Appellate Court Reverses Sexual Abuse Conviction for Winthrop University Hospital Technician
On April 5 th, 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.