease and Defect to an Indictment that charged Attempted Murder and related charges, thereby avoiding a lengthy prison sentence. In March 2007, the Defendant, outside St. Helen’s Church on 88th Street and 157th Avenue in Queens, swung a knife at Police Officer Stuart Ingram, which hit the Officer’s Tin Shield and shattered, thereby saving his life. The family retained Queens Attorney Todd Greenberg, who, after investigation, along with Defense Psychiatrist, determined that the Defendant was in the midst of a “psychotic incident” and believed he was fending off attackers of the Church. “He believed he was under attack by three thugs” and “then was acting out in self defense” Greenberg stated to Newsday on March 4, 2007. The Defense was able to persuade the Queens District Attorney’s Office, who also conducted independent psychiatric evaluations, that the Defendant was mentally ill and not criminally responsible because of that mental illness for the criminal acts. The Defendant will be hospitalized in a secured facility for six months and thereafter reviewed every two years to determine his mental capacities. The Attorneys of Addabbo & Greenberg were able to establish that the Defendant’s mental disease caused his actions and that he had no “intent” to hurt the Police Officer. Instead of a lengthy prison term, the Defendant will receive counseling and care at a State Psychiatric Facility.

On January 22, 2007, a Queens County Jury acquitted the Defendant, our client, of all charges of Assault and Reckless Endangerment. After the acquittal, his record was permanently sealed. The incident arose from a Traffic Incident where an off duty Police Officer claimed that the Defendant assaulted him by punching him in the face. Attorney Todd Greenberg argued that the credibility of the police Officer was at issue based on prior inconsistent statements and a forgetful memory. The Defendant testified that it was the Police Officer who acted aggressively and that the Defendant acted in self-defense. The Judge charged the jury regarding the law of self-defense and the Defendant was thereafter acquitted of all charges.

On Friday, July 21, 2006, a jury returned a not guilty verdict of all criminal charges against our client, who was accused of assaulting his wife by holding her arm on a burning stove for three minutes. The case was heard in the Domestic Violence Part of the Queens Criminal Court, Judge Harrington president with a jury. Defense attorney Todd Greenberg proffered that the parties, in the midst of a divorce, were quarrelling when the Defendant pushed his wife who accidentally stumbled on to the stove causing the burn injuries. The Prosecution argued that the burning was intentional and that our client actually held his wife’s arm on the stove. We seriously questioned the credibility of the complaining witness and the jury stated after the verdict that the wittiness’s credibility was, indeed, an issue.

Our client, a Queens Catholic School Administrator was charged with sexual abuse endangering the welfare of a child. Defense attorney Todd D. Greenberg was successful in raising sufficient credibility issues with the complainant and the jury acquitted our client of the charges.

On February 10, 2006, our client was acquitted by a jury of endangering the welfare of a child and sexual abuse in the second degree. Our client’s 16 year old niece alleged that the Defendant improperly touched her breast and vagina on two occasions while she was home alone with the Defendant. The evidence revealed that the allegations were made on the same date that the Complainant’s other received a letter from Complainant’s school that she was cutting class and being suspended. Defense attorney Todd Greenberg seriously questioned the Complainant’s credibility for not coming forward with the allegations prior to that time and the jury found that her credibility was a serious issue. Additionally, the Complainant claimed that the trauma kept her out of school for 13 days during March, April and May of 2004. Attorney Greenberg subpoenaed records from John Adams High School and introduced into evidence that 9 of those 13 days occurred on a Friday. After deliberating for about two hours, the jury acquitted our client.