“NOT GUILTY.” The most rewarding moments of my practice are the few seconds immediately after a client has heard a jury foreperson announce that verdict. The emotional response when a client hears that he will not go to prison can be overwhelming. Seeing a client gasp, cheer, clap a hand over his mouth, burst into tears, or turn and hug me,
are moments I always remember. PREPARATION BRINGS SUCCESS. Triumphs such as these do not happen spontaneously. Trials often are won or lost before the first juror is sworn. Preparation can determine whether a trial ends with the defendant taken from the court room in handcuffs or walking out the court room door in freedom. The most prominent trait of my representation is vigorous, thorough pre-trial motion practice. My representation includes meticulous demands for all information which the prosecution must disclose, and pre-trial motions which include all possible grounds for dismissal of charges and for the exclusion of evidence which the prosecution may present at trial. FIGHT SMARTER, NOT HARDER. When trial begins, the accused needs an attorney who will champion his rights, asking tough questions when necessary but always within the context of a clear strategy, never just for show. Every question asked of each witness must be crafted to match the defense’s overall theory of the case. This is where pre-trial preparation can yield powerful results. Five carefully planned questions can have more effect than a hundred aimless questions asked by a lawyer who is simply putting on a show. Sometimes the most advanced tactic is knowing when not to ask the wrong question. The principle by which I defend each client against the awesome power of the state is simple: “Fight smarter, not harder.”
ACQUITTALS, DISMISSALS, AND OTHER VICTORIES
I have devoted my practice to criminal law since I opened for business on April 3, 1992. Some of my proudest accomplishments appear here:
– On February 10, 2016 in Albany County Court before Hon. Stephen Herrick, I secured an adjournment in contemplation of dismissal for a client who stood accused of two felony counts of Computer Trespass
- On September 23, 2015 I won an acquittal in Albany County Court for a client who stood accused of Attempted Murder, despite eyewitness testimony identifying him as the perpetrator of a shooting that took place on a city sidewalk in broad daylight.
- On October 2, 2013 I won an acquittal in Supreme Court, Albany County for a client accused of co***ne possession despite the testimony of a police officer that he had personally witnessed my client throw the co***ne to the street during a foot pursuit.
- On May 8, 2012 I won an acquittal in Albany City Court for a client who stood accused of “keying” a car in front of it’s owner.
– On June 21, 2011 I won an acquittal in Albany County Court before Hon. Stephen Herrick for a client who stood accused of Armed Robbery, Burglary, and Criminal Possession of a Weapon, despite eyewitness testimony identifying him as an intruder who had entered a home and threatened a family at gunpoint.
– On March 23, 2006 I won an acquittal in Albany County Court before Hon. Stephen Herrick for a client who stood accused of forcible r**e.
– On September 29, 2004 I won an acquittal in Supreme Court, Albany County before Hon. Joseph Teresi for a client charged with Criminal Possession of a Weapon despite New York’s statutory presumption that every occupant of an automobile possesses any illegal firearm found in the vehicle.
– On June 25, 2003 I won an acquittal in Supreme Court, Albany County before Hon. Dan Lamont for a client accused of a brutal gang-related assault.
– On March 20, 2002 I represented a client who was convicted of drug possession despite a faulty jury instruction. An appellate court found that my argument to the trial judge had been correct and on September 10, 2003 reversed his conviction.
– On January 18, 2000 I won an acquittal in Albany County Court before Hon. Larry Rosen for a client accused of Armed Robbery despite his own admission on the witness stand that he had entered a home and stolen property. The defense of duress, meaning a person was forced to commit illegal conduct and therefore is not legally responsible for his actions, prevailed and my client walked out the court room door a free man.
- On June 17, 1998 in Albany County Court I successfully argued for Hon. Thomas Breslin to grant a Trial Order of Dismissal in a Class A-I drug possession trial where my client faced a possible sentence of 25 years to life in prison
*** Prior Results Do Not Guarantee A Similar Outcome ***
08/10/2021
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