Assault Charges Dismissed: District Attorney Failed to comply with strict requirements of Criminal Procedure Law
On February 6, 2008 all criminal charges of Assault were dismissed against the client of Addabbo & Greenberg and his records were sealed. The Defendant was originally charged on April 15, 2007 with an Assault allegedly arising from a dispute over a parking spot. It should be noted that the Defendant absolutely denied his involvement and an Alibi defense was prepared for trial. During Motion practice, after extensive investigation, it was discovered by Attorney Todd D. Greenberg that there was a photographic identification procedure utilized for which the District Attorney failed to give proper written Notice under the Criminal Procedure Law. A Motion to preclude any identification testimony at the trial was filed and, after oral argument, the Judge granted Attorney Greenberg’s Motion and precluded the District Attorney from offering any testimony from any witness who viewed a photograph of the Defendant of which the Defense was not informed. After the ruling, the District Attorney could not proceed and voluntarily dismissed all charges. Although Addabbo & Greenberg was ready to proceed to trial with a strong defense, a Motion based on Legal Principles caused the dismissal of all charges and a trial was not necessary.