Indictment Dismissed: New York Supreme Court Judge Grants Suppression Of Evidence – Constitutional Right Of Client Upheld
October 11, 2016
New York Criminal Defense attorneys Todd Greenberg and Caitlin Young, of Addabbo and Greenberg, obtained a major ruling in favor of their client resulting in a dismissal of the Indictment on October 11, 2016. Suppression of an alleged “gravity knife” was granted by the Honorable A. Kirke Bartley, Justice of the Supreme Court, County of New York, after extensive pre-trial hearings. The arresting officer testified he was in an unmarked police car and stopped at a traffic light with other officers when he saw the Defendant crossing the street with a “gravity knife” clipped to the Defendant’s pants pocket. The District Attorney argued that the stop was a justified “stop and frisk”, supported by a reasonable inference that the Defendant was committing the crime of Illegal Possession of a gravity knife. However, after extensive cross examination by attorney Todd Greenberg at the Mapp Hearing, it was established that the officer observed what he “believed” to be a gravity knife and that he thought it was “possibly a gravity knife”. The officer testified that he had extensive prior experience with regard to said knives. After briefing the issue, the Court held, as urged by Todd Greenberg and Caitlin Young, that the testimony of the Police Officer failed to establish that he had “reasonable suspicion” that the Defendant was committing a crime and that the police did not have “reasonable cause” to detain and make an inquiry of the Defendant. Instead of facing a mandatory minimum of two (2) years in jail, all evidence was suppressed and the Indictment dismissed in its entirety! Knowledge of the law and extensive cross-examination by experienced criminal defense attorney Todd Greenberg has resulted in a dismissal of an Indictment. Call Addabbo and Greenberg at (718)268-0400 or visit us at www.addabboandgreenberg.com if you need our help.