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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.

By ZACHARY R. DOWDY AND WILLIAM MURPHY zachary.dowdy@newsday.com, william.murphy@newsday.com A year to the day pharmacist Raymond Ferguson was shot to death in the Father’s Day massacre at a Medford drugstore, his wife filed a wrongful death suit against Suffolk County, its police department, convicted killer David Laffer and three doctors who sold him thousands of painkillers. Viedya Sabrina Ferguson filed the suit in State Supreme Court in Riverhead Tuesday on behalf of her husband, who was killed along with three others in the June 19, 2011, shootings and robbery at Haven Drugs, attorney Todd Greenberg of Forest Hills said. It seeks unspecified monetary damages against Laffer, who shot all four people to death, Suffolk County and its police department, three doctors and Laffer’s wife, Melinda Brady. Laffer pleaded guilty in September to first-degree murder in the death of Ferguson, 45, of Centereach; Jennifer Mejia, 17, of East Patchogue, a high school student who worked at the store; Jaime Taccetta, 33, of Farmingville, a customer; and Bryon Sheffield, 71, of Medford, a customer. Laffer robbed the pharmacy of more than 10,000 pills, including powerful painkillers. The Taccettas and Mejias have also filed lawsuits in State Supreme Court. Laffer was sentenced last November to life in prison without parole and his wife, Brady, who drove the getaway car, was sentenced to 25 years for her role. The lawsuit also names as defendants Stan Xuhui Li, Eric Jacobson and Marc Kaufman, all physicians who, the suit claims, sold painkiller to Laffer. State records reviewed by Newsday earlier this year showed 30 of the 36 painkiller prescriptions filled by Laffer and Brady between January and June 2011 came from Kaufman, Jacobson or Li. Attorneys for the three doctors could not be reached for comment Tuesday. The Suffolk County executive’s office declined to comment. The Suffolk County Police Department said it does not comment on pending litigation. Greenberg said in a statement that Suffolk County police were negligent for failing to confiscate Laffer’s gun and revoke his gun license “after being called to Laffer’s house on January 12, 2011, by Laffer’s mother, who complained that Laffer stole money from her.”

Attorney Todd Greenberg welcomes President Donald Ramotar, President of Guyana, to Queens County at the office of Attorney Kawal Totaram. President Ramotar addressed the United Nations , on behalf of Guyana and other Caribbean countries, at the UN General Assembly High Level Thematic Debate on the State of the World Economy.

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 November 18 th, 2011, Addabbo and Greenberg convinced a Judge that the Police did not sustain its burden of proof at a Motor Vehicle Refusal Hearing. When a motorist Refuses a chemical test to determine Blood Alcohol Content, that motorist is subject to revocation of his or her license for one year. Before that can occur, certain prerequisites m ust be established at a Motor Vehicle Hearing. Often, the police officer does not show and the Administrative Law Judge proceeds on the police paperwork and then revokes the license. With extensive knowledge of the Law in this area, DWI Attorney was able to persuade the Administrative Law Judge that the paperwork submitted by the police officer failed to establish reasonable cause to believe that the motorist was driving in an intoxicated condition. The result: the attorneys at Addabbo and Greenberg once again are victorious in based on their knowledge of the law and knowledge of the facts of the case.

On June 29, 2011, Addabbo & Greenberg attorney Jill C. Stone, a New York family law attorney, was, once again, cited in the New York Law Journal. In an ongoing divorce case, Plaintiff’s husband moved for an Order granting him exclusive use and occupancy of the marital residence, subject to reasonable periods of access by the defendant wife. New York family law attorney Jill C. Stone, Esq., was appointed as the Lawyer for the Children. Justice Anthony J. Falanga, Justice of the Supreme Court, Nassau County, citing Jill C. Stone’s legal and factual arguments on behalf of the children denied the husband’s motion for exclusive occupancy of the marital residence. Once again, Addabbo & Greenberg Family Law attorney Jill C. Stone, stands up and fights for the rights of children in this divorce case. The entire Decision can be read herein: T.D.F., Plaintiff, V.T.F., Defendant.

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)

By WILLIAM J. GORTA The Brooklyn man accused of mowing down a beloved yeshiva teacher faces up to 25 years in prison after a grand jury indicted him on aggravated vehicular homicide charges. Anel Kolenovic ran through a red light at Ocean Avenue and Avenue N while driving recklessly on Nov. 29, 2010, killing Moshe Berkowitz and injuring two other women, authorities charged. He was initially charged with criminally negligent homicide – a much less serious crime – but a grand jury returned a 16-count indictment, which included previously uncharged drunk-driving offenses. Spencer a. burnett Anel Kolenovic is arraigned on manslaughter charges in the second degree at Brooklyn Supreme Court. Kolenovic’s blood alcohol content was 0.02 percent in a test taken three hours after the crash. The legal limit for driving is .08. But, according to Todd Greenberg, Kolenovic’s lawyer, prosecutors are attempting to “reverse extrapolate” to figure out what his blood alcohol content was at the time of the crash. Greenberg said experts have called the method “dubious at best” and said the formula does not take into account differences in people’s metabolism. “They use an average,” he said. Greenberg said Kolenovic’s heart went out to the families of Berkowitz and the two injured women, but, “this is a tragic car accident.” Brooklyn Supreme Court Justice Patricia DiMango ordered Kolenovic’s bail doubled to $400,000 abd told him to return to court on April 14.

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.

A thorough investigation of the facts of this case, along with knowledge of the law, saved this defendant from a Felony conviction for Driving While Intoxicated. The Defendant was arrested and charged with Operating a Motor Vehicle While Under The Influence Of Alcohol as a Felony due to a prior Misdemeanor conviction for the same crime. He was arrested in front of his house, in his vehicle that was running, sleeping behind the wheel of his car. The defendant’s prior attorney urged the defendant to plead guilty to Felony D.W.I. because “once you are caught behind the wheel and the car is running, you are automatically guilty of operating the vehicle”. When Attorney Todd D. Greenberg heard this advice, he practically fell off his chair. The defendant advised Mr. Greenberg that he was cementing the sidewalk in the front of his house, when, after the day’s work was done, he took some beers, sat in his car in front of his house and started the car so he could listen to music. The law in New York is not, as the prior attorney said, that “if the car is running you are automatically operating it”. The law specifically states that the courts must look at the “intent” of the defendant as to whether or not he intended to drive the vehicle. In this case, the “intent” of the defendant was just to simply hang out in his car and not move it. These facts were established by a thorough investigation of the defendant’s neighbors, pictures of the defendant’s house and testimony from family members who clearly stated that the defendant worked all day on cementing his sidewalk and then relaxed in his car after the job. Upon presentation of the facts of this case to the District Attorney, all charges were dismissed on June 21 st, 2010. Instead of having a Felony Conviction, due to the experience and expertise of Attorney Todd D. Greenberg in this area, all charges have been dismissed and sealed.