Brooklyn Indictment Reduced To “Disorderly Conduct” Plea
On the eve of Trial, the Defendant, who was Indicted and charged with Assault in the Second Degree, a Class “D” Felony, was permitted to enter a plea to “Disorderly Conduct”, a Violation and not a crime, in full satisfaction of the Indictment. The allegations were that the Defendant, a Superintendent, assaulted the complaining witness, a Tenant, with a weapon. After extensive investigation of this case, it was found that the complaining witness, a former New York City Police Officer, had a criminal record and was denied various licenses, including an investigators license, based on his faulty character. Although the Brooklyn District Attorney demanded a plea of “guilty” to Felony Assault, Addabbo and Greenberg pushed this case to a Jury Trial until the District Attorney made an offer that could not be refused. Instead of a serious felony conviction, the Defendant resolved this case with a plea to “Disorderly Conduct”, a Violation and not a crime. Once again, knowledge of the law and the willingness to take a case to Trial resulted in a non-criminal disposition in a serious Felony case.