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A Queens County Supreme Court Judge suppressed the recovery of pounds of marijuana and United States currency based on an illegal search and seizure of a vehicle. A Dunnaway/Mapp Hearing was held where police officers of the Field Intelligence Unit testified that they went to a location based on an “anonymous tip” and saw our client get into the driver’s seat of a van with a paper bag that appeared full. The police testified that the van pulled over, a person got in and the police observed, from outside the van, an alleged drug transaction where United States currency was given to our client, the driver, and a bag was given to the buyer. After pulling our client out of the car, handcuffing him and doing the same to the alleged buyer, the police looked in the bag and discovered approximately five pounds of marijuana. Based on a legal Brief submitted by Criminal Defense attorney Todd Greenberg, it was pointed out to the Court that the tip received was vague, that the officers failed to testify that they had any special training in drug transactions, that the exchange of a brown paper bag and money alone were not circumstances that would lead a reasonable person to believe a crime was being committed and that the police actually took our client into custody before any drugs was observed. In sum and substance, Mr. Greenberg argued that there were absolutely no facts to indicate that there was probable cause for an arrest or for a search of the vehicle. Suppression granted! Most significantly, Mr. Greenberg was retained after pretrial hearings were denied in that prior counsel failed to prepare proper moving papers and the case was scheduled for trial. Immediately upon being retained, Mr. Greenberg reviewed the file, moved to reargue pretrial motions and was granted hearings. If Mr. Greenberg had not seen that the Suppression Hearing was wrongfully denied the case would have proceeded to trial. However, instead, all evidence was suppressed and cannot be used in Court. Knowledge of the law, knowledge of how to cross examine police witnesses and persistence and dedication in preparing a legal Brief that essentially the Court adopted, resulted in the Constitutional Rights of our client being upheld. If you are arrested and charged with narcotic possession or sale call Queens Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through QueensLaw.com.

Two Defendants, in unrelated cases, who both maintained their innocence to charges of Driving While Intoxicated, had their DWI cases dismissed and sealed on the same date in New York County. Both cases were dismissed based upon a violation of the Constitutional Rights of those Defendants to a Speedy Trial. In each case, DWI defense attorney Todd Greenberg was ready to proceed on each and every occasion, forcing the District Attorney to be ready for Hearings and Trial. On each such date, the People were not ready to proceed resulting in extensive Motion Practice setting forth that the Prosecutions’ delay violated Constitutional Speedy Trial Rights mandating dismissal. Although dismissal of both cases was adamantly opposed by the District Attorney the Judge granted the Motion of DWI attorney Todd Greenberg for dismissal. Once again, preparation and knowledge of the law has resulted in a favorable disposition for our clients. Call criminal defense attorney Todd Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com

A Southern District of New York Federal Judge granted what the Judge called a “significant variance” from the Federal Sentencing Guidelines with regard to a fifty (50) year old defendant who pled guilty to Possession of Child Pornography via the Internet. The Defendant was originally charged with Distribution and Possession of Child Pornography via the Internet. Immediately upon being retained, Federal Criminal Defense Attorney Todd Greenberg secured the Defendant’s release on a $100,000.00 signature bond. Thereafter, after discovering significant mitigating factors, Mr. Greenberg retained an expert to perform a Psychosexual evaluation. There were legal hurdles that Mr. Greenberg had to overcome to secure a fair sentence for his client who readily admitted his guilt: The charge of Distribution of Child Pornography via Internet carried a mandatory minimum of five (5) years’ incarceration. A presentation was made to a committee of Assistant US Attorneys in the Southern District and, based on the mitigating circumstances presented, Mr. Greenberg was able to procure a plea to Possession of Child Pornography, a charge that did not carry a mandatory minimum sentence. Citing the character of the Defendant, his continued counselling, his low risk of recidivism and the inherent unfairness of the Federal Sentencing Guidelines for Child Pornography possession, the Federal Judge granted a “significant variance” from the Guideline Range. Instead of a Federal Guideline sentence between 6 ½ years to 8 years, the Defendant received a 2 year sentence with three years’ supervised release. Through the effort of Federal Criminal Defense Attorney Todd Greenberg, his client’s sentence was significantly reduced. Please contact Criminal Defense Attorney Todd Greenberg at 718-268-0400 if you are charged with a computer crime.

We are not just great lawyers! Addabbo and Greenberg partner Dominic “Buddy” Addabbo and New York City Criminal Court Judge Stephanie Zaro perform “Songs in the Key of Queens” highlighting artists from Queens, New York at the Assistant District Attorney’s Association of Queens County Spring/Summer dinner meeting on June 4, 2015.

Queens Attorney Todd Greenberg, President of the Assistant District Attorney’s Association of Queens County and the Honorable Randall Eng, Presiding Justice of the Supreme Court, Appellate Division, Second Department, present award to Honoree Albert Gaudelli, Esq., at the organizations dinner meeting at the Douglaston Club.

On May 5 th, 2015, Federal Criminal Defense attorney Todd Greenberg obtained a sentence of one year and one day for a client who was charged in a heroin drug conspiracy in the Southern District of New York that mandated a ten-year minimum sentence. Mr. Greenberg was able to advocate for his client that his involvement in the Conspiracy was limited in time, that his client’s involvement arose out of his friendship with a Codefendant who he accommodated by driving him around and that the Defendant received no monetary profit from his acts and the Defendant was a minor participant in the Conspiracy. Further, Mr. Greenberg negotiated a plea wherein his client admitted to the lowest Drug quantity among his Codefendants and the Federal Guideline range was 21 – 27 months imprisonment. Upon submission of an extremely detailed Presentence Memorandum, as well as a presentation at sentence, the Federal Judge granted a variance from the Sentencing Guidelines and, at the request of Mr. Greenberg, sentenced the Defendant to a year and one day. Why the one day? Under the Federal system, if a Defendant is sentenced to one year in jail he must complete the full twelve months in jail. However, if the sentence exceeds one year, even by one day, the Defendant is entitled to a 15% reduction of his sentence. Therefore, the year and one-day sentence equaled 316 days in jail. At the time of sentence, the Defendant had already served nine months. Instead of serving ten (10) years for a serious Drug Conspiracy Felony Indictment Mr. Greenberg’s client served ten (10) month in jail! If you unfortunately find yourself in need of an experienced Federal Criminal Defense Attorney, call Todd Greenberg, 718-268-0400 or visit us at NewYorkArrested.com.

On May 7th, 2015, a six figure settlement was reached against a Nassau County Hospital for the negligent handling of a corpse. On April 29th, 2011, the deceased was rushed to a Nassau County Hospital after being discovered nonresponsive in her bed. Two weeks prior thereto, the deceased had an operation on her Achilles tendon which led to infection and death. The family was allowed to view the body at the Nassau Hospital and on April 30th, 2011 the body was received by the medical examiner. When the body arrived at the funeral parlor, the deceased’s mother and father came to the funeral parlor and observed a badly decomposed body. The family was deprived of a viewing and a proper burial of their child. Once retained, personal injury attorneys Addabbo and Greenberg retained experts, including a Pathologist, who concluded that the body was not properly refrigerated pending release to the funeral home. After research of the issue for their extreme emotional distress, a lawsuit was filed and the case was litigated until, on the eve of trial, the case was settled. Once again, our clients has been properly compensated through the work of the Queens Accident Attorneys at Addabbo and Greenberg who had the resources to hire the proper experts and knowledge of the Law. If you or a loved one has suffered any injury call Todd Greenberg, Queens Personal Injury Attorney, at 718-268-0400 or visit us at QueensLaw.com.

Queens Attorney Todd Greenberg with Nassau County District Attorney Madeline Singas, Andrea Greenberg and Ed Schachter, Special Counsel Office of the Town Attorney, Town of North Hempstead, Nassau County, NY. Madeline, a former Assistant District Attorney of Queens County, is a career Prosecutor, highly skilled, tough on crime, fair and compassionate. We need a top Prosecutor in the position of top Prosecutor of Nassau County! Please support her in the November elections.

The Defendant was arrested on October 4th, 2013 for Driving While Intoxicated and passing a red traffic signal. In suppressing the video tape, which ultimately led to the dismissal of the charges, the Court noted that “…at the time the Defendant was offered the Intoxilyzer test, he cursed at the officers and was generally uncooperative and argumentative.” Indeed, in our forty (40) years of experience in handling DWI cases, without a doubt this tape was the worst ever! However, the tape indicated that when the Defendant was first asked whether he would take the Intoxilyzer Test, the Defendant agreed to take the test. However, prior to doing so, the Defendant requested to speak with his attorney and provided the officer with the name of his attorney and the law firm he was affiliated with—which was Addabbo and Greenberg. Most significantly, the Court noted that “the Officer, however, took no action with respect to the Defendant’s request.” Thereafter, even though the Defendant was again asked to take the test, he replied “yes” and the test was administered and resulted in a high reading. Once again, knowledge of the law in this area was crucial: DWI attorneys Todd Greenberg argued that it was the duty of the police to make a reasonable effort to contact the Defendant’s attorney under these circumstances. Despite the Defendant’s “belligerent conduct” it was argued that he made a clear request for counsel only thirty (30) minutes after his arrest and the officer neither offered to contact the attorneys at Addabbo and Greenberg nor allowed the Defendant to make a call. Evidence Suppressed! Once again, knowledge of the law, persistence and dedication to our client resulted in a dismissal of a driving while intoxicated charge. Call attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com for top representation in Vehicular Crimes.