United States v. Fishman, 157 F.4th 143 (2d Cir. 2025)
Sep 22, 2025OUTCOME: $26 million restitution judgment vacated, $10 million forfeiture order reversed.
Appeal of conviction for conspiracy to violate the Federal Food Drug and Cosmetic Act.
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Richard D. Willstatter's Legal Cases (6)
White Plains, NY
Federal crime Lawyer at White Plains, NY
Practice Areas: Federal Crime, Criminal Defense ... +3 more
Whitehead v. Lamanna, 2023 U.S. Dist. LEXIS 86973, 2023 WL 3588155 (NDNY 2023)
May 18, 2023OUTCOME: Habeas petition granted, client released from prison after 11 years' imprisonment.
federal habeas corpus petition alleging ineffective assistance of appellate counsel.
People v Kennedy, 177 A.D.3d 628 (2d Dept. 2019)
Nov 06, 2019OUTCOME: Reversed.
Judgment convicting the defendant of reckless assault reversed based on violations of the defendant's Sixth Amendment Right to Confrontation and the trial court's erroneous instruction to the jury to a ... ccept the the "explanation" of the police.
People v Mota, 165 A.D.3d 988 (2nd Dept. 2018)
Oct 17, 2018OUTCOME: Reversed.
Sex Offender Registration Level reduced on appeal.
People v. Bernard Gumbs, 143 A.D.3d 403 (1st Dept. 2016)
Oct 04, 2016OUTCOME: reversed
Client's murder conviction reversed and a new trial ordered. The trial court's admission of statements as dying declarations deprived the defendant of a fair trial.
People v. Scott Weaver
N/AOUTCOME: judgment reversed
The Appellate Division had rendered a decision finding that no warrant was required for the police to attach a GPS device to a man's car to watch his movements 24/7. As Amicus Curiae Chair of a bar ass ... ociation, Mr. Willstatter recruited authors to brief this issue in the New York State Court of Appeals. We argued that the New York State Constitution requires a police officer to seek a warrant from a judge before conducting such intrusive surveillance. In the most important search and seizure decision in years, Chief Judge Jonathan Lippman wrote a decision for the majority of the Court that is well worth reading and is available on the Court's website, http://www.nycourts.gov/ctapps/decisions/2009/may09/53opn09.pdf.