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Notable Case of the Year

Every year The Law Office Manager selects a case that illustrates an aspect of criminal practice that is both positive and educational. This year the case chosen involves the pursuit of the truth through due diligence and achieving Justice where less relentless efforts had failed.

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Recent Case Results:

Misdemeanor Driving While Intoxicated 1192(3):  Dismissed After Trial

Robbery:  Dismissed

Charges: Robbery in the First Degree, Class “B” Violent Felony. Attempted Robbery in the 2nd Degree, Class “D” Violent Felony - 3 Counts

Result: Indictment fully dismissed. Sealing order. Return of seized property.

Driving While Intoxicated 1192(3), Criminal Possession Controlled Substance 7th, Westchester County:  Dismissed

Driving While Ability Impaired By Drugs 1192(4), Westchester County:  Reduced to 1192(1) Infraction

Assault 3rd , Resisting Arrest, Obstructing Governmental Administration, Westchester County:  Adjourned in Contemplation of Dismissal (ACD)

DWAI:  NOT Guilty Verdict After Trial

Harassment 2nd Degree:  Dismissed, Sealed

Menacing 2nd Degree:  Dismissed After Trial

DWI Breath Test Refusal:  Dismissed on Probable Cause After Hearing

Petit Larceny:  Dismissed, Sealed

Assault 3rd Degree:  Dismissed After Trial

Criminal Possession Controlled Substance 7th Unlawful Possession of Marijuana, Prior UPM and Prior Criminal History:  Reduced to Disorderly Conduct, Sealed

Theft of Services, Criminal Mischief 4th Petit Larceny:  Reduced to Disorderly Conduct, Sealed

1192(2) DWI Felony and 1192(3) DWI Felony:  Felonies Dismissed, 1192(1)

Criminal Possession Assault Weapon 3rd Degree, 3 Counts:  No Jail, Probation

1192(3) DWI - Following Non-Jury Trial:  Dismissed

Assault in the Second Degree: Following Felony Hearing:  Dismissed

Rape 1st Degree, Sexual Abuse 1st Degree - Following Jury Trial:  Dismissed

Rape, Second Degree:  Non Prosecution

Reckless Endangerment 2nd Degree:  Adjournment in Contemplation of Dismissal

Resisting Arrest:  Disorderly Conduct

Resisting Arrest:  Dismissed after motions. Full sealing order.

Petit Larceny Disorderly Conduct:  Fine, Sealing Order

Prescription Fraud:  Dismissed

Driving While Intoxicated as a Class "D" Felony:  Straight Probation

Driving While Intoxicated under 1192(3):  Dismissed Prior to Trial

Robbery 2nd Degree Aggravated Harassment:  Dismissed after jury trial

Dismissed after felony hearing

Sexual Abuse in the First Degree:  Dismissed

Sexual Abuse in the First Degree:  Dismissed

Sexual Abuse in the Second Degree:  Dismissed

Sexual Abuse in the Third Degree:  Dismissed

Strangulation in the 2nd Degree:  12-month ACD

Theft of Services:  ACD

Misdemeanor DWI VTL 1192(3):  Dismissed

Obstruction of Governmental Administration, 2nd Degree:  Dismissed

Operating with Suspended Registration:  401(a) Violation, Fine

Parole Revocation Hearing:  Dismissed after Preliminary Hearing

Parole Revocation Hearing:  Dismissed

Petit Larceny:  Dismissed after motions. Full sealing order.

Petit Larceny:  Disorderly Conduct, Minimum Fine

Petit Larceny:  Dismissal following Non-Jury Trial

Petit Larceny:  Dismissed Pursuant to CPL 170.55

Petit Larceny:  Dismissed

Petit Larceny:  ACD with Community Service

Petit Larceny:  ACD

Petit Larceny:  ACD

Petit Larceny:  Dismissed

Petit Larceny:  Dismissed

Criminal Possession Controlled Substance 3rd Degree:

Criminal Possession Controlled Substance 7th Degree (misdemeanor) probation

Driving While ability Impaired by Drugs and Alcohol Combined 1192 (4-A):  Dismissed

Driving While Intoxicated:  Dismissed after Trial Verdict

DWAI Driving While Ability Impaired By Alcohol VTL 1192(1):  Dismissed

DWAI Drugs 1192(4) Misdemeanor (2nd Offense):  11992(1) Violation, fine

DWI 1192(3), 1192(1) with Refusal, 3-Vehicle Accident:  DWAI Violation and Fine

Menacing 2nd Degree:  Dismissal following Non-Jury Trial

Menacing 2nd Degree:

Dismissed after Trial records destroyed, file sealed

Menacing 2nd Degree:  Dismissed

Menacing, Second Degree:  ACD

Misdemeanor Driving While Ability Impaired by Drugs VTL 1192(4):  Dismissed

Misdemeanor Driving While Ability Impaired by Drugs VTL 1192(4):  Dismissed

Harassment in the 2nd Degree:  6-month ACD

Harassment, First Degree:  ACD

Harassment, Second Degree:  ACD

Harassment, Second-Degree:

Adjournment in Contemplation of Dismissal (ACD)

Harassment, Third-Degree:  Dismissed After Trial

Harrassment in the 2nd Degree:  ACD

DWI Refusal:  No Refusal after hearing. Dismissed.

DWI, Refusal:  Case Dismissed

DWI, Refusal (2nd Offense):  DWAI, Violation, Fine Only

Endangering the Welfare of a Child:  Dismissed

Endangering the Welfare of a Child:  Dismissed

Endangering the Welfare of a Child:

Harassment Violation, No Fine, Conditional Discharge

Endangering the Welfare of a Child:  Dismissed

Exposure of Person:  Dismissal

Failure to Keep Right Infraction:  Dismissed

False Impersonation:  Disorderly Conduct, fine

Felony Assault, Second Degree:  Harassment, Second Degree, Violation

Felony Driving While Ability Impaired by Drugs VTL 1192(4):  Dismissed

Felony Driving While Intoxicated:  Dismissed Prior to Trial

Felony DWI 1192(3), Felony Aggravated Unlicenced Operation 1st Degree:

1192(3) Misdemeanor w/ Probation, AUO Dismissed

Filing False Statement:  ACD

Forcible Touching:  Dismissed

Forcible Touching:  Dismissed

Forcible Touching:  Dismissed Prior to Trial

Forgery 2nd Degree (2 Counts) Class "D" Felony:  Dismissed

Forgery, Second-Degree (2 Counts):  Dismissal After Felony Hearing

Grand Larceny 3rd Degree:  Dismissed

Grand Larceny 4th Degree:  Disorderly Conduct, fine

Grand Larceny, 4th Degree:  Disorderly Conduct

Harassment 2nd Degree:  Dismissed after Non-Jury Trial

Assault in the Third Degree: Domestic Violence:  Dismissed

Assault Third Degree:  Dismissed

Assault, 3rd Degree:  ACD

Assault, Third Degree:  Dismissed

Assault, Third-Degree:  Case Dismissed

Assault, Third-Degree:  Harassment Violation, Fine

Assault, Third-Degree:  Harassment Violation, Fine

Assault, Third-Degree:  Dismissal

Attempted Forcible Touching:  Dismissed

Attempted Murder Investigation:  Defendand not charged

Attempted Sexual Abuse in the First Degree:  Dismissed

40-Year Sentence for Sale of Narcotics:  Reversed After Appeal

Attempted Sexual Abuse in the Second Degree:  Dismissed

Attempted Sexual Abuse in the Third Degree:  Dismissed

Burglary 2nd Degree:  Complete Dismisal, Full Sealing Order

Burglary 2nd Degree:

Criminal Trespass 4th Degree (misdem) with Conditional Discharge (no probation)

Burglary 3rd Degree:  Petit Larceny

Burglary 3rd Degree:  Probation

Burglary 3rd Degree:  Judicial Diversion (Drug Court)

Burglary, Second-Degree:  Dismissed

Class "D" Felony DWI 1192(3) - 5th DWI offense, 4th Felony DWI offense w/2 prior state prison sentences:  5 Years Straight Probation w/ alcohol treatment,

Criminal Contempt 2nd Degree:  Dismissed

Criminal Contempt 2nd Degree:  Dismissed

Criminal Contempt in the 2nd Degree (two counts) Assault in the 3rd Degree Aggravated Unlicensed Operation:  All Charges Dismissed

Criminal Contempt, 2nd Degree:  Dismissed

Criminal Facilitation in the 4th Degree:  Dismissed

Criminal Impersonation:  Disorderly Conduct, fine

Criminal Mischief 4th Degree:  Dismissal

Criminal Mischief 4th Degree:  Dismissal following Non-Jury Trial

Criminal Mischief 4th Degree:  Dismissed After Trial

Criminal Mischief in the 4th Degree:  Dismissed

Criminal Mischief, 4th Degree:  Dismissed

Criminal Mischief, 4th Degree:  Disorderly Conduct

Criminal Mischief, Fourth Degree:  ACD

Criminal Posession Controlled Substance, 7th Degree:  Dismissed. Full Sealing Order

Criminal Poss. Controlled Substance 3rd Deg. (2 Counts) "B" Felony:

Attempted Crim. Possess. Controlled Substance 7th Deg. "B" Misdemeanor

Criminal Possess. Controlled Sub. 7th Degree (2 Counts):  Dismissed

Criminal Possess. Forged Inst. 1st Degree (2 Counts):  CPFI 3rd Degree, time served

Aggravated DWI (.19%):  1192(3) Conditional Discharge, no probation

Aggravated DWI (.24%):  1192(3) Conditional Discharge, no probation

Aggravated DWI 1192(2)(a)(a):  DWAI as a non-criminal infraction

Aggravated DWI 1192(2)(a)(a) .27 BAC:  Fine, Conditional Discharge

Aggravated DWI with Accident:  Conditional Discharge

Aggravated Harassment:  Dismissed after non-jury trial

Aggravated Harassment:  Dismissed

Aggravated Harassment, 2nd Degree:  Dismissed

Harassment Violation

Aggravated Sexual Abuse in the First Degree (B Felony):  Forcible Touching as a non-SORA misdemeanor

Aggravated Unlicensed Operation:  Dismissed

Aggravated Unlicensed Operation in the First Degree:  Dismissed

Assault 3rd Degree:  Dismissed

Assault in the 3rd Degree:  Dismissed

Assault in the 3rd Degree:  ACD

Assault in the Second Degree:  Dismissed

Assault 3rd Degree:

ACD (Adjournment in Contemplation of Dismissal)

Assault 3rd Degree:

Harassment Violation, $100 Fine

Assault 3rd Degree:  Dismissed after Non-Jury Trial

Criminal Possession Controlled Substance, 4th Degree Crim. Possess. Controlled Substance, 7th Deg.:  Probation

Criminal Possession Forged Instrument 1st Deg. "C" Felony:  Attempted Petit Larceny "B" Misdemeanor

Criminal Possession Hypodermic Instrument:  Disorderly Conduct

Criminal Possession Marijuana 1st Degree (12 lbs):  Dismissed

Criminal Possession Marijuana, Fifth Degree:  ACD

Criminal Possession of a Controlled Substance in the 3rd Degree:  Dismissed

Criminal Possession of a Controlled Substance in the 7th Degree:  Dismissed

Criminal Possession of a Controlled Substance, 7th Degree (2):  Disorderly Conduct, $125 Fine

Criminal Possession of a Hypodermic Instrument:  Dismissed

Criminal Possession of a Weapon 4th Degree:  Dismissed

Criminal Possession of a Weapon in the 4th Degree:  dismissed

Criminal Possession of Marijuana, 1st Degree (11 lbs.):  Dismissed

Criminal Possession of Marijuana, First-Degree, (11-lbs.):

Plead to Criminal Poss. of Marijuana 5th deg (misdem.) Probation

Criminal Possession of Stolen Property 3rd Degree:  Disorderly Conduct

Criminal Possession of Stolen Property, 4th Degree, "E" Felony:  Disorderly Conduct, Violation

Criminal Possession Prescription Drugs 4th Deg:  Dismissed

Criminal Possession Stolen Property 3rd Degree:  Dismissed

Criminal Possession Stolen Property 5th Degree:  Disorderly Conduct

Criminal Possession Weapon 3rd Degree:

Criminal Possession Weapon 4th Degree (misdeameanor) with Conditional Discharge (no probation)

Criminal Sale Controlled Sub. 3rd Deg. (2 Counts) "B" Felony:  Dismissed after Judicial Diversion

Criminal Sale Controlled Substance 3rd Deg. (2 Counts) "B" Felony:  Dismissed

Criminal Sale Marijuana 3rd Degree:  Dismissed

Criminal Sale of a Controlled Substance 3rd Deg., Criminal Possession of a Controlled Substance 3rd Degree:

Dismissed following completion of Judicial Diversion

Criminal Sale of Marijuana in the 3rd Degree:  Disorderly Conduct

Criminal Trespass, Second-Degree:  Trespass Violation, min. fine

Driving While Ability Impaired .15%:  DWAI, Violation, Minimum Fine

Driving While Ability Impaired by Alcohol:  Dismissed after Trial

Driving While Ability Impaired by Drugs:

DWAI Violation, Conditional Discharge, Minimum Fine

Driving While Ability Impaired by Drugs (2nd Offense):  DWAI Violation

Trespass:  Dismissed After Trial

Trespass:  Dismissed

Unauthorized Speed Contest, Misdemeanor Speed Contest:  Dismissed

Unauthorized use of a Vehicle, Third-Degree:  Dismissed

Unemployment Insurance Fraud:  Non-prosecution

Unlawful Imprisonment:  Dismissed

Unlawful Possession of Marijuana, Second Offense:

Adjournment in Contemplation of Dismissal (ACD)

Violation of Conditional Discharge:  Dismissed

Violation of Probation:  Restoration to Probation with time served

Violation of Probation:  Restored to Probation

Violation of Probation off Felony Burglary:  Restored to Probation

D.A. requested maximum State Prison sentence

"E" Felony Criminal Mischief, Third Degree:  Dismissed