Our client was Indicted and charged with Manslaughter in the Second Degree, Criminally Negligent Homicide, Vehicular Homicide in the Second Degree, Assault and Driving While Intoxicated. It was alleged that in the early morning hours of September 3rd, 2017 in the vicinity of Eastern Parkway and Troy Avenue in Kings County, the Defendant drove a vehicle in an Intoxicated condition and hit a pedestrian who was injured and died approximately three weeks later as result of complications. Our client, 65 years old, a New York City employee who has never been arrested, was devastated by the accident. However, what became apparent to Criminal Defense attorney Todd Greenberg is that there was no causal connection between the Defendant’s alleged Intoxication and the death. New York’s Penal Law is extremely harsh, and rightfully so, that when a death occurs and the driver is Intoxicated, there is a rebuttable presumption in the Statute that the death was due and caused by the driver’s Intoxication! After reviewing all the documentation that was obtained in the course of two (2) years, and after hiring an Accident Reconstruction Expert, it became clear that this accident could not be avoided! The pedestrian, who himself was intoxicated, was crossing in the middle of the street on a stormy night and Mr. Greenberg established that there was not enough time for any human being to react, whether drinking or not drinking! On the day of Jury selection, Mr. Greenberg was adamant that the District Attorney could not establish causation. On the next day, the District Attorney offered to dismiss all charges except Driving While Intoxicated which our client accepted. Although Mr. Greenberg’s client was facing fifteen (15) years in jail if convicted, the case ended with a plea to Driving While Intoxicated and Probation. Mr. Greenberg’s knowledge of the Law in this area, and his experience in numerous trials involving these issues, once again enabled Mr. Greenberg to help a client who was innocent of Manslaughter, Criminally Negligent Homicide and Vehicular Homicide. Call us at (718)268-0400 or contact us through www.QueensLaw.com if you need help in a similar situation.
After our client was falsely accused of exposing himself in the restroom of Penn Station, we successfully secured a dismissal and sealing of his case. It was alleged that our client exposed himself and then rubbed his exposed penis in front of a minor while standing at a urinal inside the men’s room at Penn Station terminal. Our client maintained that he was a businessman commuting through Penn Station who was innocently and properly utilizing a urinal when an undercover police officer grabbed him and arrested him and several other men for public lewdness. We rejected all plea offers from the District Attorney and demanded a trial by jury. Ultimately we were able to convince the District Attorney that our client’s conduct was innocent and they agreed to dismiss and seal the case. Our willingness and ability to fight the case all the way prevented an injustice and resulted in all charges being dismissed and sealed. If you are charged with sex related crime, or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at (718) 268-0400 or visit us at Queenslaw.com.
Our client, a Queens resident, was arrested and charged with leaving the scene of an accident which caused serious physical injury. The accident occurred at the intersection of Willets Point Boulevard and Utopia Parkway. It was alleged that our client, a 62-year-old male, struck the victim while she was in the crosswalk and then ran over her for a second time without stopping and exhibiting his license. Four eye witnesses testified, describing a silver SUV and one of them gave our client’s license plate number! Within one hour, the police came to our client’s house, confronted him when he admitted that he was in that area, as he is every morning, taking his dog to the dog park in his silver SUV. Through thorough cross-examination of each and every witness, Criminal Defense Attorney Todd Greenberg was able to establish contradictions in each witnesses testimony and, despite the fact that an eyewitness took down my clients license plate, our client was Acquitted and found not guilty of all charges! In presentation of the Defense case, Mr. Greenberg called Character Witnesses who testified that the Defendant spent his life volunteering to help others through various charitable organizations. Mr. Greenberg argued that a person of this character, if he struck a pedestrian, would not leave the pedestrian laying there to die but would have gotten out of the car and helped. After one week of testimony and presentation of evidence which, according to the District Attorney, was “very strong”, a “Not Guilty” verdict was rendered. Mr. Greenberg was able to point out, despite the eyewitness testimony, serious inconsistences and relied heavily on the argument that the Defendant was not the type of person who would commit a crime. Character Evidence is very strong and you need a Criminal Defense attorney who knows how to use it! Call us at (718)268-0400 or visit us at www.addabboandgreenberg.com.
Timing is everything and an experienced criminal defense attorney will use that concept, all within the bounds of the law, to get the best result for a client. That is exactly what Criminal Defense Attorney Todd Greenberg did on the day of Jury selection wherein our client, an engineering student studying for his Master’s degree, was charged with Assault in the First Degree and facing up to twenty-five (25) years in jail. Our client, a young man in his late twenties with no prior record, was accused of striking another person with a bat causing serious injury. The client adamantly denied the charges and was anxious for a trial. An element of the Crime of Assault in the First Degree is causing serious physical injury by means of a deadly weapon. It was alleged that the Complainant, after being hit by a bat, suffered a serious physical injury to his shoulder that required surgery.
After our client was falsely accused of forcibly touching a woman on the subway we successfully secured a dismissal and sealing of his case. It was alleged that our client a respected businessman, rubbed and pressed his private area against a woman’s thigh and hip while riding the “E” train. Our client maintained his innocence. We rejected all plea offers from the District Attorney and demanded an immediate trial by jury. We appeared in court ready for trial and the District Attorney dismissed the case outright! Our willingness and ability to fight the case all the way prevented an injustice and resulted in all charges being dismissed and sealed. If you are charged with sex related crime, or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at (718) 268-0400 or visit us at Queenslaw.com.
New York State has some of the toughest gun control laws in the world. Our clients were retired military veterans and legal firearm holders who resided in Hawaii. Upon traveling through New York, they declared their weapons, which were contained in proper lockboxes in accordance with TSA regulations, at a ticket counter inside LaGuardia airport when they were arrested and charged with felony gun possession. Our office immediately put together a persuasive mitigation package and appealed directly to the Chief Assistant District Attorney of the firearm bureau of the District Attorney’s Office. Our strong advocacy on behalf of our clients convinced the District Attorney that the case was worthy of being dismissed. The case was subsequently dismissed and sealed without our clients needing to return to court. If you are charged with a firearm related offense, or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at (718) 268-0400 or visit us at www.addabboandgreenberg.com.
Our client, a 36-year-old female, was arrested and charged with two counts of Class “A” Criminal Sale of a Controlled Substance, the most serious charges contained in the Penal Law of the State of New York. Her husband was also charged and arrested. The evidence against our client consisted of observations by undercover officers and wiretap conversations. Immediately, a Writ of Habeas Corpus was brought to lower her bail and, within 2wks after her arrest, she was released on bail. Upon examining the wiretaps, it became clear to Criminal Defense attorney Todd Greenberg that our client did not have the necessary “intent” to participate in the drug sale and that she became an unknowing participant in her husband’s criminal activity by picking up and dropping off packages. Mr. Greenberg, Esq. and Ms. Caitlin Quvus, Esq., were able to establish to the District Attorney that our client was used by her husband codefendant without knowledge and intent to violate the Law. Our persistence paid off: on October 3rd, 2018, the District Attorney consented to a resolution of the case with a plea to Disorderly Conduct, a Violation and not a Crime. Our client, who would have had not only serious criminal consequences but also immigration consequences if she were found guilty, is now free of any criminal record and could go on with her life. For the best possible results in a criminal matter, contact New York criminal attorney Todd Greenberg, Esq. or Caitlin Quvus, Esq. at (718)268-0400 or visit our firm’s website at www.addabboandgreenberg.com.
After a trial that lasted several days, a Queens County Judge acquitted our client of all drinking driving charges. Our client was initially stopped for speeding on the Grand Central Parkway and was asked to step out of the vehicle after the Officer allegedly smelled an odor of alcohol. Addabbo and Greenberg Criminal Defense Attorney Caitlin Quvus successfully utilized a video obtained from the Officer’s dashcam to cross-examine the Officer and elicit conflicting testimony. Further,, Ms. Quvus was able to extract testimony from the Intoxicated Driver Testing Unit Technician that contradicted the first Officer’s testimony. Detailed cross-examination of both Officers established that neither Officer was a credible witness. Ms. Quvus successfully argued that despite a breath test reading that showed the client’s blood alcohol content to be above the legal limit, the inconsistent and contradictory testimony by the Officers combined with the client’s performance on the physical coordination tests showed that she was not impaired by alcohol and she was found “not guilty” of all drinking driving charges. If you are charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at (718) 268-0400 or visit us at www.addabboandgreenberg.com.
07/16/2018 QUEENS JURY: “NOT GUILTY” VERDICT FOR QUEENS CONTRACTOR CHARGED WITH FELONY POSSESSION OF FIREARMS
Our client, a Queens Contractor, was charged with Possession of two (2) Loaded Firearms in his garage. Under the New York SAFÉ ACT, Possession of a weapon, even in one’s home, was raised to a Class “E” Felony. Our client, in the midst of a bitter divorce, was arrested when police officers responding to a domestic incident came to his home wherein our client’s estranged wife directed them to the guns in a draw in his garage which was under his control. After two (2) years of litigation, the Jury returned a “NOT GUILTY” verdict in this matter on June 26 th, 2018. At trial, Criminal Defense Attorney Todd Greenberg attacked the DNA evidence that was presented which showed our client’s DNA on those two guns. Through the Prosecution’s own case, the Defense established that our client was “set up” by his wife who wanted him out of the house! Additionally, based on Mr. Greenberg’s knowledge of DNA evidence, Mr. Greenberg was able to show that the Office of the Chief Medical Examiner of New York simply did not do a proper analysis in this case. He exposed the OCME’s protocol of only taking the highest quantity of DNA on a gun and analyzing it, which was our client’s DNA, but ignored two other locations of DNA on the gun without analyzing same. The argument to the Jury was that this incomplete investigation deprived the Jury of very important data as to who touched that gun. Further, during cross-examination, Mr. Greenberg was able to get the Criminologist from the OCME’s office to admit that the Defendant’s DNA actually was a mixture and contained the DNA of a third person which was never tested. After speaking with the Jury at the end of the case, the Jury highlighted to Mr. Greenberg that they followed his summation and found the DNA Analysis insufficient and that the Defendant’s wife lacked credibility. If you are falsely arrested and charged with a crime call Criminal Defense Attorney Todd Greenberg for the best result at (718)268-0400 or visit our firm’s website at www.addabboandgreenberg.com.
LONG ISLAND CRIME. WOMAN PLEADS NOT RESPONSIBLE FOR MOM’S DEATH. Attorneys said Suzan Grossman-Kerner of Oceanside was not responsible due to mental illness in the 2015 stabbing of her mother, Irma Grossman. By Joan Gralla [email protected] @JoanGralla Updated May 15, 2018 9:30 PM
An Oceanside lawyer pleaded not responsible for stabbing her mother to death due to mental illness, attorneys said on Tuesday. The Nassau district attorney’s office confirmed the plea by Suzan Grossman-Kerner, who had been charged with the murder of her mother, Irma Grossman, 79, in August 2015. “This is one of the top heart-wrenching cases; when somebody kills their mother, there has to be real, real mental illness here,” her lawyer, Todd D. Greenberg, said by telephone. Grossman-Kerner “was a successful attorney, with three kids, and a good job – and she snapped,” he said, noting her husband, also an attorney, has stood by her. Her collapse began after superstorm Sandy in 2012 destroyed some of her belongings, said Greenberg, who documented his client’s psychiatric history in a presentation before acting state Supreme Court Justice Meryl J. Berkowitz. “She grew depressed, delusional, dysfunctional; the mental illness, as her doctor said, ‘took a severe, unrelenting mental course,’ ” her attorney said. As a patient at Zucker Hillside Hospital, Grossman-Kerner underwent 40 electroconvulsive therapy treatments, he said. “And she felt that harmed her,” Greenberg said. “Basically, she blamed her mother and her husband for the particular treatment she received,” he said. Glen Oaks-based Zucker Hillside Hospital is part of Northwell Health. Citing patient confidentiality laws, a Northwell spokesman declined to comment. On Aug. 17, 2015, Grossman-Kerner went to her mother’s Terrell Avenue home in Oceanside, where the two argued over “her daughter’s ongoing medical conditions,” police said at a news conference on the following day. “The daughter, enraged, ultimately stabbed her mother to death,” Det. Capt. John Azzata said at the time. The mother was pronounced dead at South Nassau Communities Hospital at about 2:55 p.m. Grossman-Kerner called 911 about 12:48 p.m. and told authorities her mother had been assaulted. She was arrested at the scene and then charged with murder in the second degree. Since her arrest, Grossman-Kerner has spent most of the time in Nassau County jail, her lawyer said. She also has been examined by a doctor chosen by the prosecutors, he said, thanking the Nassau district attorney’s office for “doing the right thing” in this case. Two psychiatrists now will examine her to determine whether “she is dangerously mentally ill,” her lawyer said, and present their findings to the judge on June 19. If they determine she is dangerous, Grossman-Kerner will be sent to a secure psychiatric hospital, and re-examined periodically to see if she has improved enough to be transferred out. Said her lawyer: “Ms. Grossman-Kerner has an opportunity and will receive the proper psychiatric care and hopefully get herself back to a normal state.” By Joan Gralla https://www.newsday.com/long-island/crime/oceanside-murder-plea-mother-1.18561979
After a two-week Suppression Hearing involving testimony from police officers, detectives and a psychiatrist for the Defense and a psychiatrist for the Prosecution, all statements made by our client, who was charged with Arson and Assault, were suppressed as a matter of Law. Knowledge of the Law and extensive preparation in presenting Psychiatric testimony, resulted in the Constitutional Rights of our client being upheld. When an incriminating statement is made by a defendant in police custody, the Prosecution has a “heavy burden” of proving that the statement was voluntarily given. In the case of a mentally ill Defendant, more than a simple recitation of the Miranda Warning is required: New York’s highest Court has set forth that “The People must establish that the Defendant grasped that he or she did not have to speak to the interrogator…” In the case at bar, Addabbo and Greenberg attorney’s Todd Greenberg and Caitlin Young were able to prove that although the Defendant responded “yes” to a waiver of his Miranda Warning, that, in actuality, he did not “grasp” the meaning of those warnings. The Court held, in suppressing all statements, that “…clearly the Defendant suffers from a mental illness and appears, based upon the People’s own witnesses, that he was suffering from some form of illness in the way he reacted to law enforcement officers that basically was described by both officers who testified regarding the Defendant’s bizarre behavior”. Mr. Greenberg’s extensive courtroom experience was key in eliciting the proper testimony that the Judge relied on. Ms. Caitlin Young, Esq., prepared a detailed and well written legal brief that highlighted the factual issues and the Law, which ultimately the Court adopted. No matter how bleak your situation is, the lawyers of Addabbo and Greenberg will fight for you and bring forth all issues that will help achieve the best resolution. At Addabbo and Greenberg, we have handled numerous cases involving mentally ill defendants and are familiar with issues involving such clients in the Criminal Justice System. Call us at (718)268-0400 or visit our firm’s website at www.addabboandgreenberg.com.
Drunk Driving is a serious crime and should be prosecuted to the fullest extent. However, sometimes a person is arrested for DWI when he is not Intoxicated, but did have a drink and his breath smells of alcohol. This is that case! Despite a 0.10 reading on the breathalyzer, Queens Criminal Defense Attorney Todd Greenberg obtained an Acquittal of all charges for our client, a Certified Airline Mechanic, whose career was on the line. How? During cross-examination of the arresting officer, Mr. Greenberg elicited that although our client passed a red light at 2:30a.m. and the Police Officer stated there was a strong odor of alcohol coming from his breath and he had blood shot eyes, that, in fact, the strong odor of alcohol was coming from the vehicle (not our client), that our client was steady on his feet, cooperative and he was speaking clearly. Further, Mr. Greenberg had the Officer admit that during his observation of our client’s operation of the vehicle, both before and after the red light, he operated the vehicle as a “reasonable and prudent driver”! That language is critical in that the DWI Statute sets forth that a person is Intoxicated when he consumes alcohol to the extent that he cannot operate the vehicle as a “reasonable and prudent driver”. Although the Intoxicated Driver Testing Unit Technician, who administered the breath test, said our client failed the physical coordination test, detailed cross-examination established that the technician failed to give proper instructions regarding the tests. For instance, a video tape showed that our client failed the Finger to Nose Test. However, the instructions for the Finger to Nose Test sets forth that a suspect should tilt his head “slightly back” with his eyes closed. The IDTU Technician told our client to tilt his head “all the way back until he is looking at the ceiling”. Mr. Greenberg then had the Technician admit that the test must be given properly to yield any value. Clearly, the tests were not administered properly in this case. Mr. Greenberg’s knowledge of the Law was critical: although there is a per se 0.08% level of intoxication, whether a person exhibits the signs of intoxication or not, the Law clearly says that a person’s physical attributes can be weighed against the results of the test to determine if the test is correct. In this case, Mr. Greenberg argued that the test result had to be in error because our client did not exhibit the common signs of intoxication. Our client was acquitted of all charges involving Driving While Intoxicated and Driving While Under the Influence, a considerable victory given the fact that the District Attorney insisted from the inception of this case that our client was Intoxicated. Knowledge of the Law, knowledge of the facts of the case and experience in cross-examining police officers led to the best result possible: an acquittal of all charges. You can reach Mr. Greenberg at (718)268-0400 or visit our firms website at www.addabboandgreenberg.com.
Three of four men received jail time and a national Asian-American fraternity was barred from doing business in Pennsylvania Monday in connection with the December 2013 hazing death of a college student in the Pocono Mountains. Kenny Kwan, Charles Lai, Raymond Lam and Sheldon Wong – all fraternity brothers of Pi Delta Psi – were sentenced after pleading guilty in May to manslaughter as accomplices and hindering apprehension in the death of Chun Hsien “Michael” Deng, an 18-year-old at Baruch College in Manhattan who was pledging to the fraternity when he died. Blindfolded and wearing a backpack, Deng was forced to walk in the backyard in the early morning hours through a line of fraternity members who allegedly pushed, shoved and tackled him in an attempt to bring him down, court records state. Judge Margherita Patti-Worthington, of the Court of Common Pleas of Monroe County, sentenced Wong and Lam each to 10 to 24 months incarceration; Kwan to a term of 12 to 24 months; and Lai to time served, according to attorneys for several of the defendants. Each sentence will be followed by seven years probation, according to Kimberly A. Metzger, a prosecutor with the Monroe County Office of the District Attorney. Wong’s attorney, Steven Brill, and Lam’s lawyer, Todd Greenberg, said their clients were taken into custody following the hearing and began serving their sentences in county jail immediately. Both Brill and Greenberg said there were no plans to appeal the conviction or sentencing. “There were no winners today or in this case,” Brill said. “Michael Deng has died. Sheldon Wong’s life is shattered and uncertain. But this sentence is reasonable enough that it allows Sheldon to get out and continue on the productive road that he was on before this night ever happened.” Greenberg said the sentencing process was extremely fair. “The judge took into consideration all of the mitigating factors in this case,” he said. “There’s no question that this is a tragic incident with regard to Michael Deng, but equally tragic to Mr. Lam and his co-defendants in the sense that they were young men on the right track and nobody intended this to happen.” Jim Swetz, Lai’s attorney, said in a phone interview that his client was eligible for immediate parole and was released. He said he was satisfied with the sentence, adding that Lai would not be available for interviews because of ongoing civil litigation. Robert Saurman, Kwan’s attorney, said Tuesday they were satisfied with the verdict. “The judge was fair,” he said. “She applied justice to it, weighed the balance, and came out with a very just decision, which punishes the defendants but also recognizes that they didn’t act with any malice, that they made mistakes, horrible mistakes, but no one intended any harm.” Earlier Monday, Patti-Worthington sentenced Pi Delta Psi to 10 years probation and imposed a $112,500 fine, the maximum allowable by law, according to Metzger. The fraternity, which was convicted in late November on criminal charges, including aggravated assault and involuntary manslaughter, is required to pay off the fine and associated cost of prosecution within five years, Metzger said. Pi Delta Psi must also give written notice 60 days from Monday of its conviction and sentence to all colleges and universities across the country where it currently has or has ever had a chapter, associate chapter or colony, or where they plan to host or establish them, according to Metzger. Metzger said she had asked for 20 years probation, but was satisfied with the sentence. “I think the judge really took her time with contemplating what was the most appropriate sentence, and so we have no objection to what she’s done here,” Metzger said. Wes Niemoczynski, Pi Delta Psi’s attorney, said the sentence was within the judge’s discretion but that the fraternity is going to appeal the verdict. “What happened at trial, I think, was a gross mischaracterization of the fraternity and its policies and its rituals and all the rest of that,” he said. Deng’s mother submitted a written statement to the court ahead of the sentencing, according to Metzger; his family was not present in court Monday. Deng was pledging to Pi Delta Psi when he died during a December 2013 retreat at a rented house in the Poconos, around 96 miles west of New York City. The hazing was part of a violent ritual known as the “glass ceiling.” Deng fell several times and suffered multiple blows to his body, including his head, according to a forensic pathologist, court documents state. A grand jury presentment said he was brought into the living room, but wasn’t driven to a hospital for at least an hour. An autopsy showed Deng died of complications of traumatic brain injury, and the delay in treatment, the forensic pathologist said, significantly contributed to his death, according to court documents. Last January, fraternity member Ka-Wing Yuen was the first of 37 individual defendants sentenced in the case. Yuen pleaded guilty to charges of conspiracy to hinder apprehension by evidence tampering, a third-degree felony, and conspiracy to commit hazing, a misdemeanor. He was given five years probation, ordered to complete 100 hours of community service, and pay a $1,000 fine. Metzger said 30 individual defendants in November entered guilty pleas and were all sentenced to probation, ranging from six to 36 months. Former national fraternity president Andy Meng, brother of U.S. Rep. Grace Meng (D-N.Y.), was given the harshest punishment of 36 months probation, according to Metzger. Deng’s family has also filed a lawsuit against the fraternity.
This case illustrates why it is important to retain a private attorney immediately upon being arrested. Our client, a twenty-three year old man, was arrested as he stepped off a plane at JFK Airport returning home from China after visiting his family. He was charged as a Fugitive from Alabama and immediately detained in an Extradition Proceeding. It was alleged that he was charged with Theft of Property in Alabama, allegedly occurring on September 17, 2016. In an Extradition Proceeding, the only issue for the New York Courts to decide is whether the person arrested is the person wanted in Alabama. Guilt or innocence of the Crime is not inquired into. However, the definition of a “Fugitive from Justice” is that the person under arrest in New York was present in the demanding state (Alabama) at the time the crime was committed. Our client appeared at his arraignment in Queens County with a Public Defender who advised him to waive his Right to a Writ of Habeas Corpus and to consent to be sent to Alabama. Once that occurs, Alabama would have to pick up our client in Thirty (30) days and can ask for a sixty (60) day extension, while the arrested person remains in jail. Four days after the Waiver, the client retained Criminal Defense Attorney Todd Greenberg who immediately attempted to withdraw the Waiver on the ground that the client had indisputable evidence that he had never set foot in Alabama! Mr. Greenberg spoke to family members, obtained employment records and proved beyond any shadow of a doubt that his client was never in Alabama. Despite that evidence, the Judge refused to allow the withdrawal of the Waiver and denied Mr. Greenberg’s application to release his client. While Mr. Greenberg was preparing a Writ of Habeas Corpus and an Appeal to a higher court, he met with the Assistant District Attorney in charge of Extraditions and pleaded on behalf of his client that an innocent man was being held in jail and that despite the Court’s failure to allow the withdrawal of the waiver, the Queens District Attorney’s Office should look into this matter immediately. In the interest of Justice, and based on Mr. Greenberg’s representations, Assistant District Attorney George Farrugia exercised due diligence, investigated the matter, and, on Veteran’s Day, a holiday, came to court himself to urge the Court to release our client so that he may travel on his own to Alabama to straighten this matter out. Our client was released and Mr. Greenberg has contacted the Alabama Authorities to convince them that they have a Warrant for an innocent man. The Queens District Attorney’s Office went out of its way to procure Justice for our client for which we are very thankful. Call Criminal Defense Attorney Todd Greenberg at (718)268-0400 or reach us at www.addabboandgreenberg.com for the best result in your case.
A Nassau County District Court Judge dismissed a DWI case prior to trial on Motion of Criminal Defense Attorney Todd Greenberg on the ground that the District Attorney of Nassau County failed to be ready for trial within the appropriate time limit. The Defendant in this case had a prior attorney who was urging her to plead guilty. Mr. Greenberg immediately advised the District Attorney that there would be no plea in this case. The reason was simple: it was alleged that our client, on Thanksgiving Day 2015, was in a car accident on the Southern State Parkway wherein she was struck from the rear and did not cause the accident. Upon the police arriving, they smelled alcohol on our client’s breath and she advised that she was at Thanksgiving dinner with her family and during the course of the day had three (3) glasses of wine. She blew a 0.08% of Blood Alcohol Content on a breathalyzer machine which is the exact legal limit for Driving While Intoxicated. During pretrial hearings regarding her statement, Mr. Greenberg elicited this astonishing fact: the police officer placed our client in the back of the police car in handcuffs, but since the Trooper did not know how to drive a stick-shift he removed our client from the car, removed her handcuffs, and told her to move the car, which she did! How could an officer say that a person was so Intoxicated that she could not operate a vehicle as a reasonable and prudent person, which is the legal standard, yet hand her the keys to the car on the crowded Meadowbrook Parkway to move the car. Although Mr. Greenberg was anxious to take this case to a Jury, he insisted in having a trial and, eventually, after the People kept stating they were not ready for the trial, the case was dismissed on Constitutional Speedy Trial grounds. If you find yourself charged with DWI or any serious crime, hire an attorney that does not immediately jump into a plea deal but prepares the case and has the knowledge and experience to take cases to trial. Call Criminal Defense Attorney Todd Greenberg at (718)268-0400 or reach us at www.addabboandgreenberg.com.
On August 16th, 2017 our client was acquitted by a New York County Jury of Criminal Sale of a Controlled Substance, a Class “B” Felony, as well as Possession with Intent to Sell. The District Attorney told the jury that this was an “open and shut case” for a conviction based on the fact there was a video of the sale, which allegedly took place at the Marquee Club in New York, as well as being witnessed by a security guard. At Trial, the District Attorney played the video, called the alleged buyer to the stand and also the security guard who stated he was 5 feet away and witnessed the sale. Significantly, at the Pretrial Hearing, based on the Cross Examination skills of New York Criminal Defense Attorney Todd Greenberg and his knowledge of the Law, all statements and items seized upon our client’s arrest was suppressed in that the People failed to establish “Probable Cause”. Put simply, the District Attorney presenting the case failed to put enough facts into the Hearing to establish the predicate for the arrest! Therefore, the evidence at Trial consisted of an alleged drug sale without any money being recovered from the Defendant! Please call Criminal Defense Attorney Todd Greenberg if you need help and for the best result! Call us at (718)268-0400 or reach us at www.addabboandgreenberg.com.
Not only did Queens DWI attorney Todd Greenberg obtain a dismissal of a complaint charging Operation a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the complaint, on July 24th, 2017 a False Arrest case based on that arrest was settled for a substantial amount of money. In January of 2016, our client was involved in a one car motor vehicle accident and the police alleged that our client made an incriminating statement and that she was “confused”, that she had “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent and defective to the legal sufficiency of the complaint was allegations that the Defendant ingested any alcohol or a drug, that the drug allegedly ingested was prescribed by the Public Health Law and that our client operated a motor vehicle impaired by such ingestion. Further, Mr. Greenberg argued that the police officer’s observations were consistent with just being in an accident and not evidence of intoxication. Moving immediately for a dismissal of the complaint based on applicable Law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Thereafter, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the act of the police officer in arresting the Defendant without “Probable Cause”. On July 24th, 2017, the Federal Civil Rights and False Arrest case was settled for a substantial amount of money. Once again, knowledge of the law and immediate action in Court has resulted in the best possible result: Dismissal of a DWI charge and substantial recovery for False Arrest! Call us at (718)268-0400 or reach us at www.addabboandgreenberg.com.
07/27/2017 Criminal Defense Attorney Todd Greenberg Successfully Defends 21 Year Old Involved in Armed Robbery of Caesars Atlantic City Casino
Too many times in my career, young adults with good backgrounds make stupid decisions. This case is one of them. Our client, a college student, got involved with three (3) other young men and acted as the getaway driver in what was an armed robbery of Caesars Atlantic City Casino in 2014. The case was prosecuted in the Atlantic County Court in New Jersey by the office of the Attorney General Casino Prosecution Bureau. The evidence established my client’s car as the getaway car and our client was implicated by several witnesses. Two of the other men went in the casino, placed a gun at a teller’s head and stole in excess of $180,000.00. Our client was arrested two (2) weeks later and made a full confession except for one detail: Our client maintained that although he knew there was going to be a theft, he did not know that the person going into the casino was armed with a weapon. One of the other defendants was a former employee and our client thought that he knew where the money was and that there was inside cooperation. His family, from Queens, immediately contacted Mr. Greenberg who has been fighting this case since 2014. Mr. Greenberg immediately understood there was a major difference in the sentencing structure if our client knew there was a gun and it was going to be an armed robbery. Although the Attorney General did not accept our client’s version at first, with persistence and due diligence, and pointing out other factual matters to the Attorney General, Mr. Greenberg was able to establish that our client did not know that the other participant was armed with a gun. The difference was significant in that an armed robbery conviction would mandate a sentence of up to 25 years and under New Jersey’s “No Early Release Act”, our client would have had to do 85% of the sentence! Instead, under the Theft charge, our client was sentenced to 7 years but the “No Early Release Act” did not apply. The bottom line is that our client was just released on July 10th, 2017 after serving three (3) months of his prison sentence under a New Jersey program known as “Intensive Probation Supervision”. Our client, now 23, has been reintegrated into society and is on his way to being a productive and contributing member of the community. No matter how serious your situation seems, contact Criminal Defense Lawyer Todd Greenberg for the best results at (718)268-0400 or at www.addabboandgreenberg.com.
06/12/2017 “Date Rape” Indictment Dismissed After Production of a Roommate Who “Heard” The Entire Encounter
Our client was charged with Forcible Rape in the First Degree, a charge that carries a potential twenty-five (25) years in jail, based upon what our client maintained was a consensual encounter. The Indictment charged that our client engaged in sexual intercourse with a female by means of “forcible compulsion”. It was alleged that our client “…did grab the informant by the informant’s hair, throw the informant to the floor, causing the informant to fall to the informant’s knees, hold the informant down by placing his hand on the back of informant’s neck and…” had intercourse without informant’s consent. Our client, who was visiting from France, had his family reach out to New York Criminal Defense Attorney Todd Greenberg who immediately arranged for him to be released on bail. Our client maintained his innocence and all plea offers were rejected. An immediate investigation ensued wherein Mr. Greenberg and Associate Attorney Caitlin Young spoke to all of our client’s roommates. A very thin wall separated the room where this allegedly occurred and our client’s roommate who was a visiting student from Japan. That witness was leaving New York on his way back to Japan but had critical information: He “heard” the encounter and described sounds coming from the woman that sounded pleasurable and not compelled by force! Using a section of the law that is rarely utilized, Mr. Greenberg and Ms. Young moved the court for an Order to conditionally examine the witness to preserve his testimony at trial. Although the Trial was not going to occur until six (6) months later, the witness was called into Court, questioned and cross-examined and his testimony was videotaped for use at the trial. After his testimony, the offer became lower but, upon the advice of Mr. Greenberg, our client did not accept any plea in that he was not guilty in that the sexual encounter was consensual. On June 6th, 2017, the matter appeared for trial wherein the District Attorney stood up and outright dismissed the case! Once again, due diligence and knowledge of the Law on the part of Criminal Defense Lawyers, Todd Greenberg and Caitlin Young prevented an injustice and the entire Indictment was dismissed against our client. If you need help call Criminal Defense Lawyer Todd Greenberg at (718)268-0400 or you can reach our firm, Addabbo and Greenberg, at www.addabboandgreenberg.com.
04/21/2017 Driving While Intoxicated Charge Dismissed on Motion of District Attorney After Pre-Trial Hearings!
Our client was arrested and charged in Queens County with the Misdemeanor crime of Driving While Intoxicated. The Police alleged that our client was operating his vehicle when he failed to signal and, thereafter, he was observed to have “bloodshot watery eyes” and a “a strong odor of an alcoholic beverage on his breath”. Upon advice of Criminal Defense attorney Todd Greenberg, all plea offers were rejected and the case proceeded to pretrial hearings. During a skilled cross examination of the arresting officer, Mr. Greenberg elicited that other than the failure to signal, he had no reason to pull over our client. The police officer admitted that our client was not swerving, that our client did make a proper stop at a stop sign and that other than failing to signal, the “Defendant was driving in a reasonable and prudent manner”. That language is critical because the burden of proof in a drunk driving case is that due to alcohol consumption a person is incapable of driving a vehicle in a “reasonable and prudent manner”. After legal briefs supporting the dismissal were filed, on the next court date the District Attorney stood up and dismissed the case outright, not even waiting for the Judge’s decision! This case illustrates how a skilled Criminal Defense attorney, knowing exactly what questions to ask which will elicit the proper responses, can win a case at the pre-trial hearing stage. If you are arrested and charged with DWI, or any crime, for the best result call Criminal Defense attorney Todd Greenberg at (718)268-0400 or visit us at www.addabboandgreenberg.com.
04/03/2017 Criminal Defense Attorney Todd Greenberg Obtains Federal Deferred Prosecution Of Fraud Charges In SDNY
Federal Criminal Defense Attorney Todd Greenberg, through persistence and diligent effort, obtained a Deferred Prosecution agreement for his client who was charged with defrauding the United States Department of Housing by obtaining Section 8 Housing Subsidies in connection with the lease of an apartment in New York City. It was alleged that our client obtained “Section 8” vouchers and failed to disclose to the Government that her fiancé was actually living in the apartment with her and never disclosed his income which would have rendered the client ineligible for such Aid. Although the evidence at first seemed strong, after investigating the facts of this case, it became clear to Mr. Greenberg that the only reason that the Client’s fiancé was living in the apartment was that the Client’s children were being threatened by a harassing neighbor and that the fiancé moved into the apartment to protect the client and her children. Further, it was discovered that it was that harassing neighbor who reported to the New York State Department of Investigation that our client was in violation of her lease and Section 8 rules! Although the Government was reluctant at first to allow a dismissal of the criminal charges, after several meetings and persistence by Criminal Defense Attorney Todd Greenberg, the Government allowed a Deferred Prosecution for a six (6) month period after which all charges will be dismissed and sealed as if it never occurred. The client, a New York City employee, will be able to retain her employment and resume her life. A Deferred Prosecution (also known as Pretrial Diversion) is an alternative to prosecution which seeks to divert certain offenders from tradition criminal justice processing into a program of supervision and services administered by the U.S. Probation service, resulting in a dismissal of all charges. Our Client will receive a dismissal of all Federal criminal charges instead of having a criminal record. If you have a need for an experienced Criminal Defense Lawyer, call Todd Greenberg for the best result. You can reach Mr. Greenberg at (718)-268-0400 or visit us at www.addabboandgreenberg.com.
01/04/2017 Nassau County Jury: “Not Guilty” DWI
After a two-week trial, a Nassau County Jury found our client “Not Guilty” of Driving While Intoxicated. The defendant was stopped on her way to North Shore University Hospital for driving erratically while going to see her husband who got sick earlier in the evening and was rushed to the hospital. When stopped, the police officer said that the vehicle smelled from alcohol and that the defendant stated that “She was drinking vodka all night. According to the police officer, she failed the field sobriety test given at the scene and she refused the breathalyzer at the precinct. Nassau County Criminal Defense attorney Todd Greenberg argued to the jury that the defendant was lost and not driving erratically and that she said she had “One vodka earlier in the night”. After deliberating for two (2) days, the jury rendered a “Not Guilty” verdict for the crime of Driving While Intoxicated but did find the defendant “Guilty” of Driving While Impaired, a Violation and not a crime. Significantly, a motion to vacate the conviction to Driving While Impaired is being prepared in that the presiding judge wrongfully excused a juror without making the detailed inquiry required by the Criminal Procedure Law. Once again, based on the hard work and experience of criminal defense attorney Todd Greenberg, our client avoided a criminal record. Further, the fight continues in our attempt to get the Driver While Impaired dismissed! If you are charged with Driving While Intoxicated (DWI), Driving Under The Influence (DUI) or any crime, call attorney Todd Greenberg for the best result at 718-268-0400 or visit us at QueensLaw.com.
10/11/2016 Indictment Dismissed: New York Supreme Court Judge Grants Suppression Of Evidence – Constitutional Right Of Client Upheld
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 QueensLaw.com if you need our help.
Many times in a criminal case, it is better to do nothing and wait. That is the advice that New York Criminal Defense Attorney Todd Greenberg gave his client in a DWI case in Suffolk County, which resulted in a dismissal of all charges based on a Violation of the Defendant’s Speedy Trial Rights. The Defendant was arrested on July 6 th, 2013 and charged with Two Counts of Driving While Intoxicated based on alleged erratic driving, statements made and a reading of 0.16% on the Breath Test. A motion to suppress statements was held on July 8, 2014 and the Motion was granted whereby a statement made by the Defendant was suppressed based upon a Violation of her Constitutional Rights. The Judge then marked the case for trial and advised that the defense would get a date in the mail to appear for jury selection. However, that date never came. Our client was anxious to resolve the case and insisted that Mr. Greenberg contact the Court so that the matter can be resolved. Based on his extensive experience in the criminal justice system, Mr. Greenberg urged the client to sit tight and not say a word and allow the time to accumulate. Although the client kept requesting a resolution, Mr. Greenberg prevailed and the client waited for that trial date. Eventually, on June 16 th, 2916, a little shy of two (2) years, Mr. Greenberg received a notice that the case will appear for trial. Too late! Mr. Greenberg filed a Motion to dismiss based on a violation of the Defendant’s Statutory and Constitutional Right to a Speedy Trial which was granted in its entirety and the case was dismissed on September 13, 2016. An experienced criminal attorney not only knows how to fight a case in Court, but also knows when to remain silent when it is to the advantage of a client. Call Queens Criminal Defense Attorney Todd Greenberg for help if needed. (718)268-0400, www.addabboandgreenberg.com.
04/11/2016 “Not Guilty” Verdict On Possession Of Gun With Intent To Use Avoiding Mandatory Minimum 3 ½ Year Sentence
A Queens Supreme Court Judge acquitted our client of all Felony charges regarding possession of illegal handguns in his apartment wherein there was an accidental discharge and a bullet entered a neighbor’s apartment. Our client was given the gun by a friend for self-defense purposes and was unloading it when it discharged into the apartment below. The police arrived, saw the bullet hole in the ceiling, went to our client’s apartment, searched the apartment and obtained two hand guns for which the Defendant did not have a license. He was arrested for Two Counts Criminal Possession of a Weapon with Intent to Use and Reckless Endangerment in the First Degree. The District Attorney of Queens County, relying on the Statutory Presumption of “Intent to Use”, charged the Defendant with a Class “C” Felony which mandated a mandatory minimum 3 ½ years if convicted. Criminal Defense Attorney Todd Greenberg filed a Motion arguing that the Defendant’s Constitutional Second Amendment Right to Possess Arms was violated by the application of the presumption of possession to the weapons which were in the Defendant’s home. Although the Judge denied the Motion, in acquitting our client, the Judge found that the Defendant overcame the presumption of “intent to use” and that the People failed to prove that element beyond the reasonable doubt, finding the Defendant guilty of a Class “A” Misdemeanor of Possession of a Firearm in his home. Significantly, Mr. Greenberg and Addabbo and Greenberg Associate, Caitlyn Young, did extensive research and presented every case to the Court where the presumption of “Intent to Use” was applied and distinguished the case at bar. Also significant, an Element of Reckless Endangerment in the First Degree is that the Defendant acted with a “Depraved Indifference to Human Life”, and the Court held that the People failed to prove that element beyond the Reasonable Doubt. Based upon Mr. Greenberg’s knowledge of the law, his extensive Trial experience and persistence and dedication on behalf of his client, our client was found “NOT GUILTY” of all Felony charges, and his exposure for punishment has been limited to that of a person convicted of a Misdemeanor crime. If you are charged with a serious crime, call Queens Criminal Defense Attorney Todd Greenberg for the best result at (718)268-0400 or reach us at QueensLaw.com.
03/15/2016 “Not Guilty” Verdict For Client Charged With Felony Possession Of Fifty Pounds Of Marijuana
One March 10th, 2016, our client was acquitted of all charges involving Criminal Possession of Marijuana. It was alleged that our client was in possession of approximately fifty (50) pounds of marijuana recovered from a house in Queens, New York. New York Criminal Defense Attorney Todd Greenberg argued that the District Attorney failed to present evidence proving “constructive possession” of the marijuana beyond a reasonable doubt which ultimately resulted in the acquittal. Most significantly, the Defendant was allegedly seen leaving the house by undercover police who were conducting surveillance with a bag containing three or four pounds of marijuana and was followed to a location where he made an alleged sale to a third party who was also arrested. However, On November 16th, 2015, a Queens County Supreme Court Judge suppressed the recovery of the marijuana that was found in the bag and United States currency that was allegedly given to my client for the purchase. (See Suppression of Marijuana Granted in Felony Drug Case, below). Without that evidence at trial, the District Attorney could not make the connection to the fifty pounds of marijuana found in the house. The cycle has now been completed: based on Mr. Greenberg’s hard work the Defendant was ” NOT GUILTY!” of all charges. Once again, knowledge of the Law, extensive experience in cross-examination of police witnesses and persistence and dedication in preparing pretrial motions and trial preparation, resulted in a complete acquittal of all Felony drug charges. If you are arrested and charged with narcotic possession or sale of a drug call New York Criminal Defense Attorney Todd Greenberg for the best results at 718-268-0400 or reach us through QueensLaw.com.
Our client was charged with Assault where it was alleged by the complaining witness that our client intentionally ran him over with a limousine. Our client and the complainant were employed by a limousine company in Queens County. Although they were friendly with each other for twenty-five (25) years, the complainant began to act irrationally and became violent towards our client. The complainant alleged that when he was walking into the limousine garage, our client intentionally aimed his vehicle at him and, at a high rated speed, clipped him with the vehicle causing serious injury to his elbow, leg, neck and back. However, on cross-examination, after taking photographs and measurements of the garage, it was established that it would be impossible for our client to have reached a high rated speed in such a short distance. Further, during cross-examination, Criminal Defense Attorney Todd Greenberg had the complainant mark a photograph indicating where all the parties were and, once again, using speed and timeframe calculations, demonstrated that it was impossible to occur as stated. Mr. Greenberg also argued that the motivation for the false charges against our client was a civil lawsuit and workers compensation claim and that the complainant sought financial gain and fabricated his testimony ” NOT GUILTY!”. Once again, knowledge of the Law, extensive experience in cross-examination of witnesses and extensive trial preparation has led to the acquittal of our client. If you need our help, call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at QueensLaw.com.
Queens DWI attorney Todd Greenberg obtained a dismissal of a complaint charging Operating a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the Criminal Court Complaint. The complaint alleged that the Defendant was involved in a motor vehicle accident, that the Defendant made an incriminating statement that she was “confused” and the arresting officer stated in the Criminal Court Complaint that he observed the Defendant to have “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent, and defective to the legal sufficiency of the complaint was any allegation whatsoever that the Defendant ingested a drug, that the drug ingested was prescribed by the Public Health Law and that after ingesting the drug, the Defendant operated a motor vehicle impaired by such ingestion. Indeed, the complaint failed to mention the drug involved! Moving immediately for a dismissal of the complaint based on applicable law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Further, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the acts of the police officer in arresting this Defendant without “Probable Cause”. Once again, knowledge of the Law and immediate action in Court has resulted in a dismissal of a DWI charge against our client. Call us. (718)268-0400, www.addabboandgreenberg.com.
On November 16 th, 2015, a Queens County Supreme Court Judge suppressed the recovery of pounds of marijuana and United States currency based on an illegal search and seizure of a vehicle. A Dunnaway/Mapp Hearing was held where police officers of the Field Intelligence Unit testified that they went to a location based on an “anonymous tip” and saw our client get into the driver’s seat of a van with a paper bag that appeared full. The police testified that the van pulled over, a person got in and the police observed, from outside the van, an alleged drug transaction where United States currency was given to our client, the driver, and a bag was given to the buyer. After pulling our client out of the car, handcuffing him and doing the same to the alleged buyer, the police looked in the bag and discovered approximately five pounds of marijuana. Based on a legal Brief submitted by Criminal Defense attorney Todd Greenberg, it was pointed out to the Court that the tip received was vague, that the officers failed to testify that they had any special training in drug transactions, that the exchange of a brown paper bag and money alone were not circumstances that would lead a reasonable person to believe a crime was being committed and that the police actually took our client into custody before any drugs was observed. In sum and substance, Mr. Greenberg argued that there were absolutely no facts to indicate that there was probable cause for an arrest or for a search of the vehicle. Suppression granted! Most significantly, Mr. Greenberg was retained after pretrial hearings were denied in that prior counsel failed to prepare proper moving papers and the case was scheduled for trial. Immediately upon being retained, Mr. Greenberg reviewed the file, moved to reargue pretrial motions and was granted hearings. If Mr. Greenberg had not seen that the Suppression Hearing was wrongfully denied the case would have proceeded to trial. However, instead, all evidence was suppressed and cannot be used in Court. Knowledge of the law, knowledge of how to cross examine police witnesses and persistence and dedication in preparing a legal Brief that essentially the Court adopted, resulted in the Constitutional Rights of our client being upheld. If you are arrested and charged with narcotic possession or sale call Queens Attorney Todd Greenberg for the best results at (718)268-0400 or reach us through QueensLaw.com.
Two Defendants, in unrelated cases, who both maintained their innocence to charges of Driving While Intoxicated, had their DWI cases dismissed and sealed on the same date in New York County. Both cases were dismissed based upon a violation of the Constitutional Rights of those Defendants to a Speedy Trial. In each case, DWI defense attorney Todd Greenberg was ready to proceed on each and every occasion, forcing the District Attorney to be ready for Hearings and Trial. On each such date, the People were not ready to proceed resulting in extensive Motion Practice setting forth that the Prosecutions’ delay violated Constitutional Speedy Trial Rights mandating dismissal. Although dismissal of both cases was adamantly opposed by the District Attorney the Judge granted the Motion of DWI attorney Todd Greenberg for dismissal. Once again, preparation and knowledge of the law has resulted in a favorable disposition for our clients. Call criminal defense attorney Todd Greenberg at (718)268-0400 or visit us at www.addabboandgreenberg.com.
10/13/2015 FLAVOR FLAV AVOIDS JAIL TIME, PLEADS GUILTY TO SPEEDING TO MOTHER’S FUNERAL. After his sentencing, Drayton thanked his attorney, Todd Greenberg of Queens, who he called “The Man”
Flavor Flav received a sweet no-jail deal Tuesday after pleading guilty to speeding to his mother’s funeral on Long Island last year.
10/1/2015 Federal Judge Grants Substantial “Variance” in Sentencing for Possession of Child Pornography via the Internet
A Southern District of New York Federal Judge granted what the Judge called a “significant variance” from the Federal Sentencing Guidelines with regard to a fifty (50) year old defendant who pled guilty to Possession of Child Pornography via the Internet. The Defendant was originally charged with Distribution and Possession of Child Pornography via the Internet. Immediately upon being retained, Federal Criminal Defense Attorney Todd Greenberg secured the Defendant’s release on a $100,000.00 signature bond. Thereafter, after discovering significant mitigating factors, Mr. Greenberg retained an expert to perform a Psychosexual evaluation. There were legal hurdles that Mr. Greenberg had to overcome to secure a fair sentence for his client who readily admitted his guilt: The charge of Distribution of Child Pornography via Internet carried a mandatory minimum of five (5) years’ incarceration. A presentation was made to a committee of Assistant US Attorneys in the Southern District and, based on the mitigating circumstances presented, Mr. Greenberg was able to procure a plea to Possession of Child Pornography, a charge that did not carry a mandatory minimum sentence. Citing the character of the Defendant, his continued counselling, his low risk of recidivism and the inherent unfairness of the Federal Sentencing Guidelines for Child Pornography possession, the Federal Judge granted a “significant variance” from the Guideline Range. Instead of a Federal Guideline sentence between 6 ½ years to 8 years, the Defendant received a 2 year sentence with three years’ supervised release. Through the effort of Federal Criminal Defense Attorney Todd Greenberg, his client’s sentence was significantly reduced. Please contact Criminal Defense Attorney Todd Greenberg at (718)268-0400 if you are charged with a computer crime.
05/18/2015 Federal Criminal Defense Attorney Todd Greenberg Obtains One Year Sentence For Client In Drug Conspiracy
On May 5 th, 2015, Federal Criminal Defense attorney Todd Greenberg obtained a sentence of one year and one day for a client who was charged in a heroin drug conspiracy in the Southern District of New York that mandated a ten-year minimum sentence. Mr. Greenberg was able to advocate for his client that his involvement in the Conspiracy was limited in time, that his client’s involvement arose out of his friendship with a Codefendant who he accommodated by driving him around and that the Defendant received no monetary profit from his acts and the Defendant was a minor participant in the Conspiracy. Further, Mr. Greenberg negotiated a plea wherein his client admitted to the lowest Drug quantity among his Codefendants and the Federal Guideline range was 21 – 27 months imprisonment. Upon submission of an extremely detailed Presentence Memorandum, as well as a presentation at sentence, the Federal Judge granted a variance from the Sentencing Guidelines and, at the request of Mr. Greenberg, sentenced the Defendant to a year and one day. Why the one day? Under the Federal system, if a Defendant is sentenced to one year in jail he must complete the full twelve months in jail. However, if the sentence exceeds one year, even by one day, the Defendant is entitled to a 15% reduction of his sentence. Therefore, the year and one-day sentence equaled 316 days in jail. At the time of sentence, the Defendant had already served nine months. Instead of serving ten (10) years for a serious Drug Conspiracy Felony Indictment Mr. Greenberg’s client served ten (10) month in jail! If you unfortunately find yourself in need of an experienced Federal Criminal Defense Attorney, call Todd Greenberg, (718)268-0400 or visit us at NewYorkArrested.com.
04/08/2015 All DWI Charges Dismissed After Suppression Of IDTU Video Tape Based On Violation Of Right To Counsel
The Defendant was arrested on October 4th, 2013 for Driving While Intoxicated and passing a red traffic signal. In suppressing the video tape, which ultimately led to the dismissal of the charges, the Court noted that “…at the time the Defendant was offered the Intoxilyzer test, he cursed at the officers and was generally uncooperative and argumentative.” Indeed, in our forty (40) years of experience in handling DWI cases, without a doubt this tape was the worst ever! However, the tape indicated that when the Defendant was first asked whether he would take the Intoxilyzer Test, the Defendant agreed to take the test. However, prior to doing so, the Defendant requested to speak with his attorney and provided the officer with the name of his attorney and the law firm he was affiliated with—which was Addabbo and Greenberg. Most significantly, the Court noted that “the Officer, however, took no action with respect to the Defendant’s request.” Thereafter, even though the Defendant was again asked to take the test, he replied “yes” and the test was administered and resulted in a high reading. Once again, knowledge of the law in this area was crucial: DWI attorneys Todd Greenberg argued that it was the duty of the police to make a reasonable effort to contact the Defendant’s attorney under these circumstances. Despite the Defendant’s “belligerent conduct” it was argued that he made a clear request for counsel only thirty (30) minutes after his arrest and the officer neither offered to contact the attorneys at Addabbo and Greenberg nor allowed the Defendant to make a call. Evidence Suppressed! Once again, knowledge of the law, persistence and dedication to our client resulted in a dismissal of a driving while intoxicated charge. Call attorney Todd Greenberg at (718)268-0400 or reach us at QueensLaw.com for top representation in Vehicular Crimes.
Once again, persistence on the part of the attorneys at Addabbo and Greenberg resulted in a dismissal, after more than one year of litigation, of the charge of Operating a Motor Vehicle While Intoxicated as well as Operating a Motor Vehicle While Impaired by Alcohol. The Defendant was charged on December 29th, 2013 after being stopped at a “check point” and after the Intoxilyzer Machine registered a .09% by weight of alcohol in his blood. Throughout motion practice, criminal defense attorneys Todd Greenberg refused an offer of Driving While Impaired on the ground that the Defendant was, simply, not intoxicated. After several adjournments in the Trial Part, the case was marked ready and, again, our attorneys refused any plea offer and demanded a trial. On February 24th, 2015, the case was sent to a Jury Part for Trial. Again, the offer was refused and instead of proceeding to a trial, the People conceded that they could not prove guilt beyond a reasonable doubt which resulted in a complete dismissal of all charges. Needless to say, our client, a Licensed Stock Broker, was ecstatic and vindicated! If you are charged with Driving While Intoxicated you need attorneys who know the law and are willing to go all the way to prove you are not guilty. At Addabbo and Greenberg, we have that experience as attested to once again by our very happy client. Call (718)268-0400 or visit us at www.addabboandgreenberg.com if you find yourself in this most unfortunate circumstance.
09/21/2014 New York Criminal Defense Attorney Todd Greenberg Comments on Sentencing of Joseph Beer, where Jury Deadlocked with Regard to All Charges Involving Marijuana Impairment Including Most Serious Charge of Aggravated Vehicular Homicide
Our client lived a person’s worst nightmare: arrested and detained for a crime he did not commit. On Friday August 8th, 2014, our client, along with his wife and two young children, travelled to Kennedy Airport to board a plane to Mexico for a one week vacation. Instead, our client’s name came up as a “wanted person”, based upon a warrant for Aggravated Assault with a Deadly Weapon issued from Orange County Florida. He was detained, arraigned and held for extradition in Queens County. Immediately upon being retained, New York Criminal Attorneys Todd Greenberg of Addabbo and Greenberg prepared a Writ of Habeas Corpus to bring our client before a higher Court. They thoroughly investigated the case and obtained the entire case file from a co-defendant’s attorney in Florida, and then convinced the District Attorney of Queens County to further investigate whether the right person was arrested. At first, the District Attorney’s response was that the Warrant was not only issued in our client’s name, but contained his date of birth, previous Florida address and social security number! However, upon further urging, the District Attorney contacted the Detective in Florida, showed the complainant in Florida a picture of our client and, sure enough, it was determined that the wrong man was in custody. The Writ of Habeas Corpus was granted on Friday, August 15th, 2014 and after one nightmarish week on Rikers Island, our client was released from custody and the extradition proceedings dismissed. On the way out of the Courtroom, an Assistant District Attorney of Queens County told our client’s family that if she (the Assistant District Attorney) or any members of her family were ever in trouble she would call Todd from Addabbo and Greenberg! Once again, the diligent efforts to free an innocent person by Criminal Defense attorneys Todd Greenberg resulted in the immediate release from jail and an end to this serious injustice. If you need help in an extradition matter or any criminal matter, please call New York Criminal Attorney Todd Greenberg at (718)268-0400.
No matter where the problem is, Criminal Defense Attorney Todd Greenberg is there to help. On July 16, 2014, in Virginia State Court, Fairfax County, all Sex Offense charges that carried a life sentence were dismissed and Todd Greenberg’s client was permitted to plead guilty to a Misdemeanor charge, was released from jail, and sentenced to unsupervised probation for one year. The case arose when the Defendant, a Queens County resident, was visiting his child in Virginia, when the child’s mother accused the Defendant of sexually touching the child. Although the Defendant denied the charges, to make matters worse, the Defendant made a full-taped confession to a Virginia Detective and to the baby’s mother over the phone. However, upon being retained and speaking to the Defendant, it became clear that the Defendant falsely confessed to a crime that never occurred due to the extreme pressure placed upon him by the baby’s mother that unless he “confessed” he would never see the child again. Immediately upon being retained, Mr. Greenberg traveled to Virginia, interviewed the Defendant in jail, hired a “False Confession” Expert and made a presentation to the Virginia District Attorney. At first, the District Attorney insisted on proceeding with the case and obtained an Indictment. However, after further persuasion by Mr. Greenberg, presentation of the report of the “False Confession” expert and research of Virginia Law regarding this issue, the District Attorney dismissed all Counts of the Indictment, allowed the Defendant to plead “guilty” to a Misdemeanor and receive one year of “unsupervised probation”. Once again, an immediate investigation, devotion to our client, and knowledge of the law, prevented a client of Addabbo and Greenberg from receiving a life sentence in prison. If you need help in New York or elsewhere, call attorney Todd Greenberg (718) 268-0400.
An incriminating statement by a motorist who was arrested for DWI was “Suppressed” and the District Attorney of Suffolk County is barred from using the statement at trial. A good lawyer knows the law and how to cross-examine a witness. A great lawyer knows when to say nothing and rest on the weakness on the evidence presented by the District Attorney. That is exactly what happened when attorney Todd Greenberg did not cross-examine the arresting officer in a drunk driving case during a pretrial hearing involving the voluntariness of the statement. The motorist allegedly told the arresting officer, after being stopped, that “I had two beers and a red bull with Hennessey”. At the Huntley/Dunaway Hearing, the District Attorney meticulously took the arresting officer through the facts to show probable cause. However, the District Attorney never elicited the statement for which the Defendant was given Criminal Procedural Law §710.30 Notice, but elicited an entirely different statement. Instead of cross examining the officer to allow him to correct himself, criminal defense attorney Todd Greenberg decided not to ask any questions and argued to the Suffolk County District Court Judge that the District Attorney failed to meet the Burden of Proof at this Hearing. MOTION GRANTED! The Judge ruled in the Defendant’s favor, suppressing the alleged statement, giving the Defendant an extremely better chance to prevail at trial. Extensive knowledge of the law by the attorneys at Addabbo and Greenberg once again resulted in an extremely favorable result. For the best results possible in your unfortunate situation, contact Criminal Defense Attorney Todd Greenberg.
06/06/2014 “Bombshell Pot Defense” results in Deadlocked Jury with regard to Aggravated Vehicular Homicide charge and all related charges in Southern State crash that resulted in four deaths
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.
A Queens County Jury returned a “Not Guilty” verdict on Assault First Degree, charges and all lesser offenses against a Defendant charged with hitting another patron of a club over the head with a champagne bottle. Despite the fact that the injuries were severe, Queens Criminal Attorney Todd D. Greenberg mounted a self-defense defense along with the mitigating circumstance that the Defendant was intoxicated and could not form intent to injure. After a three-week trial which involved several witnesses, including police officers, bouncers, and a video tape, the Jury returned a verdict of “Not Guilty” of all counts. Once again, dedication, knowledge of the law and hard work resulted in a jury acquittal for Queens Criminal attorney Todd D. Greenberg’s client. For the best possible results, call Addabbo and Greenberg.
03/05/2013 Driver Found “NOT GUILTY” Of Aggravated Vehicular Homicide And All Related Intoxication Charges
After a one month Jury Trial in Brooklyn that presented expert toxicology testimony by the District Attorney, attorney Todd Greenberg’s client was found “NOT GUILTY” of Aggravated Vehicular Homicide and all Intoxicated related charges. It was alleged that the Defendant, after consuming one 23oz. can of Four Loko (equal to between 4 to 6 beers), sped down Ocean Avenue at 65 miles per hour while drag racing with two other cars, passing red lights, and causing a fatality and a serious physical injury to his passenger. The cross-examination of the prosecutions’ expert by Mr. Greenberg caused the Jury to totally disregard the Toxicologist’s testimony that at the time of the accident the Defendant’s Blood Alcohol Concentration was between 0.08% and 0.09% and that he was Intoxicated. The Jury rejected the Intoxication evidence entirely which was a major victory for the defense. The offer before Trial was eight and one third to twenty-five years which was rejected. Although the Defendant was found “not guilty” of Aggravated Vehicular Homicide and related charges, he was found guilty of recklessly causing the death of another, Manslaughter in the Second Degree. Due to the hard work, knowledge of blood alcohol content issues and the trial skills of defense attorney Todd Greenberg, the Defendant was acquitted of the most serious charges against him and his potential prison sentence was greatly reduced
After years of litigation, on February 19th, 2013, a Justice of the Supreme Court, Queens County, granted Addabbo and Greenberg’s client suppression of a gun found in a draw in his bedroom. At the Probable Cause Hearing, attorney Todd Greenberg argued that the District Attorney failed to present any evidence concerning the information to support a reasonable belief that an offense was committed by this Defendant. Instead, the District Attorney relied on the Doctrine of “Collateral Estoppel” from another case. Supreme Court agreed and since collateral estoppel did not apply, and the People failed to present the necessary evidence, the gun and a statement was suppressed as being obtained in violation of our client’s Constitutional Rights. Once again, knowledge of the Law and skillful brief writing has led to the best result possible for a client of Addabbo and Greenberg.
11/21/2012 Defendant “Not Guilty” Of Kidnapping, Robbery And Assault: Mental Disease And Defect Defense Negated Intent
The Defendant, a 32-year-old female, was acquitted of Kidnapping, Robbery and Assault, all Class B Felonies, but found Guilty of Reckless Endangerment. The District Attorney alleged that the Defendant lured the Complainant into a vehicle, drove him to Manhattan, where he was robbed and assaulted by another person secreted in the vehicle. Queens Criminal defense attorney Todd Greenberg argued that based upon a mental disease and defect the Defendant did not have the intent to kidnap, rob or assault. The plea offer prior to trial was ten years. The Defendant was acquitted of the most serious Felonies and found “guilty” of a Class “D” Felony and subsequently was sentenced to six (6) months incarceration and probation. Once again, with preparation, diligence and knowledge of the defense of mental disease or defect, Attorney Todd Greenberg helped his client present the complicated facts of her case which led to an acquittal of the most serious charges.
07/23/2012 Enterprise Corruption Charges In Multimillion Dollar Offshore Sports Betting Operation Dismissed Against Attorney Todd Greenberg’s Client
The Defendant, the alleged bookmaker head of a Criminal Gambling Enterprise, was indicted for Enterprise Corruption and Money Laundering, accused of participating in a multimillion-dollar offshore sports betting operation. The Indictment, filed in Queens County, alleged that the Defendant and twenty-nine co-conspirators unlawfully operated a sports betting enterprise that stretched from Queens County to Nevada and from Rochester to Florida. After hiring two other attorneys who advised the Defendant to Plead Guilty to a Felony with a Jail Term, the Defendant hired Todd D. Greenberg, Esq. to represent him. Immediately, extensive motion practice began and Mr. Greenberg argued that the Queens County Court lack jurisdiction over his client who never even stepped foot into Queens County and was not “acting in concert” with any of the other co-conspirators. During the extensive Motion Practice, a plea bargain was reached and the Enterprise Corruption charge, which carried twenty-five years in jail, was dismissed and Mr. Greenberg’s client was permitted to plead guilty to a “Class A” Misdemeanor, and was sentenced to a conditional discharge. There was also a forfeiture of the sum of the monies seized. Instead of facing a serious jail term and a Felony conviction, all Felonies were dismissed and the case was resolved with a Misdemeanor plea. Based on Mr. Greenberg’s extensive knowledge of the law and persistence in fighting for his client, the best result was achieved.
On May 18th, 2012, the United States Attorney for the Southern District of Florida dismissed a 15 Count Indictment against Attorney Todd Greenberg’ s client which charged her with Importation and Distribution of Counterfeit Goods including baseball hats, toothpaste, clothing and various other items. Criminal Defense Attorney Todd Greenberg maintained that his client had no knowledge, and did not participate in, the conspiracy. Extensive motion practice led the US Attorney to agree to a plea to a Misdemeanor charge resulting in dismissal of the entire Indictment. On May 18th, 2012, Mr. Greenberg’s client was sentenced to twelve (12) months of probation instead of facing up to twenty (20) years imprisonment. A co-defendant was sentenced to a prison term, which Mr. Greenberg was able to avoid for his client. Additionally, Mr. Greenberg’s client, would have faced deportation charges if convicted of a felony. Once again knowledge of the law and diligent representation has led to the dismissal of all felony charges against Criminal Defense Attorney Todd Greenberg’s client and avoided the client’s deportation.
On April 9, 2012, a Queens business owner was found “NOT GUILTY” of all charges after trial. The Defendant was charged with Felony assault wherein it was alleged that he and a foreman physically beat a worker and then commanded a dog to bite the worker. Underlying the criminal case was an allegation by this particular employee and other employees who filed a Federal civil suit against the Queens contractor regarding unpaid wages. Criminal attorney Todd Greenberg was able to establish that the alleged victim lied in prior proceedings, had memory issues and, most important, that the scenario as stated by the witness was simply impossible to have occurred. Once again, the best result possible was obtained by assault attorney Todd Greenberg based on his research, knowledge of the law and trial preparation.
On February 1 st, 2012 our client was found “Not Guilty” of Endangering the Welfare of a Child, Menacing and Criminal Possession of a Weapon. The Defendant was arrested and charged in an ongoing dispute with his neighbor with having a verbal argument, then brandishing a machete and threatening to kill his neighbor’s daughter, the fifteen-year-old complainant. Even though the District Attorney presented four eyewitnesses, during Cross Examination, Criminal Defense Attorney Todd Greenberg was able to show inconsistencies between each witness’s testimony which led the Trial Judge to doubt the credibility of the witnesses. Once again, a falsely accused client of Addabbo and Greenberg has been found “Not Guilty” of all criminal charges.
After a four year legal battle conducted by New York Criminal Law Attorney Todd D. Greenberg, all criminal charges have been dismissed against a Winthrop University Hospital Medical Technician accused of fondling three patients. The case is an attestation to the diligence and persistence of New York Criminal Attorney Todd D. Greenberg, which included two Jury Trials and a reversal by the Appellate Division and, finally, a dismissal of the single remaining charge by the Nassau County District Attorney on the eve of a third Trial. On October 18, 2011, Supreme Court Justice William C. Donnino granted an Adjournment in Contemplation of Dismissal to the remaining charge of Sexual Abuse which means that the case will be dismissed and sealed. Once again, knowledge of the law, preparation of the case and a firm believer in the innocence of our client has resulted in the complete exoneration of Todd Greenberg’s client and dismissal of an Indictment.
On April 5th, 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.
The Defendant, eighteen years old when arrested for Driving while Intoxicated, was found “Not Guilty” after Trial on March 24, 2011 in Criminal Court, Queens County. The Defendant was alleged to have been driving approximately 100 miles per hour on Cross Bay Boulevard when he was pulled over by the police after he made an abrupt turn and spun around going in the opposite direction. The Officer, a Captain, testified that the Defendant had a “strong odor of alcohol on his breath, bloodshot eyes and slurred speech.” The Defendant stated he had “one beer.” The strategy of defense attorney Todd Greenberg was to show that the Defendant had full control of his vehicle when he made this maneuver and made the maneuver intentionally. On Cross Examination, the Officer testified that the Defendant was in control of his vehicle when he made the turn and that it was a turn like you would see a “secret service agent” make in an emergency. Although the defendant admitted to having one bottle of beer, Attorney Greenberg successfully argued that the actions of the defendant that night was not reckless driving by a drunk individual, but was reckless driving by a person who intentionally drove his vehicle in that manner. It should be noted that the area where this occurred, Cross Bay Boulevard, has been historically known as a speeding area due to the straight highway and lack of pedestrian traffic. Once again, instead of having a criminal record, knowledge of the law and a prepared presentation resulted in a verdict of “not guilty” for a client of Addabbo and Greenberg. (The defendant was found guilty of speeding)
Due to the tireless and diligent efforts of attorney Dominic L. Addabbo over the course of almost two years, and after numerous court appearances and conferences with the District Attorney’s Office, Mr. Addabbo was able to obtain a plea of not responsible by reason of mental disease or defect, thereby saving our client a potential jail term of up to 25 years in prison. The negotiated plea resulted in our client being placed in a non-secure psychiatric facility under a civil order of commitment with no criminal penalties, an extraordinary outcome for a case of this serious nature. Once again, the expertise of the attorneys at Addabbo and Greenberg in defending persons suffering from a serious mental disease has yielded an extremely positive result, one that will provide our client with rehabilitation and treatment instead of incarceration.
On January 11, 2011, a Brooklyn Jury acquitted the Defendant, a thirty- seven year old man, of the Class C Felony of Criminal Possession of a Gun that was in a car in which he was sitting. The offer prior to trial was seven years incarceration for having a loaded weapon in the car. Without calling any witnesses on his own behalf, and through extensive cross-examination of the police witnesses by Defense Attorney Todd D. Greenberg, it was established that the defendant had a dispute with his girlfriend on the street, which the police saw, and observed the defendant get into the car wherein the police approached the car, asked him to exit and arrested him for Disorderly Conduct. Upon the arrest, the arresting officer stated that he observed the “butt of the gun” sticking out from under the seat and arrested the defendant for the weapons charge. Even though there is a presumption of possession of a gun when in a vehicle under New York Law, Attorney Greenberg successfully argued to the Jury that the Defendant’s presence in the car was only for a “fleeting moment” and there was no evidence that the defendant brought the car to the location or otherwise exercised dominion and control over the car. Instead of taking the offered plea, Mr. Greenberg advised the client to take the case to trial wherein the Jury found, based on Mr. Greenberg’s arguments, that the presumption of possession should not apply in this case and found defendant “not guilty”. Once again, knowledge of the Law and knowledge of the facts has helped a client of Addabbo and Greenberg avoid a serious criminal conviction and jail time.
In a Trial that concluded on October 13 th, 2010, Attorney Todd D. Greenberg obtained an acquittal of a serious assault charge for his client which would have resulted in a mandatory minimum state prison time of three and one half years to a maximum of fifteen years if found guilty. The Defendant and complainant were at a bar and had an argument over a card game. They tussled in the bar and, approximately one hour later, the Defendant was accused of hitting the complainant over the head with a bat in front of the complainant’s house. The Defendant was acquitted of the most serious charge and found guilty of a lesser assault which did not require a mandatory minimum jail term. At sentencing, citing the well prepared pre-sentence memorandum submitted by the defense, instead of the Defendant receiving three and one half years in prison, the Defendant was sentenced to 364 days in prison of which he will serve approximately 7 months. Significantly, Attorney Greenberg was able to persuade the Judge to sentence the Defendant to 364 days instead of one year which would affect the Defendant’s immigration status in the United States. Since the sentence is less than one year, the Defendant is not automatically deportable due to the conviction. Once again, knowledge of the Criminal Law and knowledge of the Immigration Laws helped Addabbo and Greenberg’s client avoid a lengthy prison sentence and deportation.
The Defendant, a college student who recently received an Honorable Discharge from the Army, was at a gathering on April 15, 2010 in the home of a female friend with approximately ten other young persons in New York City. After several drinks, one of the women began to act in a very seductive manner towards the Defendant. After proceeding to a bedroom, the Defendant and woman began kissing and hugging when the woman did not want to go any further and the Defendant stopped his advances. Nevertheless, the woman reported an Attempted Rape and Sexual Abuse in the First Degree, extremely serious offenses. After his arrest, the Defendant retained Addabbo & Greenberg where an immediate investigation ensued. Every person at the party was spoken to, videos from cell phones were obtained and it was determined that the woman, falsely reported a crime to conceal her actions from her boyfriend who arrived at the party at approximately 2:30 a.m. The hard work of Attorneys Todd D. Greenberg resulted in obtaining actual videos from cell phones of the woman’s seductive and obviously drunk behavior. Upon presentation of these facts to the District Attorney’s office of New York County, the District Attorney did a full investigation, and, using the information provided by Addabbo & Greenberg, dismissed this serious Felony case. Further, a request was made of the District Attorney’s office to commence a prosecution against the woman for falsely reporting an incident. The hard work and early investigation of these serious charges by the attorneys of Addabbo & Greenberg resulted in a Dismissal of all charges.
EVIDENCE SUPRESSED BASED ON ILLEGAL SEARCH IN COUNTERFEIT SNEAKER CASE IN BUFFALO FEDERAL COURT. (Decision dated April 21 st, 2010)
In a major legal victory in Federal court in Buffalo, Attorney Todd D. Greenberg, Esq., along with Buffalo Attorney Mark J. Mahoney, Esq., who represented a Co-defendant, obtained suppression of evidence found in a search of Mr. Greenberg’s client’s home, including pictures of Nike sneakers, financial records and approximately $450,000 in cash. Addabbo and Greenberg’s client was charged, along with 22 other alleged co-conspirators, with Trafficking in Counterfeit Goods and Conspiracy. The Indictment alleged that the Conspiracy involved a violation of Nike, Inc. trademarks. It was alleged that Addabbo & Greenberg‘s client, with others, “…devised and engaged in a criminal scheme to traffic in millions of dollars of footwear bearing counterfeit Nike marks.” An arrest warrant was issued from the Federal Court in Buffalo and our client was arrested in his home in Flushing. During the search, Federal agents recovered photos of Nike sneakers, financial records and $450,000 in cash. The Government argued that the seizure was lawful under the “plain view” doctrine, which states, in substance, that if the police are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant. After extensive pretrial hearings in Buffalo, the court found, as argued by Attorney Todd. D. Greenberg, Esq., that the agents had no reason to be in those portions of the apartment from which the items were seized because they arrested the defendant at his doorway. Further, with regard to the “plain view” argument by the Government, the Court noted that this alleged “plain view” seizure, where the incriminating nature of the items must be “immediately apparent”, took two hours, as established during Mr. Greenberg’s cross examination of the Federal Agent. Under such circumstances, the Government could not sustain its burden of establishing that the incriminating nature of the items were “immediately apparent”. It should be noted that 18 of the other defendants pleaded guilty and now, after the granting of this suppression motion, Mr. Greenberg’s client stands a good chance of a dismissal of the case. (Note: This decision was rendered by a Magistrate-Judge and must be confirmed by The District Court Judge.; Mr. Greenberg was joined on The Brief by Jonathan Edelstein, Esq.)
In the midst of a re-trial of a case that resulted in a hung jury, all felony charges were dismissed against the Defendant, a Vascular Technologist with Winthrop Hospital, based upon the extensive legal research and arguments made by Criminal Defense Attorney Todd. D. Greenberg. The Defendant was charged with three counts of a Criminal Sexual Act. It was alleged that he had oral sex with three patients while he was performing a sonogram. The pivotal issue in the case was whether the Defendant was a “Healthcare Provider”, as defined in the Penal Law of the State of New York, wherein there could be no consent between adults in that setting. After extensive legal research regarding case law and the legislative history of the term “Healthcare Provider”, and after several motions, a previous trial, and a trip to the Appellate Division, a Nassau County Judge agreed with the Defense that the Defendant was not, as a matter of law, a “Healthcare Provider”, which is defined as a person who practices medicine by either diagnosing, testing, operating, or prescribing. As a result of the persistence of Criminal Defense Attorney Todd D. Greenberg, all felony charges were dismissed.
On May 22nd 2009, the Defendant, who pled guilty to distributing 50 grams or more of cocaine base (crack cocaine), received what a Federal Judge called a “lenient” sentence based upon arguments made by Attorney Todd D. Greenberg at Sentencing. The Defendant, pursuant to the United States Sentencing Guidelines, faced a sentence range of 70 to 87 months. In a Pre-Sentence Memorandum, Mr. Greenberg pointed out to the Court that on April 29th, 2009, at a United States Senate Hearing entitled “RESTORING FAIRNESS TO FEDERAL SENTENCING: ADDRESSING THE CRACK-POWDER SENTENCING DISPARITY”, an Assistant Attorney General stated that the sentencing disparity (a person selling crack cocaine would receive the same mandatory minimum sentence as someone selling a hundred times as much powder cocaine) was “difficult to justify based on the facts and science, including evidence that crack is not an inherently more addictive substance than powder cocaine.” Further, it was pointed out to the Judge that a review of the legislative history behind the adoption of the 100 to 1 ratio was that Congress sought to focus the five and ten year mandatory minimum penalties on “serious” and “major” traffickers, those responsible for delivering very large quantity of drugs. During sentencing, Mr. Greenberg argued that this Defendant was not a major trafficker and that fairness in drug sentencing, based upon the Justice Department April 29th, 2009 statement, would require a substantially less prison term than the Guideline range. The Federal Judge agreed and sentenced the Defendant to one year and one day instead of a minimum sentence of 5 years and 10 months. By being up to date on current events occurring in the United States Senate regarding Hearings on Crime and Drugs, the Attorneys at Addabbo & Greenberg were able to bring the most current legal argument before the sentencing Judge which resulted in a substantially less jail sentence.
The 2009 vigorous trial defense of a 15 year old boy charged with intentional murder in Nassau County which resulted in a jury that was ‘hopelessly deadlocked’ which thereafter resulted in a favorable disposition.
Boy, 15, charged in Roosevelt murder
BY MATTHEW CHAYES
A 15-year-old boy from Roosevelt — a reputed member of the Crips street gang — was arraigned Thursday on a murder charge in the death of a rival from the Bloods, according to court records and Nassau County police.
Cody Hernandez is accused of shooting Lord Carter with a .25-caliber handgun, striking him in the stomach and left thigh, according to a felony complaint.
At the arraignment hearing Thursday, a judge ordered Hernandez jailed without bail. He is charged as an adult with second-degree murder.
The police said a witness saw the two arguing June 21 at East Fulton Avenue and Scherer Place in Roosevelt just before Hernandez fired around 11:15 p.m., then ran away.
And the day before, the two had a dispute in Centennial Park in Roosevelt, said homicide Det. Sgt. Richard Laursen of the Nassau police.
“There was some personal animosity between the two,” Laursen said. “Without a gun, it would have just been a dispute.”
The murder weapon has not been recovered, Laursen said.
Just before his latest arrest, Hernandez had been in a juvenile jail for violation of probation stemming from a criminal case in family court, according to records. Citing the confidentiality of juvenile court records, a Nassau police spokesman refused to detail Hernandez’s previous crime.
Hernandez pleaded not guilty at his arraignment at First District Court in Hempstead, said his attorney, Dominic L. Addabbo of Forest Hills. Addabbo said he would not comment on the merits of the case. Hernandez is due back in court next week. Addabbo said he and his client are deciding whether Hernandez should testify before a grand jury.
No one answered the door at the home where records say Hernandez lives.
A neighbor who refused to give his name called the teen’s arrest “shocking” and “a tragedy for the family.”
Asked about the arrest, Carter’s girlfriend, Aleyah Cust, 19, said, “It’s a big weight off my shoulders. I’d rather him be arrested than in the streets.”
Staff writers Laura Rivera and Michelle Trauring contributed to this story.
Queens Man Accused Of Attacking Cop Permitted To Enter Plea Of Not Responsible By Reason Of Mental Defect
A Queens’ man charged with attempted murder for trying to stab a Police Officer with a steak knife was permitted to enter a plea of Not Responsible By Reason Of Mental Disease and Defect to an Indictment that charged Attempted Murder and related charges, thereby avoiding a lengthy prison sentence. In March 2007, the Defendant, outside St. Helen’s Church on 88th Street and 157th Avenue in Queens, swung a knife at Police Officer Stuart Ingram, which hit the Officer’s Tin Shield and shattered, thereby saving his life. The family retained Queens Attorney Todd Greenberg, who, after investigation, along with Defense Psychiatrist, determined that the Defendant was in the midst of a “psychotic incident” and believed he was fending off attackers of the Church. “He believed he was under attack by three thugs” and “then was acting out in self defense” Greenberg stated to Newsday on March 4, 2007. The Defense was able to persuade the Queens District Attorney’s Office, who also conducted independent psychiatric evaluations, that the Defendant was mentally ill and not criminally responsible because of that mental illness for the criminal acts. The Defendant will be hospitalized in a secured facility for six months and thereafter reviewed every two years to determine his mental capacities. The Attorneys of Addabbo & Greenberg were able to establish that the Defendant’s mental disease caused his actions and that he had no “intent” to hurt the Police Officer. Instead of a lengthy prison term, the Defendant will receive counseling and care at a State Psychiatric Facility.
On February 25, 2009, after three days of deliberation, the Jury in a three week Murder trial being held in Nassau County stated they were “hopelessly deadlocked” in a case that arose from an alleged gang shooting. The Defendant, 15 years old at the time, was accused with shooting, at point blank range, a member of a rival gang in front of witnesses. Attorney Todd D. Greenberg challenged the credibility and the reliability of the witnesses, some of whom were at a Barbecue and admittedly had many drinks. A date for retrial has yet to be determined.
It was alleged that the Defendant, a Captain in the Emergency Services Unit of the NYC Department of Corrections, assaulted the complainant during a fellow corrections officer’s retirement party, causing him serious physical injuries. Attorney Dominic L. Addabbo was convinced that the Defendant acted in self-defense and had his private investigator obtain statements from several eye-witnesses to support this defense. The District Attorney refused to drop the charges as Mr. Addabbo demanded, and the District Attorney proceeded to present the case to the Grand Jury. Mr. Addabbo promptly arranged for the defense witnesses to appear before the Grand Jury. Based upon the sound advice and counsel the Defendant received from Mr. Addabbo, the Defendant himself also testified at the Grand Jury session. That strategy proved to be most effective, and as a result, the Grand Jury voted not to indict the Defendant. All charges against the Captain were dismissed and the records were sealed accordingly. The Captain was completely restored by the Department of Corrections to the position of trust he held before this incident.
The Defendant, charged with Murder, was in Court on October 17, 2008 wherein the District Attorney dismissed Two Counts of Murder (Intentional Murder and Depraved Indifference Murder) against him.
The case, as reported in the New York Daily News, on Saturday, December 3, 2005, alleged that the Defendant shot and killed another, a Computer Programmer, because he tried to bum a cigarette from him. Extensive pre-trial Hearings were held wherein Attorney Todd D. Greenberg alleged that a videotape statement obtained by the Defendant was not “voluntarily” made and was obtained in violation of the Defendant’s Constitutional rights. Although the presiding Justice denied the Motion, Attorney Greenberg was of the opinion that the argument was extremely viable and could be argued in front of the Jury as well as on an Appeal if necessary. Immediately prior to trial, a Plea Bargain was reached wherein the Murder charges were dismissed and the Defendant pled guilty to Criminal Possession of a Weapon in the Second Degree and was sentenced to 10 years imprisonment, of which he already served 3 years.
On July 2, 2008, after a trial that spanned approximately two weeks a Queens Family Court Judge acquitted a 15-year old teen of Robbery and Assault charges. The Juvenile allegedly committed the robbery on February 8, 2008 when he, and at least nine other persons, approached the Complainant, assaulted him and took his cell phone. Attorney Todd Greenberg argued a classic mis-identification case. Cross-examination of the Complainant, as well as an alleged eye-witness Security Guard, established that the Security Guard actually never saw the robbery and the Complainant saw the Juvenile, not at the time of the robbery, but shortly thereafter and only saw the side of the Juvenile’s face. Further cross-examination revealed that the perpetrators of the crime were wearing “Hoodies” which would further hinder any identification. At the end of the case the Queens Family Court Judge complemented Mr. Greenberg for his presentation and defense of the Juvenile in this case. All charges were dismissed and the Juvenile released from custody. A co-defendant pled guilty prior to trial.
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.
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.
In the midst of trial, Judge Scarano granted Todd Greenberg’s motion to dismiss a 291 count indictment against his client, Mario Sclafani, the clerk of scales for the New York Racing Association. In granting the motion, Mr. Greenberg proved to the court that the methodology used by the investigators was terribly flawed and inaccurate.
Our firm was retained to represent a Defendant who was charged and arrested on five separate occasions with either assaulting and/or harassing the Complainant, who was a fellow-member of Alcohol Anonymous. Our client denied the charges. There was an on-going feud between the parties and the District Attorney was adamant in its prosecution. When the case was finally marked for trial, the People were not ready on five separate occasions even though they previously stated they were ready to satisfy the statutory requirements. Attorney Todd Greenberg argued that even though the District Attorney’s stated their readiness in open court to satisfy statutory requirements, the statement was illusory, in that the People were not actually or really ready to proceed. On November 15, 2007, all charges were dismissed against out client, the Defendant and the record sealed.
Our client charged with Assault and Reckless Endangerment of a New York City Police Officer was acquitted of all charges in a jury trial.
On January 22, 2007, a Queens County Jury acquitted the Defendant, our client, of all charges of Assault and Reckless Endangerment. After the acquittal, his record was permanently sealed. The incident arose from a Traffic Incident where an off duty Police Officer claimed that the Defendant assaulted him by punching him in the face. Attorney Todd Greenberg argued that the credibility of the police Officer was at issue based on prior inconsistent statements and a forgetful memory. The Defendant testified that it was the Police Officer who acted aggressively and that the Defendant acted in self-defense. The Judge charged the jury regarding the law of self-defense and the Defendant was thereafter acquitted of all charges.
Todd Greenberg successfully convinces Queens jury to find his client Not Guilty of Domestic Violence Assault Charges
On Friday, July 21, 2006, a jury returned a not guilty verdict of all criminal charges against our client, who was accused of assaulting his wife by holding her arm on a burning stove for three minutes. The case was heard in the Domestic Violence Part of the Queens Criminal Court, Judge Harrington president with a jury. Defense attorney Todd Greenberg proffered that the parties, in the midst of a divorce, were quarrelling when the Defendant pushed his wife who accidentally stumbled on to the stove causing the burn injuries. The Prosecution argued that the burning was intentional and that our client actually held his wife’s arm on the stove. We seriously questioned the credibility of the complaining witness and the jury stated after the verdict that the wittiness’s credibility was, indeed, an issue.
Successful jury acquittal for our client charged with endangering the welfare of a child and sexual abuse in the second degree.
On February 10, 2006, our client was acquitted by a jury of endangering the welfare of a child and sexual abuse in the second degree. Our client’s 16 year old niece alleged that the Defendant improperly touched her breast and vagina on two occasions while she was home alone with the Defendant. The evidence revealed that the allegations were made on the same date that the Complainant’s other received a letter from Complainant’s school that she was cutting class and being suspended. Defense attorney Todd Greenberg seriously questioned the Complainant’s credibility for not coming forward with the allegations prior to that time and the jury found that her credibility was a serious issue. Additionally, the Complainant claimed that the trauma kept her out of school for 13 days during March, April and May of 2004. Attorney Greenberg subpoenaed records from John Adams High School and introduced into evidence that 9 of those 13 days occurred on a Friday. After deliberating for about two hours, the jury acquitted our client.
Our client, a Queens Catholic School Administrator was charged with sexual abuse endangering the welfare of a child. Defense attorney Todd D. Greenberg was successful in raising sufficient credibility issues with the complainant and the jury acquitted our client of the charges.