Criminal Defense Case Results

Below you will see some our of results for our various who had cases pending in the various courts on Long Island and in New York City. Our firm is not a single county practice, and we pride ourselves on representing clients in many different criminal courts all over the State of New York. We have defended clients in the counties of Suffolk, Nassau, Kings, Queens, Manhattan, Westchester, and Rockland. We will also appear in Dutchess, Orange and Sullivan counties to defend a client charged with a crime.

ACD Application Granted in Forged Instrument Case in Manhattan Criminal Court

April 2022
Court

New York City Criminal Court, Manhattan 

100 Centre Street

Charges

Penal Law 170.20 - Criminal Possession of a Forged Instrument in the Third Degree.

Facts

Our client received three different desk appearance tickets for criminal possession of a forged instrument while driving a vehicle in Manhattan. Our client was caught up in the paper license plate crack down that has seen an uptick in police enforcement over the past 6-8 months.


Our client was also a resident of Florida.

Results

We appear at the DAT part in the Manhattan Criminal Court. Since our client lived in the State of Florida, we obtained an affidavit to proceed in his absence.


The court granted our request to adjourn the case in contemplation of dismissal, and the charges will be dismissed at a future date. 


The client was thrilled that he did not have to fly up from Florida or miss time from work to resolve these matters. 

Ancient Misdemeanor Scoff Vacated and Reduced to Parking Ticket in Suffolk County

March 2022
Court

District Court, County of Suffolk, Central Islip

Charges

Vehicle and Traffic Law 511(a)(2) - aggravated unlicensed operation of a motor vehicle.

Facts

Our client received a traffic infraction in September 2010 charging unlicensed operation of a motor vehicle. The client was declared a Scofflaw when he failed to appear in court.

Results

11 years later, we assist the client is releasing the Scofflaw, answering the charges, and reaching a disposition with the District Attorney's office where the misdemeanor was reduced to a parking ticket with a $50 fine.


The client also gave us written authorization to accept the parking ticket on his behalf, so the client did not have to miss a day of work to handle the ticket.

Aggravated Harassment Charges Dismissed in Suffolk County in the Interest of Justice

November 2021
Court

District Court, County of Suffolk - First District Central Islip

Charges

New York Penal Law 240.30(2) - Aggravated Harassment in the Second Degree.

Facts

Our client was charged with aggravated harassment. The Suffolk County District Attorney's office refused to offer a reduction, and wanted our client to plead guilty to the misdemeanor. After thoroughly examining the discovery materials, we realized that the accusatory instrument was faulty and had technical defects. As a result, we made a motion to the court seeking to have the complaint tossed.

Results

The Suffolk DA's office did not even oppose the motion. Thus, a case where they were seeking a misdemeanor conviction was dismissed completely.

Equipment Violations and HUT Sticker Ticket Reduced in Queens County SAP Part

October 2021
Court

Queens County Criminal Court - Summons Part

Charges

Six Counts TL 140

1 Count of Tax Law 1815 - Missing Highway Use Tax

Facts

Our client was a New Jersey Corporation that operated a distribution business in the tri-state area. The client had a vehicle that had numerous safety violations, and they also did not have a Highway Use Tax sticker for the vehicle. 


The client provided proof that it repaird all the violations, and those tickets for equipment violations were dismissed.


As far as the HUT Sticker, the client was unaware that it needed the required sticker.

Results

That charge was reduced to a violation of NYC Administrative Code 10-179 (disorderly behavior) with a fine of $150. The client paid that fine online the same afternoon.

Criminal Mischief Charges Dismissed Under Speedy Trial Law in Nassau County

September 2021
Court

District Court, County of Nassau - First District Hempstead

Charges

New York Penal Law 145.00(1) criminal mischief in the fourth degree.

New York Penal Law 260.10(1) - endangering the welfare of a child. 

Facts

Our client was arrested by the Nassau County Police Department on various charges. Our client maintained innocence the entire time. Our office never provided waivers of the right to a speedy trial or to receive discovery under CPL 30.30 and 245.20. The People were not able to certify their case as ready for trial within 90 days of the arraignment, and the court granted our application to dismiss the case under speedy trial grounds.

Results

Both charges were dismissed and the temporary order of protection that was issued at arraignment was vacated. 

Petit Larceny Charges Dismissed Because of Speedy Trial Violation in Suffolk County

September 2021
Court

District Court, County of Suffolk - First District Central Islip

Charges

New York Penal Law 240.30(2) - Aggravated Harassment in the Second Degree.

Facts

Our client was charged with stealing money from a cash register of her employer. The client hired our firm and we provided no waivers of her right to speedy trial or discovery under Criminal Procedure Law Art. 245. 

Results

The People did not timely certify their case for trial and we moved to dismiss it, which the People were forced to consent to.

Highway Use Tax Violation Reduced to Jaywalking Infraction in Wawayanda Town Court

August 2021
Court

Wawayanda Town Court, Slate Hill, NY

Charges

Violation of Tax Law 1815 (No Highway Use Tax [HUT] Sticker)

Facts

Client was a brand new business owner who was operating a trucking company. He was unaware that he needed to apply to the NYS Department of Taxation for a HUT sticker, and he was ticketed by the police for not having one.

Results

As a result of our advice and negotiation, the prosecutor agreed to offer a plea to the amended and reduced charge of Vehicle and Traffic Law 1152, which is jaywalking. The court then sentenced our client to a fine of $75. 


Our client, who lived in Queens, was relieved that he did not have to miss time from work to travel to Orange County NY to fight the ticket and was exceptionally pleased with the result. 

Criminal Mischief Charges Dismissed Prior to Arraignment in Queens County Criminal Court

July 2021
Court

Criminal Court of the City of New York, County of Queens

Charges

New York Penal Law 145.00(1) criminal mischief in the fourth degree.

Facts

Our client was arrested by a detective from the 105th precinct for allegedly breaking the windows of a car that he owned. This, of course, is not a crime in New York. A person is allowed to destroy their own property. The complainant was our client's ex-girlfriend. I was able to heavily negotiate this matter with the Queens DA Intake Bureau and the complaining witness herself and this matter was 343'd. Or stated differently, the Queens County District Attorney's Office decided not to prosecute or pursue charges. 

Results

No charges were ever filed against our client, and our client was not arraigned on this matter before a judge. Our client was released from custody the very same day. It is important to remember that this result is not typical. Our firm has over 10 years combined experience with criminal defense and this was the first time we ever had charges dismissed before an arraignment. Prior results of course do not guarantee a similar outcome in any future cases. 

Speeding Ticket Reduced to No Point Violation in Yonkers

September 2020
Court

Yonkers City Court, Westchester New York

Charges

Violation of Vehicle and Traffic Law 1180(D) for driving 81 mph in a 55 mph speed zone.

Facts

Client was pulled over by a New York State Trooper on in the City of Yonkers, Westchester County for an alleged speed of 81mph in a 55mph zone. Has been driving for over 10 years without a prior moving violation or any points on their license.

Results

Ticket was reduced down to a violation of VTL 1101 (which does not carry points, and will not even show up on a driving record abstract) and a fine of $160.

Client's Response

"[My friend] told me the awesome news, thank you for all your help, I really appreciate it!"

- T.M. 

Petit Larceny Charges Dismissed in Manhattan

July 2020
Court

New York City Criminal Court - New York County (Manhattan)

Charges

In this case, our client was accused of shop lifting from a popular Manhattan retail store. Our client was charged in New York City with a violation of Penal Law Section 155.25, which is a Class A Misdemeanor.

Client's Response

"David was a terrific lawyer. He went above and beyond to make sure everything went smoothly. He was attentive, detail oriented and professional. I felt always in great hands. I would definitely recommend him to anyone seeking legal help."

- M.D.

Results

After negotiating with the Assistant District Attorney assigned to this case, we were able to successfully have the case dismissed.


To receive the dismissal offer, the client was required to do community service. Due to the COVID-19 Pandemic, I successfully made a motion to the Court that the community service be done privately and remotely. Over objection from the District Attorney's office, the judge granted my motion and allowed the community service to be completed privately for a non-profit company.

Fugitive Complaint Dismissed - Felony Warrant Hold Released in Suffolk County

June 2020
Court

Suffolk County District Court - Central Islip

Facts

In this case, my client had an interaction with the police and was arrested on a felony warrant from out of state. The sister state told the arresting officers in New York that they were going to extradite my client across the United States, during a pandemic. Upon the arraignment of the fugitive complaint, we decided to call the foreign state's bluff and waive extradition to that state immediately.

Results

By the end of the day, the warrant hold was dropped and our client was released. 

Trucking Violation (Missing HUT Sticker) Reduced to Parking Ticket in Suffolk County

December 2019
Court

Suffolk County District Court - Central Islip

Charges

My client was driving a company owned truck for his employer, a general contractor, who did not have a Highway Use Tax Sticker (HUT) for his vehicle. My client was pulled over an issued a ticket for violation of New York Tax Law 1815. 

Facts

I appeared for my client on a Friday morning when he had to be at work. With permission of the corporation, I made a motion to substitute the corporation as a defendant instead of the employee. After showing the prosecutor that the corporation promptly applied for the HUT sticker with the New York State Department of Taxation, the Prosecution agreed to offer a plea to the reduced charge of VTL 1202(b), a parking violation with a $125 fine and surcharge imposed.


Both my individual client, and the corporate client, were happy that they did not have to miss a day of work or disrupt business operations to spend a day in the Criminal Court fighting a ticket. 

Charges
Court

Violation of Vehicle and Traffic Law 1180(D) for driving 81 mph in a 55 mph speed zone.

"[My friend] told me the awesome news, thank you for all your help, I really appreciate it!"

- T.M. 

Client's Response

Ticket was reduced down to a violation of VTL 1101 (which does not carry points, and will not even show up on a driving record abstract) and a fine of $160.

New Paragraph

Client was pulled over by a New York State Trooper on in the City of Yonkers, Westchester County for an alleged speed of 81mph in a 55mph zone. Has been driving for over 10 years without a prior moving violation or any points on their license.

Yonkers City Court, Westchester New York

Results
Facts
September 2020

Speeding Ticket Reduced to No Point Violation in Yonkers

Speeding Ticket Reduced to a Parking Violation in Great Neck Estates Village Court

November 2019
Court

Great Neck Estates Village Court

Charges

My client was ticketed for driving 15 miles per hour over the speed limit in Great Neck Village.

Results

I negotiated with the Great Neck prosecutor for a knock down to a parking ticket and a fine with no points.

Facts

My client received a notice to appear at a pretrial conference in the Great Neck Estates Village Court in Nassau County. This appearance was scheduled at 6 p.m. on a work night. My client lived in western Suffolk County and did not want to miss work or be stuck in traffic. She retained our office to handle the appearance for her. I negotiated with the Great Neck prosecutor for a knock down to a parking ticket and a fine with no points.

Dismissal of Drug Possession Charges in Suffolk County

June 2019
Court

Suffolk County District Court - Central Islip

Charges

In this case, our client was charged with criminal possession of a controlled substance in the 7th degree.

Results

After the case languished for about 8 months, the accused hired the firm for representation. After negotiation with the Suffolk County District Attorney's Office, the matter was dismissed against my client in the interest of justice. 

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