Cases

  • People v. T.T. (2015)
    • Client was convicted in a New York local justice court over ten years ago of criminal possession of a controlled substance in the seventh degree.  He recently was hired to teach in a New Jersey school district.  However, because a mandatory background check revealed his prior drug conviction, and New Jersey has draconian laws that permanently disqualify anyone who was ever convicted of a drug offense, he was terminated from his position.  
    • In New Jersey, there are provisions for expungement of convictions, which would allow those convicted in New Jersey of misdemeanors to be employed in schools, but New York does not allow for the expungement of convictions.  
    • Also, New Jersey officials did not accept the New York certificate of relief from disabilities, so I filed a motion to vacate conviction, clearly arguing the equities of the matter to the District Attorney's Office and the local Justice Court.  Ultimately, the conviction was vacated and the charges were dismissed, and client was able to begin working as a teacher in New Jersey.
  • People v. E.V. - Final Revocation of Parole Hearing (2015)
    • SORA level 3 Client arrested and charged with violating seven conditions of his post-release supervision; litigated the violations and won, client's warrant vacated, immediately released from jail.
  • Johnston v. Town of Orangetown, et al., 526 Fed.Appx. 39 (2d Cir., 2014)
    • Plaintiff filed a federal complaint alleging his civil rights were violated by the Town; I represented the Town, and my motion for summary judgment was granted.
    • I also represented the Town on appeal to the Second Circuit Court of Appeals, and the Court of Appeals upheld the District Court's dismissal of the complaint.
  • People v. S.W. (Rockland County Court, 2014)
    • Felony DWI, where the defendant was required to submit to ethyl glucuronide (EtG) testing.  EtG is a metabolite of alcohol (ethanol), but remains in the system longer than alcohol itself, so can be detected for much longer periods of time than alcohol can with a regular breathalyzer test.  I tracked down one of the scientists who developed the EtG test, and he drafted a letter to the Court explaining his recommendation that only positive results with significantly high readings should be used to support punishment or termination from Drug Court.  The Court was receptive to the expert's opinion and ended up not proceeding on the positive EtG tests to a termination hearing.  Because of this case, Drug Court now requires all participants to sign a memorandum putting them on notice as to the numerous commercial products that could trigger a positive EtG test.
  • In the Matter of I.E. (DMV Refusal Hearing) (2011)
    • Client's driver's license revoked at the DMV Refusal Hearing.  Obtained a stay of the revocation so client could continue to drive pending appeal.  Appealed matter and won.  Client's license unaffected by his refusal to take the breathalyzer test.

  • People v. Goldstein, 73 AD3d 946 (2d Dep't, 2010)
    • Although submitted under the names of my former firm's partners, I researched and drafted both the motion that led to the dismissal of the indictment as well as the appellate papers on this matter.  The Appellate Division for the Second Department upheld the trial court's dismissal of the indictment, based upon the failure of the the prosecution to advise the grand jury on certain exculpatory evidence.  Influential decision relating to prosecutorial obligations during a grand jury.
  • People v. Gilmer Martinez-Mazriegos (Rockland County Court, 2010)
    • Client indicted on two counts of First Degree Rape. Tried two week trial, which despite damaging client admissions to police as well as medical evidence, resulted in deadlocked jury.  Successfully negotiated resolution where client pled to Endangering the Welfare of a Child, a non-SORA registerable offense.

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