Blog

Federal Criminal Defense Attorney Todd Greenberg, through persistence and diligent effort, obtained a Deferred Prosecution agreement for his client who was charged with defrauding the United States Department of Housing by obtaining Section 8 Housing Subsidies in connection with the lease of an apartment in New York City. It was alleged that our client obtained “Section 8” vouchers and failed to disclose to the Government that her fiancé was actually living in the apartment with her and never disclosed his income which would have rendered the client ineligible for such Aid. Although the evidence at first seemed strong, after investigating the facts of this case, it became clear to Mr. Greenberg that the only reason that the Client’s fiancé was living in the apartment was that the Client’s children were being threatened by a harassing neighbor and that the fiancé moved into the apartment to protect the client and her children. Further, it was discovered that it was that harassing neighbor who reported to the New York State Department of Investigation that our client was in violation of her lease and Section 8 rules! Although the Government was reluctant at first to allow a dismissal of the criminal charges, after several meetings and persistence by Criminal Defense Attorney Todd Greenberg, the Government allowed a Deferred Prosecution for a six (6) month period after which all charges will be dismissed and sealed as if it never occurred. The client, a New York City employee, will be able to retain her employment and resume her life. A Deferred Prosecution (also known as Pretrial Diversion) is an alternative to prosecution which seeks to divert certain offenders from tradition criminal justice processing into a program of supervision and services administered by the U.S. Probation service, resulting in a dismissal of all charges. Our Client will receive a dismissal of all Federal criminal charges instead of having a criminal record. If you have a need for an experienced Criminal Defense Lawyer, call Todd Greenberg for the best result. You can reach Mr. Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com.

Phagwah Parade, March 12th 2017, Richmond Hill, Queens: ” I am very proud to be part of the Phagwah Parade Of New York planning committee!” Queens Attorney Todd Greenberg.

After a two-week trial, a Nassau County Jury found our client “Not Guilty” of Driving While Intoxicated. The defendant was stopped on her way to North Shore University Hospital for driving erratically while going to see her husband who got sick earlier in the evening and was rushed to the hospital. When stopped, the police officer said that the vehicle smelled from alcohol and that the defendant stated that “She was drinking vodka all night. According to the police officer, she failed the field sobriety test given at the scene and she refused the breathalyzer at the precinct. Nassau County Criminal Defense attorney Todd Greenberg argued to the jury that the defendant was lost and not driving erratically and that she said she had “One vodka earlier in the night”. After deliberating for two (2) days, the jury rendered a “Not Guilty” verdict for the crime of Driving While Intoxicated but did find the defendant “Guilty” of Driving While Impaired, a Violation and not a crime. Significantly, a motion to vacate the conviction to Driving While Impaired is being prepared in that the presiding judge wrongfully excused a juror without making the detailed inquiry required by the Criminal Procedure Law. Once again, based on the hard work and experience of criminal defense attorney Todd Greenberg, our client avoided a criminal record. Further, the fight continues in our attempt to get the Driver While Impaired dismissed! If you are charged with Driving While Intoxicated (DWI), Driving Under The Influence (DUI) or any crime, call attorney Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

New York Criminal Defense attorneys Todd Greenberg and Caitlin Young, of Addabbo and Greenberg, obtained a major ruling in favor of their client resulting in a dismissal of the Indictment on October 11, 2016. Suppression of an alleged “gravity knife” was granted by the Honorable A. Kirke Bartley, Justice of the Supreme Court, County of New York, after extensive pre-trial hearings. The arresting officer testified he was in an unmarked police car and stopped at a traffic light with other officers when he saw the Defendant crossing the street with a “gravity knife” clipped to the Defendant’s pants pocket. The District Attorney argued that the stop was a justified “stop and frisk”, supported by a reasonable inference that the Defendant was committing the crime of Illegal Possession of a gravity knife. However, after extensive cross examination by attorney Todd Greenberg at the Mapp Hearing, it was established that the officer observed what he “believed” to be a gravity knife and that he thought it was “possibly a gravity knife”. The officer testified that he had extensive prior experience with regard to said knives. After briefing the issue, the Court held, as urged by Todd Greenberg and Caitlin Young, that the testimony of the Police Officer failed to establish that he had “reasonable suspicion” that the Defendant was committing a crime and that the police did not have “reasonable cause” to detain and make an inquiry of the Defendant. Instead of facing a mandatory minimum of two (2) years in jail, all evidence was suppressed and the Indictment dismissed in its entirety! Knowledge of the law and extensive cross-examination by experienced criminal defense attorney Todd Greenberg has resulted in a dismissal of an Indictment. Call Addabbo and Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com if you need our help.

Many times in a criminal case, it is better to do nothing and wait. That is the advice that New York Criminal Defense Attorney Todd Greenberg gave his client in a DWI case in Suffolk County, which resulted in a dismissal of all charges based on a Violation of the Defendant’s Speedy Trial Rights. The Defendant was arrested on July 6 th, 2013 and charged with Two Counts of Driving While Intoxicated based on alleged erratic driving, statements made and a reading of 0.16% on the Breath Test. A motion to suppress statements was held on July 8, 2014 and the Motion was granted whereby a statement made by the Defendant was suppressed based upon a Violation of her Constitutional Rights. The Judge then marked the case for trial and advised that the defense would get a date in the mail to appear for jury selection. However, that date never came. Our client was anxious to resolve the case and insisted that Mr. Greenberg contact the Court so that the matter can be resolved. Based on his extensive experience in the criminal justice system, Mr. Greenberg urged the client to sit tight and not say a word and allow the time to accumulate. Although the client kept requesting a resolution, Mr. Greenberg prevailed and the client waited for that trial date. Eventually, on June 16 th, 2916, a little shy of two (2) years, Mr. Greenberg received a notice that the case will appear for trial. Too late! Mr. Greenberg filed a Motion to dismiss based on a violation of the Defendant’s Statutory and Constitutional Right to a Speedy Trial which was granted in its entirety and the case was dismissed on September 13, 2016. An experienced criminal attorney not only knows how to fight a case in Court, but also knows when to remain silent when it is to the advantage of a client. Call Queens Criminal Defense Attorney Todd Greenberg for help if needed. 718-268-0400, www.addabboandgreenberg.com.

This accident took place on a sidewalk/driveway in front of a home in Queens County that had an elevated sidewalk slab. The eighty-year-old Plaintiff was walking with a friend when she tripped and fell and fractured her shoulder. No operation was necessary. The owner of the home had lost title to the house through a foreclosure and Personal Injury attorney Dominic Addabbo sued Wells Fargo Bank, the then title owner of the property. Although the Bank attempted to have the case dismissed based on the fact that they were not in possession, after thorough research, the Supreme Court, Queens County, denied the motion. Further, Personal Injury attorney Dominic Addabbo was able to establish that the defect was not “minimal” and was actionable. Result: $175,000.00 recovered for our client! If you were injured by a uneven side walk or any other defect, call the personal injury Attorneys’ at Addabbo and Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com/.

Queens Assistant District Attorney’s Association President Todd Greenberg at Citi Field with, from left, Dominic Addabbo, Esq., Chief Assistant District Attorney Jack Ryan, Honorable Michael Aloise, Justice of the Supreme Court, Robert Aiello, Esq., and Queens Assistant District Attorney Barry Frankenstein. What a great night!

A Queens Supreme Court Judge acquitted our client of all Felony charges regarding possession of illegal handguns in his apartment wherein there was an accidental discharge and a bullet entered a neighbor’s apartment. Our client was given the gun by a friend for self-defense purposes and was unloading it when it discharged into the apartment below. The police arrived, saw the bullet hole in the ceiling, went to our client’s apartment, searched the apartment and obtained two hand guns for which the Defendant did not have a license. He was arrested for Two Counts Criminal Possession of a Weapon with Intent to Use and Reckless Endangerment in the First Degree. The District Attorney of Queens County, relying on the Statutory Presumption of “Intent to Use”, charged the Defendant with a Class “C” Felony which mandated a mandatory minimum 3 ½ years if convicted. Criminal Defense Attorney Todd Greenberg filed a Motion arguing that the Defendant’s Constitutional Second Amendment Right to Possess Arms was violated by the application of the presumption of possession to the weapons which were in the Defendant’s home. Although the Judge denied the Motion, in acquitting our client, the Judge found that the Defendant overcame the presumption of “intent to use” and that the People failed to prove that element beyond the reasonable doubt, finding the Defendant guilty of a Class “A” Misdemeanor of Possession of a Firearm in his home. Significantly, Mr. Greenberg and Addabbo and Greenberg Associate, Caitlyn Young, did extensive research and presented every case to the Court where the presumption of “Intent to Use” was applied and distinguished the case at bar. Also significant, an Element of Reckless Endangerment in the First Degree is that the Defendant acted with a “Depraved Indifference to Human Life”, and the Court held that the People failed to prove that element beyond the Reasonable Doubt. Based upon Mr. Greenberg’s knowledge of the law, his extensive Trial experience and persistence and dedication on behalf of his client, our client was found “NOT GUILTY” of all Felony charges, and his exposure for punishment has been limited to that of a person convicted of a Misdemeanor crime. If you are charged with a serious crime, call Queens Criminal Defense Attorney Todd Greenberg for the best result at 718-268-0400 or reach us at www.addabboandgreenberg.com.

As a member of the Law Guardian Panel in Nassau County Family and Supreme Court since 1996, attorney Jill Stone has represented thousands of children. She’s seen firsthand the effect divorce and custody proceedings have on a child and she tries to make the situation as easy as possible by following the words of wisdom her father gave her when she was starting out. Stone spoke with Pulse on when a child needs a lawyer and how to make custody battles easier. Long Island Pulse: What are some common mistakes parents make in custody disputes? Jill Stone: Parents believe that the children, especially ones of young age, don’t hear things and don’t understand what is happening. Lots of times I come in and a child will say ‘oh you’re my lawyer cause my parents hate each other.’ Parents don’t realize the detrimental effects of their behavior. Pulse: What are some of those effects? Stone: Some children become very depressed. I’ve had clients that cut themselves. I’ve had clients that lock themselves in a room and refuse to talk to either parent. It manifests in many ways. Pulse: How does your role help to mitigate those effects? Stone: I tell my clients immediately that it’s no longer their problem. It’s mine. Instead of eavesdropping they can call me and I’ll get them accurate information. I try to take them out of the mix and I become their voice. I tell the parents that if they want to talk about the case with each other it should be between 9am and 3pm when the children are out of the house. I give them the children’s bill of rights under the law and let them know what the children are entitled to under the law. I try to explain that the children should be free from being in the middle and I ask the court for support in protecting the children and ask the court to admonish the parties. Pulse: Tell us a little bit about your background. Stone: My father was one of the top criminal defense attorneys in Queens County and I was brought up with the taste of practicing law and helping people. I worked with him from high school and after college I wasn’t sure what type of practice I wanted to go into. I worked in the District Attorney’s office as a paralegal at the beginning. When I decided I was going to law school I applied and was accepted to the City University of New York Law School at Queens College and was in the inaugural class. CUNY Law School is a law school in the service of human needs and after graduation I started practicing with my dad and my brother. Pulse: What inspired you to focus on children? Stone: My father’s specialty was criminal law. When I started to practice with him, there was a very bad case and the defendant also had a case in family court as well as supreme court. My father basically said OK you’re an expert in family court, gave me this file and I started to practice. As I got more into matrimonial law I had a case where the attorney for the child was assigned and her position was so detrimental to the little girl at issue, that I inquired into what it took to become an attorney for children. Pulse: Why would a child need a lawyer? Stone: In different parts of family law, including juvenile delinquency cases, neglect proceedings and especially in custody cases, parents believe what they’re advocating for their children and doing is what is in their best interest. However, the parents do not realize that their judgment is clouded because they are so involved emotionally in their own case that an independent attorney is needed to represent the child. Pulse: What qualifies a person as a child’s lawyer? Stone: It’s different in each county, but in Nassau County you have to be admitted to the bar for a minimum of five years and have a mentor who the lawyer will shadow for a period of time. There are many continuing legal education courses that must be taken by the attorney. Pulse: What does a child’s lawyer do? Stone: Attorneys for children must set forth the wishes of the child. The judge determines the best interest in terms of living arrangements and other issues concerning the child. As an attorney for children, I don’t have to agree with their wishes but I must present them to the court. Attorneys for children counsel the child on what the outcomes can be regarding custody issues and financial aspects when it relates directly to their behavior. Pulse: Does the age of the child matter? Stone: Yes, age matters. Attorneys for children are charged with representing the wishes of the child. If the child is young the attorney for the child must do their own investigation. If the child is five or older, we must represent the child’s wishes to the court and we may only substitute judgement if there is evidence that the child is not of sound mind. An example is in the case of an infant or if I feel the child’s judgment is pressured by outside forces I make sure to speak to the child’s pediatrician, caretaker or school so I receive the proper information to advise the court. Pulse: What was the best piece of advice you got when starting out? Stone: It comes from my father and I’ve tried to emulate it. The only thing you have is your integrity. Never compromise your integrity for anything or anybody and you’ll have the respect of whomever you’re dealing with. Your goal should be that if you say something in court or to your adversary that they won’t have to question it, because it came from you.

One March 10 th, 2016, our client was acquitted of all charges involving Criminal Possession of Marijuana. It was alleged that our client was in possession of approximately fifty (50) pounds of marijuana recovered from a house in Queens, New York. New York Criminal Defense Attorney Todd Greenberg argued that the District Attorney failed to present evidence proving “constructive possession” of the marijuana beyond a reasonable doubt which ultimately resulted in the acquittal. Most significantly, the Defendant was allegedly seen leaving the house by undercover police who were conducting surveillance with a bag containing three or four pounds of marijuana and was followed to a location where he made an alleged sale to a third party who was also arrested. However, On November 16 th, 2015, a Queens County Supreme Court Judge suppressed the recovery of the marijuana that was found in the bag and United States currency that was allegedly given to my client for the purchase. (See Suppression of Marijuana Granted in Felony Drug Case, below). Without that evidence at trial, the District Attorney could not make the connection to the fifty pounds of marijuana found in the house. The cycle has now been completed: based on Mr. Greenberg’s hard work the Defendant was “NOT GUILTY” of all charges. Once again, knowledge of the Law, extensive experience in cross-examination of police witnesses and persistence and dedication in preparing pretrial motions and trial preparation, resulted in a complete acquittal of all Felony drug charges. If you are arrested and charged with narcotic possession or sale of a drug call New York Criminal Defense Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through www.addabboandgreenberg.com.

Our client was charged with Assault where it was alleged by the complaining witness that our client intentionally ran him over with a limousine. Our client and the complainant were employed by a limousine company in Queens County. Although they were friendly with each other for twenty-five (25) years, the complainant began to act irrationally and became violent towards our client. The complainant alleged that when he was walking into the limousine garage, our client intentionally aimed his vehicle at him and, at a high rated speed, clipped him with the vehicle causing serious injury to his elbow, leg, neck and back. However, on cross-examination, after taking photographs and measurements of the garage, it was established that it would be impossible for our client to have reached a high rated speed in such a short distance. Further, during cross-examination, Criminal Defense Attorney Todd Greenberg had the complainant mark a photograph indicating where all the parties were and, once again, using speed and timeframe calculations, demonstrated that it was impossible to occur as stated. Mr. Greenberg also argued that the motivation for the false charges against our client was a civil lawsuit and workers compensation claim and that the complainant sought financial gain and fabricated his testimony ” NOT GUILTY!”. Once again, knowledge of the Law, extensive experience in cross-examination of witnesses and extensive trial preparation has led to the acquittal of our client. If you need our help, call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com.

Queens DWI attorney Todd Greenberg obtained a dismissal of a complaint charging Operating a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the Criminal Court Complaint. The complaint alleged that the Defendant was involved in a motor vehicle accident, that the Defendant made an incriminating statement that she was “confused” and the arresting officer stated in the Criminal Court Complaint that he observed the Defendant to have “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent, and defective to the legal sufficiency of the complaint was any allegation whatsoever that the Defendant ingested a drug, that the drug ingested was prescribed by the Public Health Law and that after ingesting the drug, the Defendant operated a motor vehicle impaired by such ingestion. Indeed, the complaint failed to mention the drug involved! Moving immediately for a dismissal of the complaint based on applicable law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Further, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the acts of the police officer in arresting this Defendant without “Probable Cause”. Once again, knowledge of the Law and immediate action in Court has resulted in a dismissal of a DWI charge against our client. Call us. 718-268-0400, www.addabboandgreenberg.com.