Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Knowledge of the Driving While Intoxicated Laws, as well as extensive preparation and cross-examination at a Pre-Trial Hearing, has resulted in a dismissal of all Driving While Intoxicated charges against Addabbo and Greenberg’s Client. The allegations were that the Defendant failed to signal when entering into traffic from a parked position and the police observed the Defendant to be in an intoxicated condition. In addition, the Defendant refused to take a Breath Test and made the statements “I had two beers prior to driving.” The New York Court of Appeals, People v. Cruz, defined intoxication as “…a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to posses in order to operate a vehicle as a reasonable and prudent driver.” Knowing the law, at a Pre-Trial Hearing, Attorney Todd Greenberg elicited during cross-examination the following testimony of the arresting officer: “that the motorist was proceeding in a normal fashion after pulling out from the curb;” that the police officer did not observe the motorist passing over a yellow line;” “that the motorist did not strike any vehicles;” “that the motorist complied with the Police Officer’s directions to pull over;” ” that the motorist did not fumble any papers while looking through his wallet to get his license;” “that the motorist did not stumble out of his car and got out of his car as a ordinary and reasonable person;” “that the motorist followed all of the police instructions.” The bottom line is that at the Pre-Trial Hearing it was established that the Defendant was operating his vehicle as a “reasonable and prudent person” would. Based on experience, knowledge of the Law and a planned cross-examination, a client of Addabbo and Greenberg had his DWI case dismissed prior to Trial.

The Defendant was charged with violating New York State Trademark Laws by selling counterfeit DVDs and CDs. After extensive research and a written motion prepared by Addabbo & Greenberg Nassau County District Court Judge Andrew M. Engel dismissed the charge on the ground that the complaint failed to set forth every element of the crime charged. Significantly, as cited by the New York Law Journal, “The Court noted Defendant correctly argued the instrument failed to identify or distinguish the characteristics of the genuine and counterfeit trademarks, which was necessary before the pleading could be found facially sufficient.” Judge Engel adopted attorney Ring’s argument and dismissal was granted. Instead of being brought to trial on a serious criminal charge, due to the legal expertise and research of Addabbo & Greenberg the charge was dismissed.

Dominic L. Addabbo of Addabbo & Greenberg has been asked to be a guest speaker at first-time buyers seminars sponsored by HSBC BANK USA at various bank branch locations. The first seminar has been held at the Rockaway Park branch of HSBC with future seminars to follow at other HSBC locations. Mr. Addabbo has previously spoken at first-time buyer programs for the State of New York Mortgage Agency (SONYMA) including an appearance on cable television along with a panel of experts in such fields as banking and title insurance. Look for our announcement regarding the next scheduled seminar.

Legal Eagles Eye Appeal By Scott Shifrel Daily News Staff Writer An allegation about an illicit affair between a judge and a prosecutor has defense lawyers scrambling to check their files for what could turn into a flood of appeals, the Daily News has learned. Lawyers who had cases before Queens Supreme Court Justice Jaime Rios when he allegedly was seeing prosecutor Meryl Lutsky in 1996 and 1997 tell The News the affair charge is troubling and convictions involving their clients need to be reviewed. “I can’t say anything about the validity of the accusations , but I have to at least investigate,” defense lawyer Warren Silverman said. “If a judge has a close relationship with one of the parties, then it is improper for the judge to handle the case. If true, he should have recused himself.” Silverman represented a Queens woman in a 1996 drug case heard by Rios. His client ended up serving two years behind bars. Lutsky worked regularly as an assistant district attorney in Rios’ courtroom, appearing mostly on motions to suppress evidence or statements. “There’s no question that any conviction obtained where both the judge and Ms. Lutsky were involved in should be reviewed,” defense lawyer Todd Greenberg said. “If the allegation is borne out to be true, then the court system should look at these cases.” Greenberg said one of his clients, Kishore Sumasar, 29, served three years on a drug charge after appearing before Rios. He plans to order the archived court records next week. The affair allegation was made by the judge’s ex-law secretary, Judith Memblatt. Defense lawyer Ron Kuby cited the alleged affair when he sought a new trial for a convicted murderer. Kuby is arguing that Rios’ relationship with Lutsky led the judge to coach another prosecutor, Eugene Reibstein, to help him convict Kuby’s client in 2003. Rios, through a spokesman, repeatedly has declined to comment because the murder case is still pending. Lutsky also has declined to comment. Memblatt, 47, who was fired by Rios in 2004, made the allegation in a $10 million wrongful-termination lawsuit filed in Brooklyn Federal Court and in a complaint to the Commission on Judicial Conduct. Originally published on November 20, 2005

The Defendant, a Queen’s homeowner, came into his house one afternoon and found two persons rummaging through his basement. He called 911 to report the Burglary and the Plaintiffs were arrested. The Plaintiffs were subsequently found “Not Guilty” at their Criminal Trial and commenced an action against Defendant for False Arrest and False Imprisonment. Plaintiffs claimed that Defendant actually invited one of the Plaintiff’s into his home for a sexual act and when there was a disagreement over the cost, Defendant called 911 and had Plaintiffs falsely arrested. On January 3, 2013, a Jury Trial commenced in Supreme Court, Queens County. At the close of Plaintiff’s case, Defense Counsel Todd D. Greenberg moved for a Directed Verdict in that Plaintiffs failed to present a prima facie case based on the applicable law. The Trial Judge agreed and dismissed the entire Complaint. Not only do the attorneys at Addabbo & Greenberg provide competent Criminal Defense but also use their skills and knowledge of the law in Defense of Civil Actions. For the best results, contact Addabbo & Greenberg if you are being sued.

Great night at the Richmond Hill South Ozone Park Lions Club Cigar and Cognac Fundraiser. Welcome to Judge Greg Lasak, longtime Richmond Hill resident and future District Attorney of Queens County! With Dominic Addabbo, Esq., Romeo Hitlall, and Naidoo Veerapen.

By Wendy Lin The convictions of three men found guilty of second-degree riot in the Howard Beach racial incident have been overturned by an appeals court, according to a decision published yesterday., , and were found guilty by a Queens jury last year of being part of the gang of white youths that chased three black men through the streets of Howard Beach on Dec. 20, 1986. The chase eventually led to the death of one of the men, Michael Griffith, who was struck by a car on the Belt Parkway. The ruling gives the state special prosecutor’s office 45 days to present the case again to a grand jury. Yesterday, Matthew Greenberg, a prosecutor with the special prosecutor’s office, said his office is considering appealing the decision. He would not comment further. On Dec. 11, according to the decision published in the New York Law Journal, the appellate division of State Supreme Court in Brooklyn overturned the verdicts on several grounds, including that State Supreme Court Justice Thomas Demakos failed to tell the jury that it could consider a charge of disorderly conduct if it did not find the defendants guilty of first or second-degree riot. “We’re feeling very happy and fully vindicated,” said Todd Greenberg, attorney for the 20-year-old . “But we’re also anxious to see the next step because the court leaves open the possibility of further indictment.” Bert Koehler, attorney for , 19, said all three men are working part-time and attending college locally. They were each sentenced to four months of weekends in jail, three years’ probation and 200 hours of community service, but the sentences were delayed pending the appeal. Meanwhile, Howard Beach defendant was released from the Brooklyn House of Detention yesterday after serving four months of a six-month term for his part in the racial attack case. , 20, was the prosecution’s main witness against his former friends in Howard Beach. He pleaded guilty to aggravated assault in the case. His attorney, Richard Mischel, said “just wants to resume a quiet life.”, who became an outcast in Howard Beach after agreeing to help the prosecution, has moved out of New York City, Mischel said. (The following appeared in NS edition: The appeal of three defendants who were found guilty of manslaughter is scheduled to be heard by the state Court of Appeals in Albany on Feb. 7. Two of them – and – were sentenced to serve 6 to 18 years and 5 to 15 years in jail, respectively, for their part in Griffin’s death. They are free on bail pending the appeal. The third, , has a prior criminal record and is serving a sentence of 10 to 30 years in a state prison.) 12-27-1989

On May 7, 2008, the Defendant was found “Not Guilty” of all criminal charges stemming from an alleged attack by him against a neighbor with a machete. The Defendant was charged with Menacing and Criminal Possession of a Weapon regarding an incident that occurred on Saturday, September 9, 2006 immediately outside the Defendant’s home which is attached to the home of the Complaining Witness. The testimony revealed a long on-going dispute between the two families which culminated with words between the Defendant’s father and the Complainant wherein the Defendant was arrested and accused of coming out of his home with a machete and threatening his neighbor. The Police arrived and described a disorderly and violent crowd outside the Defendant’s house and the Police went inside and retrieved a machete which was introduced into evidence. Attorney Todd D. Greenberg attacked the credibility of the Witness and pointed out to the Court that on cross-examination two of the three witnesses testified that the Defendant never left the doorway of his home and did not exit his home, as the District Attorney alleged, to go after the Complainant. Further, after comparison of the testimony of the three alleged eye-witnesses, it was pointed out to the Court that there were major inconsistencies and that the Court should conclude that the testimony is false. On an interesting note, evidence was introduced that in the Indo Caribbean community, a machete, also known as “cutlass” is used for many things including cooking, gardening and as a household utensil. That argument was used to explain the presence of a machete in the Defendant’s house.

Queens Attorney Todd D. Greenberg, President of the Assistant District Attorney’s Association of Queens County, presents award to the Honorable Augustus C. Agate, Justice of the Supreme Court, Queens County, in honor of his service upon Justice Agate’s retirement. The Award was presented at our Holiday Dinner Meeting on November 19, 2014 at the Douglaston Club. Our best wishes to our friend Augustus C. Agate on his retirement.

On June 7 th, 2012, the Assistant District Attorney Association of Queens County, a group of former and present Assistant District Attorneys, some of whom are presently Judges and in private practice, honored Justice Joseph Golia at its Spring/Summer meeting. Justice Golia has served Queens County as an Assistant District Attorney, Principal Law Clerk and Justice of the Supreme Court.

BY: By Olivia Winslow. STAFF WRITER EDITION: NASSAU AND SUFFOLK The lawyer for a Long Island City man facing federal charges of defrauding his estranged wife, and who authorities say is a suspect in her slaying, maintained his client’s innocence at his arraignment yesterday and later lambasted a new federal indictment that accused his client of murder. The federal indictment charges , 62, of 43-20 40th St., with mail and wire fraud and money laundering, for allegedly defrauding his wife, Ourida, out of her share of the couple’s $1.5 million in assets. The indictment alleges, among other things, that transferred assets out of the country in violation of a court order, and failed to disclose the existence of certain assets. Also contained in the 11-page indictment is a statement implicating in his wife’s slaying in January. “On or about January 30, 1999, two days before the February 1, 1999, court date , the defendant murdered Ourida Bessaha in Hicksville, New York. As a result of her murder, the divorce proceeding she initiated was dismissed, allowing the defendant to retain possession of all marital assets.” But the attorney for , Todd Greenberg of Forest Hills, said his client denies defrauding and killing his wife. Greenberg said in an interview that the federal indictment is a “pretext because they can’t prove or show he had any implication in the murder.” Assistant U.S. Attorney Gary Brown declined to comment on whether he anticipated murder charges being filed against , referring questions to the Nassau district attorney’s office. In arguing in U.S. District Court in March that should be detained without bail, Brown said that was the main suspect in the slaying. Brown also said at that earlier court hearing that whoever killed Ourida Bessaha had gained access to her house on Brittle Lane without breaking in, had violently attacked her and robbery or rape was not considered a motive. Fred Klein, chief of the Nassau District Attorney’s Major Offense Bureau, said he did not anticipate filing murder charges “at this time.” He explained, “It’s just a question of accumulating evidence sufficient to satisfy New York State law.” Klein characterized as “a suspect” but added there were other suspects. In a brief arraignment yesterday on what is called a “superseding indictment” before federal Magistrate Arlene Lindsay in U.S. District Court in Hauppauge, Greenberg entered a not guilty plea on his client’s behalf. A hearing on issues in the case, originally set for yesterday, was rescheduled to Sept. 21 before Judge Leonard Wexler. 09-01-1999

Jury Deadlocked with regard to all charges involving marijuana impairment including most serious charge of Aggravated Vehicular Homicide. The so called controversial “Pot Defense” presented by New York Criminal Defense Attorney Todd Greenberg was based on scientific studies as explained to the Jury by a highly qualified Yale Professor. If convicted of top count Beer would have faced up to 25 years. Beer was convicted of the lesser charges of Manslaughter in the second degree based on reckless conduct. Watch on YouTube.