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Todd Douglas Greenberg

Todd Greenberg’s Answers

12 total


  • Drugs in stolen purse

    Say if a person has her purse stolen, and the thief is caught on security camera and subsequently arrested. If the purse is recovered from the thief and drugs (like a small bag of heroin) are found in it (which may belongs to the purse owner), wha...

    Todd’s Answer

    Under New York Law, there has to be "Possession" of the drugs. Under your scenario, when recovered, the purse owner would simply not be in "possession". So simple answer is 'NO". However, there are ways to show possession thru circumstantial evidence and that purse owner had "Dominion and Control" over the heroin, such as fingerprints, or that the thief had possession for a very short period of time and never opened bag, But in your scenario which deals with a "small bag of heroin, so a Prosecutor most likely wouldn't bother to Prosecute.

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  • Is it illegal to sell t-shirts and pins with someones face on it who is missing?

    Hi there, my friend has been missing for 6 months, and she is an addict and her addict friends have come up with the idea to sell T-shirts,pins and stickers with my friends face on it. The family has asked them to not be involved, and they continu...

    Todd’s Answer

    Terrible situation. Sorry to hear it. I believe this New York Statute found in the Civil Rights Law will answer your Question:

    § 51. Action for injunction and for damages

    Any person whose name, portrait, picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided1 may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait, picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person's name, portrait, picture or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion,

    There is also Criminal penalties:
    § 50. Right of privacy
    Currentness
    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.

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  • How do I get my boyfriend his time served to count in jail?

    my boyfriend is in jail for 2 charges which ran concurrent with each other, he was sentenced 3 months into him hitting on both of these charges and they aren't giving him his time served so they aren't counting the 3 months prior to his sentencing

    Todd’s Answer

    The Lawyer should ask that the sentence date be run Nunc Pro Tunc ( related back) to when he first went in so he gets credit.

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  • If i was false arrested then made a 1983 claim federally with pending criminal charges does the da have to give me a offer that

    If i was false arrested then made a 1983 claim federally with pending criminal charges does the da have to give me a offer that fits the cause to avoid jury by trial. Or will they give me no offer like they have and challenge a trial when i have ...

    Todd’s Answer

    In a general sense, Prosecutor cannot frame a disposition with civil consequences in mind. There were many cases years ago where the Prosecutor would grant an ACD if the Arrested person would waive his right to sue. Court's didn't go for the obvious coercion and struck down the civil releases. Practically speaking, its another story. My colleagues are correct when they say the facts of the case are important for any real discussion -- which we are not aware of. However, if there were indications that your not getting a disposition because of the civil case, that would be in issue for your attorney to pursue vigorously.

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  • Is there a crime here? Is it attempted larceny?

    In divorce process husband attempted to assign girlfriend as poa on my credit card which he was previously identified as an authorized user and knew he was not cardholder. Has not had access to card for over 3 yrs. Request denied since it did no...

    Todd’s Answer

    Probably not. For an Attempt at a crime to be a crime the person would have had to be " dangerously close" to the crime being committed. Doesn't sound like he got close to taking money or using card. However, were false docs filed? thats a different story

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  • The county judge denied the 440.30 & the Court of Appeals approved it. The 440.30 & direct appl were combined.

    Once the Court of Appeals approves a 440.30 how long does it typically take to have items tested? Do we have to wait to test DNA until the appeal is perfected?

    Todd’s Answer

    This question is extremely hard to answer without specific facts. However, in general, in DNA evidence cases, an interim order can be entered regarding the testing of the object. CPL 440.30 states in part that:

    In conjunction with the filing or consideration of a motion to vacate a judgment pursuant to section 440.10 of this article by a defendant convicted after a trial, in cases where the court has ordered an evidentiary hearing upon such motion, the court may order that the people produce or make available for inspection property, as defined in subdivision three of section 240.10 of this part, in its possession, custody, or control that was secured in connection with the investigation or prosecution of the defendant upon credible allegations by the defendant and a finding by the court that such property, if obtained, would be probative to the determination of defendant's actual innocence, and that the request is reasonable.

    So, the testing can be done "In Conjunction with the filing of or consideration of ...." , depending on the application that was made to the Court and the Court order.

    Again, i have no facts or documents regarding your case but the plain language of the statute indicates a person can get the testing done before the appeal is perfected if ordered by the Court.

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  • Can probation issue all these sexual offender conditions even without the conviction of a sex crime?

    originally charged with sexual misconduct. i had it sealed and dismissed and accepted an endangerment charge and probation. i am not a convicted sex offender. i am not registered. and i was not convicted of any sex crime. i was convicted with an e...

    Todd’s Answer

    Of course, i would have to know more about your case. However, the question is if the Judge set those conditions or did probation do so on it's own initiative. There can be Sex Offender conditions on a conviction even if the conviction is for a Non- Registerable Offense. However, there is an argument based on precedent that the Court -- not the probation department -- must order those conditions. If the Court did not order it I would petition the Court on that issue.

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  • Do I have to return to court when the six month period is up? Will I get anything in the mail about the case?

    Arrested for possession of marijuana and a controlled substance. Was granted an adjournment in contemplation of dismissal. There are no requirements attached to it such as community service.

    Todd’s Answer

    The case will be automatically sealed and dismissed at the end of the period and a court appearance is not necessary UNLESS there was a condition attached to the granting of the ACD such as community service, drug counseling or anger management. If so, Then an appearance must be made to show proof of compliance.

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  • Can I have sex with a 21 year at the age of 17?

    Sexual intercourse

    Todd’s Answer

    The real question is can the 17 year old have a sexual relationship with you and the answer is "yes" in that a 17 year old can legally consent to sexual acts.

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  • Can I get a grand larceny felony sealed in New York?

    Grand larceny charge from 6 years ago.

    Todd’s Answer

    Unfortunately "No" at this time in New York. New York does not recognize the sealing of criminal convictions. However, you should apply for what is known as Article 23 relief: a Certificate of relief from Civil Disabilities. Here's the New York Court link that explains: https://www.nycourts.gov/courts/10jd/suffolk/dist/RCD.shtml

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