Case Results

February 2024

People v. Mario R. – ACOD

Charges: Class A Misdemeanor – Assault 3 – Physical Injury.
Outcome: ACOD – Adjournment in Contemplation of Dismissal with Sealing

People v. Evan S. – DISMISSED

Charges: Harassment
Outcome: Dismissed after Application for Dismissal pursuant to 30.30 Speedy Trial

January 2024

People v. S.R. – Reduced Charge To A Non-Criminal Violation

Charges: Loitering unlawful use cont. sub; Criminal Poss. Controlled Substance
Outcome: Pled to a non-criminal violation of disorderly conduct on 1 of the counts with remaining counts dismissed.

People v. April W. – ACOD and Vacatur of OP

Charges: Criminal Contempt 2nd
Outcome: Adjourned in Contemplation of Dismissal, Order of Protection Vacated.

People v. Justin O. – reduced to non-criminal violation of Disorderly Conduct

Charges: Criminal Contempt 2nd
Outcome: reduced to non-criminal violation of Disorderly Conduct, conditional discharge and fine.

December 2023

People v. Michael D. – DISMISSED

Charges: A Misdemeanor – Criminal Contempt 2nd
Outcome: Dismissed after Application for Dismissal pursuant to 30.30 Speedy Trial

People v. Tonny S. – Probation Sentence

Charges: Multiple Criminal Contempt Charges, Obstruction of Governmental Administration and Resisting Arrest Charge
Outcome: Client received 3 years’ probation in lieu of 364 days in Jail

Client allegedly committed several acts of criminal contempt, obstructed governmental administration during police encounters and then allegedly resisted a lawful arrest. Prosecution recommended 364 days incarceration given the client’s past criminal history consisting of felony and misdemeanor convictions. With negotiations and submission of mitigating factors related to this client was able to secure non-jail sentence of 3 years’ probation allowing the client to remain at liberty.

November 2023

People v. Malal S. – Reduced FELONY Charge to A Non-Criminal Violation for a Fine

Charges: Grand Larceny 4th and Menancing 2nd ;
Outcome: Pled to a non-criminal violation of disorderly conduct on 1 of the counts with remaining felony and misdemeanor counts dismissed.

People v. Joshua C. – ACOD 6 months Vacatur of Order of Protection

Charges: Harassment
Outcome: ACOD and vacatur of Order of Protection

October 2023

People v. Corey A. – Conditional Discharge Plea WITHOUT Jail or Probation

Charges: Class A Misdemeanor – Endangering Welfare of A Child.
Outcome: offer was a year of jail given defendants history which included a 31 page rapsheet, 2 felony, 12 misdemeanors, 1 probation revocation and 2 parole revocations.

After EXTENSIVE negotiations and work on this file was able to secure a Conditional Discharge (no jail / no probation.) Plea included a Refrain From Order of Protection.

People v. Michael A. – Reduced Charge to A Non-Criminal Violation

Charges: Aggravated Harassment 2nd degree
Outcome: Conditional Discharge reduced to non-criminal violation -harassment.

People v. Sh B. – ACOD

Charges: Class A misdemeanor petit larceny
Outcome: ACOD (Adjournment in contemplation of dismissal) after Stoplift Class

People v. Matthew H. – Conditional Discharge Plea Without Jail or Probation

Charges: Class A misdemeanor for Criminal Contempt 2 nd
Outcome: Pled guilty and received a conditional discharge without Jail or Probation.

Prosecution would not move from a 60/3 split (60 days imprisonment and 3 years probation) given the Client’s prior criminal history of 25 pgs which consisted of 3 felony convictions (1 violent), 8 misdemeanors, 1 parole and 1 probation revocation. Client was a new father, supporting his family with gainful employment and successfully re-entering society. After submission of mitigation package to Prosecution was able to successfully negotiate a plea which did not include jail or probation for this client.

People v. Elizabeth M.

Charges: 2 counts Class A misdemeanor for criminal contempt 2nd
Outcome: ACOD (Adjournment in contemplation of dismissal) vacate Stay Away Order of Protection

September 2023

People v. Marco A. – VIOLATION

Charges: Class A Misdemeanor – Crim. Mischief w/intent damage property.
Outcome: disposed of with a non-criminal violation of disorderly conduct $250 fine.

S.E. and S.E. – ACOD and Vacatur of Order of Protections.

Charges: Class A Misdemeanor and Violation
Outcome: Aggravated harassment and harassment

Mother and daughter falsely accused of aggravated harassment 2nd and harassment stemming from a custody dispute in family court. Able to adjourn both cases in contemplation of dismissal for 4 months and vacate stay away order of protections.

July 2023

People v. Robert M. – ACOD

Charges: Class A Misdemeanor Criminal Contempt and multiple VTL (Vehicle & Traffic Law) violations.
Outcome: Adjournment in Contemplation of Dismissal

People v. Christian R. – ACOD

Charges: Class A Misdemeanor Criminal Obstruction of Breathing
Outcome: Adjournment in Contemplation of Dismissal

June 2023

People v. Rashien G. – Conditional Discharge Plea WITHOUT Jail or Probation

Charges: Class A Misdemeanor Assault w/ Physical Injury; A Misdemeanor – Criminal Impersonation; and multiple VTL’s: (Agg. Unlicensed Oper; 2 counts Unlicensed operation; Oper w/o Ins; 2 counts failure to return plates; 2 counts registration suspension; oper. w/o insurance; 2 speed violation; equipment violations)
Outcome: pled to 1 misdemeanor (ass. 3) and all remaining counts dismissed in satisfaction.

Prosecution initial offer included 1 year jail, then split sentence of jail and probation, due to client’s criminal history including 3 prior felony convictions (1 violent; 1 firearm; 1 felony) 2 misdemeanors, 1 YO conviction, and a parole revocation. Client did not want to return to jail and was able to successfully provide mitigating circumstances allowing a negotiation involving a plea which did not involve jail time or returning to probation.

May 2023

People v. Carolyn B. – Charges dismissed wrong defendant

Charges: Petit Larceny
Outcome: Application to Dismiss GRANTED – CHARGES DISMISSED Pursuant to 170.40 in the Interest of Justice – wrong defendant – notice of Alibi and Falsely Identified Defendant

People v. Danny P. – Non-Criminal Violation with Fine

Charges: Class A Misdemeanor Endangering the Welfare of A Child
Outcome: Reduced to a non-criminal violation of disorderly conduct with a fine.

People v. Richard P. – ACOD and Vacatur of Order of Protection

Charges: Class A Misdemeanor Criminal Contempt 2nd
Outcome: Adjourned in Contemplation of Dismissal (ACOD)

April 2023

People v. Joseph M. – DECISION REVERSED – NEW HEARING ORDERED

APPEAL WON – Second Department Appellate Division Court ORDERED…that the order is reversed, ON THE LAW, without costs or disbursements, and the MATTER IS REMITTED TO THE SUPREME COURT, NASSAU COUNTY, FOR A NEW HEARING AND A NEW DETERMINATION THEREAFTER, in accordance herewith…

Prior appellate counsel submitted an Anders Brief stating there were no nonfrivolous issues to be addressed and there was no appeal. After review of complete record, developed four legal arguments on the relevant law for appellate review. Appellate Division agreed new hearing warranted and prior order REVERSED and NEW HEARING to be held at the trial level.

People v. David V. – DWI & LEAVING SCENE OF ACCIDENT – DISMISSED

Charges: VTL 1192.3 (03) Operating MV while Intoxicated; VTL 1192.2 Aggravated Dwi – per se; and VTL 600.1A Leaving Scene of Accident.
Outcome: DISMISSED after Motion.

Client was able to obtain his impounded vehicle back from the ADA office, his driving privileges were restored and all charges against client dismissed.

People v. Nicolette B. – ACOD

Charges: PL 240.36 Class B Misdemeanor (Loitering Unlawful Use Controlled Substance and VTL 1163 signal/unsafe
Outcome: ACOD (Adjournment In Contemplation Of Dismissal) 6 mths

Initial offer was 3 years’ probation w/ drug & alcohol conditions based on the alleged drug (fentanyl) possession; Following review of discovery and upcoming pre-trial hearing for unlawful search of vehicle and suppression of involuntary statement – secured a dismissal after 6 mths.

People v. Christopher C. – CHARGES DISMISSED

Charges: 2 counts Class A misdemeanor for criminal contempt 2nd Criminal Mischief – damaging property and prevention of 911 call. Order of Protection put into place jeopardizing client’s future employment endeavors.
Outcome: DISMISSED – Order of Protections VACATED

ADA Refused to vacate or modify the order of protections put into place and wanted criminal conviction on client’s record. Placed both dockets on TRIAL READY calendar – People failed to prosecute case and all counts on dockets dismissed and Orders Vacated.

People v. Ernesto C. – DISMISSED

Charges: 2 counts Class A misdemeanor – Criminal Contempt 2nd                                                                                                                                  Outcome: DISMISSED – Alibi Defense

Through own investigation and use of outside investigator services Defense presented Notice of Alibi. Prosecution continued with case and certified the matter as ready for trial with 365 jail day sentence. Defense refused to plea to charges and prepared the case for Trial. Subsequent to scheduling trial dates and jury selection. Defense made application to DISMISS Charges in the furtherance of justice – Granted. All Orders of Protection Vacated.

March 2023

People v. Junior B. – NOT GUILTY AFTER TRIAL

Charges: A misdemeanor Assault
Outcome: NOT GUILTY
He Said / She Said Trial
Assault with Injury; several days of jury trial w/ medical records – Jury returned verdict of NOT GUILTY

People v. Latasha C. – ACOD

Charges: Disorderly Conduct
Outcome: ACOD (Adjournment in contemplation of dismissal)

Client allegedly fought ex-boyfriend’s new girlfriend while appearing at a family court matter – Order of Protection initially issued was VACATED after disposition of case.

February 2023

People v. Benjamin J. – ACOD

Charges: Class A misdemeanor – Criminal Trespass
Outcome: ACOD (Adjournment in contemplation of dismissal)

January 2023

People v. Jose F. – ACOD & Vacate Order of Protection

Charges: Domestic Violence Case – 2 counts Menacing 3 rd degree (involving a machete) and harassment. 
Outcome: ACOD (Adjournment in contemplation of dismissal) vacate Stay Away Order of Protection

After reciprocal discovery and further investigation of defense counsel’s documentation which were provided the ADA agreed to an ACOD (adjournment in contemplation of dismissal) and the stay away order of protection was dismissed.

People v. Michael T. – DISMISSED

Charges: Domestic Violence Case – Harassment 2 nd / physical contact
Outcome: DISMISSED

Client initially arrested on a harassment 2nd, Prosecution planned to upgrade charges however prior to prosecution submission of upgraded charges to an assault. Moved to dismiss pursuant to 30.30 speedy trial grounds – requested granted by Judge and Charges Dismissed and Order of Protection Vacated.

People v. Natalie N. ACOD – FELONY DOMESTIC VIOLENCE

Charges: Felony Domestic Violence – Criminal Contempt 1 st Degree (E-Felony)
Outcome: ACOD (Adjournment in Contemplation of Dismissal)

Client charged felony criminal contempt 1st degree: physical contact. Not indicted. Offer extended probation, anger management, drug/alcohol assessment. Declined and prepared for Trial – ADA agreed to an ACOD (adjournment in contemplation of dismissal) and the stay away order of protection was vacated.

October 2022

People v. Ryan E. – Felony Drug Charges Dropped to Violation (Non-Criminal Offense)

Charges: D Felony Criminal Possession and A Misdemeanor Crim. Possession
Outcome: Violation (non-crim offense) to Disorderly Conduct (SEALED)

Charges resulted from Home RAID. Initially client pled to the negotiated knockdown of felony to a misdemeanor charge of criminal possession. After further negotiations and plea bargaining secured a NON-CRIMINAL Sealed violation to disorderly conduct after 3 (three) months of interim probation resulting in client having a record clear of conviction after successful completion of the 3 months’ probation.

September 2022

People v. Everett C. – Domestic Violence Case – DISMISSED

Charges: 2 Counts – reckless endangerment 2 nd and Criminal Obstruction Breathing
Outcome: DISMISSED

After Motion both charges dismissed, Stay Away Order of Protection Vacated.

People v. Ebony D. – Felony Domestic Violence Case- ACOD 6 months

Charges: Felony Criminal Contempt in First Degree – Physical Contact
Outcome: Adjournment in Contemplation of Dismissal (6 months)

After extensive negotiations with the ADA and declining all prior offers from the Prosecution and setting down for trial an adjournment in contemplation of dismissal for the client (ACOD).  After the client remained free of any contact with the justice system for 6 months, charges were fully dismissed. Order of Protection Vacated and client remained free of any convictions on her record.

August 2022

People v. Rachelle C. – High Level Felony Drug Charges dropped to Misdemeanor

Charges: Conspiracy to sell drugs at A-ll level, as a B Felony, along with multiple (12 separate counts) of VTL charges.
Outcome: Negotiated felony knockdown to misdemeanor level Conspiracy 5 th and client received 3 years of probation and was granted transfer of probation to another state.

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