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On October 18, 2006, the Defendant, our client, was acquitted by a Queens Jury of Driving while Intoxicated. The Defendant refused the Breathalyzer Test and the Police Officer said he observed the Defendant swerving over a yellow divider and, when stopped, smelled alcohol on his breath and had blood-shot eyes. The evidence revealed that the Defendant’s balance, speech and appearance, along with his attitude were normal. The Defense was able to argue that the mere smell of alcohol does not mean a person is driving while intoxicated to the extent necessary to make a person guilty of that crime. Additionally, with regard to the blood-shot and watery eyes, the Defendant was exhibited to the Jury during the trial to show that his eyes were blood-shot all the time. In a discussion of the case with Jurors after the not-guilty verdict, the Jurors said the District Attorney did not present enough evidence of Defendant’s guilt to establish guilt beyond a reasonable doubt – exactly the argument made by Attorney Todd Greenberg.

By Ikimulisa Livingston The man accused of going on a deadly shooting spree in Queens this summer taunted cops from his hospital bed shortly after his arrest, saying, “What’s that, a Smith & Wesson? That’s nothing. Those are toys. I have something better.” Matthew Colletta, 34, made several wild statements after the Aug. 25 shooting rampage, which killed 51-year-old Todd Upton and injured numerous others. During his arraignment in Queens Supreme Court yesterday, the unemployed Woodhaven man stood silently. But he was nothing if not chatty with cops at his bedside in Bellevue Hospital last August, said prosecutor Charissa Ilardi. “Listen, bro. How much time am I looking at?” he asked one cop. “Can you help me out?” Colletta, who claimed after the violence that “they were coming after me in red cars,” was suffering from a “psychotic episode,” his lawyer, Todd Greenberg, told reporters yesterday.

On September 5, 2006, our client was acquitted in Nassau County District Court of all charges involving his arrest for Driving While Intoxicated. During the trial, Attorney Todd Greenberg challenged the results of the Standard Field Sobriety Test, as administered by the Nassau Police, i.e., the one leg stand test, the walk and turn test and the finger to the nose test. During cross examination, the arresting officer admitted that he administered the test improperly. It should be noted that the knowledge and information used to cross examine the police officer was obtained by Mr. Greenberg’s attendance at the Driving While Intoxicated Trial Seminar sponsored by the National Association of Criminal Defense Lawyers in Las Vegas in October of 2005. A lesson well learned by defense attorney Todd Greenberg.

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.

Thoroughbred Times By Pete Denk A new grand jury has reaffirmed a 291 count indictment against former New York Racing Association Clerk of Scales Mario Sclafani and Assistant Clerk of Scales Braulio Baeza for allegedly falsifying records and allowing jockeys to ride overweight in 2004. Sclafani and Baeza, a former jockey and member of the Racing Hall of Fame, were indicted last September but prosecutors re-filed the indictment last month after one of the original grand jurors wrote a letter to newspapers and public officials attacking the case. “The prosecutors have the authority to supersede an original indictment if there is any question about the grand jury process,” said Paul Larabee, spokesman for New York Attorney General and Democrat gubernatorial candidate Eliot Spitzer. “A grand juror came forward after the first indictment and expressed concerns publicly, so we elected to supersede the indictment in the form of a separate and new grand jury, and it returned the same 291 count indictment against both .” According to the charges, Sclafani and Baeza allowed jockeys to ride as much as 15 pounds over their assigned weights. The jockeys were not charged. Sclafani and Baeza have pleaded not guilty to the charges. The attorneys in the case are schedule for a conference on June 29. “We stand prepared to go to trial and are ready to move forward,” Larabee said.

Breathalyzer Results Suppressed; Police Lacked Probable Cause to Stop Motorist The Defendant was arrested on April 20, 2006 at 4 a.m. and charged with Driving While Intoxicated. The arresting Police Officer stated that the Defendant’s vehicle was swerving and that the Breathalyzer Test revealed a blood alcohol content of .197%, more than twice the legal limit. At a Pre-Trial Hearing requested by Attorney Todd Greenberg, the Officer testified under cross-examination that the Defendant was “swerving within his lane”. When further cross-examined about how far the car swerved, the Police Officer did not know. The Defense argued that the Police lacked Probable Cause to stop the Defendant because if a person allegedly “swerved within” his lane, he was actually staying within the traffic lanes showing an ability to operate the vehicle. Further, there was no testimony as to how far the car allegedly “swerved”. On January 22, 2008, a Criminal Court Judge of Queens County suppressed the results of the Breathalyzer Test and ruled that the evidence of an alleged blood alcohol content of .197% was not admissible at the trial of this action based upon a stop that was not supported by Probable Cause.

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.

Newsday The Associated Press Five men who were convicted in the harassment and brutal beating last year of a Sikh man outside a Queens catering hall were sentenced yesterday to terms raging from two years in prison to five days in jail. Trial evidence showed the men taunted Rajinder Singh Khalsa, 50, outside the Villa Russo Ristorante in Richmond Hill on July 11, 2004, calling Khalsa’s turban, which is required by his religion, a “dirty curtain” and demanding that he take it off. The men jumped Khalsa, punching his face repeatedly, breaking his nose and causing other injuries, according to trial testimony. He was treated at a nearby hospital. The defendants were Salvatore Maceli, 26; his brother Nicholas Maceli, 22 and their stepfather Victor Cosentino, 58, all of Valley Stream; Terence Lyons, 53 of Elmont and Ryan Meehan, 24 of Forest Hills. In December, after a nonjury trial in state Supreme Court in Kew Gardens, Justice Seymour Rotker found the Maceli brothers guilty of second-degree assault. Salvatore Maceli was sentenced to two years in prison and Nicholas Maceli to six months in jail. Rotker convicted Meehan and Lyons of second degree irritated harassment as a hate crime. The judge sentenced Meehan to 60 days in jail and Lyons to 20 days in jail. Rotker sentenced Cosentino, convicted of second degree assault as a hate crime. They had faced up to 15 years in prison if convicted of that charge. Victor Cosentino, Mr. Greenberg’s client, was the only Defendant acquitted of all criminal charges in this five-defendant case.

Thoroughbred Times Under a committee recommendation, weigh-out procedures will be conducted in full public view at California racetracks as the California Horse Racing Board on Thursday moved forward with plans to revise procedures on the weighing of jockeys for races. The board hopes to ensure that horses carry their assigned weights and the public is accurately informed of those weights. “We need to ensure the integrity of our procedures and provide transparency to the whole process,” said the board’s chairman, john Harris. In September, a 116 page indictment against former New York Racing Association Clerk of Scales Mario Sclafani and assistant Braulio Baeza alleged that they allowed jockeys at NYRA’s three racetracks to ride overweight without informing the public and subsequently falsified records. With that scandal in New York, Harris last month created a committee headed by Richard Shapiro to review the issue in California. In his report released to the board on Thursday, Shapiro said the committee would recommend that when jockeys weight out before a race, that procedure will be conducted in full public view with a steward or designee present. Video cameras also will be installed to record the process. Shapiro said all jockeys at California tracks would be provide with CHRB rules regarding the attendance, behavior and responsibilities pertaining to weight in. The committee included jockeys, owners, and trainers, racing association members and racing officials.

By Herbert Lowe Staff Writer To Victor Cosentino’s attorney, “words alone are not an assault,” and certainly not a hate crime — even if his client threatened murder, as a prosecution witness testified against him Wednesday in Queens. Cosentino, 60, of Valley Stream, also contends that the charges alleging that he helped assault a Sikh leader after an argument over turbans are borne out of racial prejudice against him. Responding to a civil lawsuit filed by Rajinder Singh Bammi, 55, of South Ozone Park, against him and four other defendants, Cosentino has filed his own suit against Bammi. “He feels he was falsely arrested on false charges and this has destroyed his life,” said Todd Greenberg, attorney for Cosentino, a territory manager for an office-supply company. Prosecutors contend in State Supreme Court in Kew Gardens that the defendants harassed Bammi and his cousin, Gurcharan Singh, 51, then beat Bammi into unconsciousness outside the Villa Russo catering hall in Richmond Hill on July 11, 2004. But Greenberg says while his client did speak harshly to Singh, Cosentino did not punch or kick Bammi. Instead, Cosentino tried to squash the incident, Greenberg said. “The charges against Mr. Cosentino were motivated solely by Mr. Bammi’s prejudice against Italians … was nothing more than pointing out every single Italian male person that was present,” Greenberg said. Bammi is expected to testify against Cosentino; his stepsons, Salvatore Maceli, 27, and Nicholas Maceli, 23, also of Valley Stream; Terence Lyons, 54, of Elmont, and Ryan Meehan, 25, of Woodhaven, in a non-jury trial before Justice Seymour Rotker. They are charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison. During the trial, Greenberg contended that Cosentino was about to leave a christening party when he noticed Singh writing down his license plate number. When Cosentino asked why, Singh said no one was to leave until the police arrived. “If the cops come to my house, I’ll come back and kill you,” Singh repeatedly quoted Cosentino as saying during his testimony. During his cross-examination, however, Greenberg gave Singh a transcript of his testimony to a grand a month after the incident. Then, according to the transcript, Singh said Cosentino only threatened to come back and kick him in the rear end. “Do you know what the word ’embellishment’ means?” Greenberg asked derisively. Singh insisted he was not doing so. Copyright © 2005, Newsday, Inc.

By Herbert Lowe Staff Writer A Sikh man testifying in a hate-crime trial in Queens Tuesday identified the men who are charged with harassing him and another Sikh before assaulting them after an argument over their turbans. Gurcharan Singh testified that, on July 11, 2004, he, his cousin Rajinder Singh Bammi, a friend of Bammi’s and the friend’s son were exiting a car when one of the defendants, Ryan Meehan, yelled, “Give me my curtain,” outside the Villa Russo catering hall in Richmond Hill. “I asked him, “What do you mean give me my curtain?” Singh told Justice Seymour Rotker, who is presiding over a non-jury trial involving five defendants in State Supreme Court in Kew Gardens. Singh, 51, testified that moments later, another defendant, Terence Lyons, insulted his heritage. “You still here?” Singh quoted Lyons as saying. “Go to your home. Go to your country.” I said, “Hey … this is my country. This is my home, too.” The defendants began punching Singh before turning their attention to Bammi, 55, who was beaten into unconsciousness, Singh testified. The defendants are Lyons, 54, of Elmont; Meehan, 25, of Woodhaven; and Salvatore Maceli, 27, his brother, Nicholas Maceli, 23, and their stepfather, Victor Consentino, 60, all of Valley Stream. They are charged with second-degree assault as a hate crime, second-degree assault and second-degree harassment. If convicted, each faces up to 15 years in prison. Defense attorneys conceded that the incident ensued from an inappropriate remark. But they contend the Sikh men were responsible for escalating the situation into a fight. The attorneys said, for example, that even before the first punch was thrown, Singh refused to allow Consentino and Lyons to leave the area because he had called 911. The attorneys also contend that their clients had no hateful intent during the incident.