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Anthony John Colleluori

Anthony Colleluori’s Legal Cases

14 total


  • People v D.S.

    Practice Area:
    Criminal defense
    Date:
    Oct 23, 2014
    Outcome:
    Full Acquittal
    Description:
    Client was accused of Obstruction of Governmental Administration, Assault 3 on a Police Officer and Resisting Arrest. Jury Trial before the Hon. Rhonda Fisher NC Dist. Ct. (Nassau is a very hard place to beat a police officer, it is very conservative).
  • Luz Cardeno v. John Potter (Postmaster General of the United States of America)

    Practice Area:
    Discrimination
    Date:
    Feb 25, 2010
    Outcome:
    Plaintiff verdict for $33,000.00
    Description:
    Luz Cardeno was a Flexible Part Time Mail Clerk for the US Postal Service. After complaining about disparate treatment and filing an EEOC Complaint, the original issue was settled and Luz who had separated from the USPS because of the treatment, returned to a new post office. Nearly immediately after her return, the USPS through their managerial staff began to retaliate against her denying her the opportunity to earn her full complement of hours as well as other failures. Luz had started the law suit herself and the complaint limited what could be established on her behalf and how much she could sue for, however she did receive a Plaintiff's verdict in the sum of THIRTY THREE THOUSAND DOLLARS ($33,000.00) over 11 times the amount offered at settlement. Further when attorney's fees are figured in, the full cost to the USPS was over Eighty Thousand Dollars $80,000.00). --
  • Philip David Schaub v. Olmsted County (MN) et al.

    Practice Area:
    Civil rights
    Date:
    Dec 17, 2009
    Outcome:
    Verdict for Plaintiff in the aggegate sum of $1.5 Million Dollars
    Description:
    Plaintiff, a paraplegic from the chest down, was a work release prisoner in the Defendant's jail. He was refused medical attention at the jail, as part of the policy of the facility's policy of not treating Work Release prisoners. His cell though ADA compliant at the time of building, was not able to accommodate the plaintiff. The cell did not have a convenient call button, insufficient padding for beds, toilet, and showers, and lacked appropriate grab bars and other stabilizers to aid the plaintiff in transferring from wheelchair to toilet. The lack of appropriate pressure relieving mattresses caused open weeping pressure sores to appear on plaintiff's heels. As a result of the grab bar failures plaintiff fell and splintered his Femur, leading to a floating hip and a number of deep bruises which became pressure sore ulcerations. After falling, Plaintiff petitioned the sentencing court to change his sentence to one permitting home detention. The court sought advice from the Defendant Von Wald who at the time was Director of Adult Detention Center (the ADC). Her honor sought to find out if the jail could accommodate the plaintiff. Von Wald having been advised by the Plaintiff;s doctor, and by Plaintiff's affidavit in the Sentencing Modification Motion, that the situation was very dangerous, misled the court into thinking that the plaintiff would be allowed to bring in any mattress he needed even though he was also aware a pressure relieving mattress would not be allowed into the facility due to the Fire hazard it would introduce into the facility. Plaintiff had to have surgery on his broken leg. After the court refused his request to amend the sentence, plaintiff returned to the jail but was now placed in Special Management Unit and could no longer see his own physician. This was in spite of the court''s order to permit him work release. While in the care of the jail medical staff, the wounds on plaintiff's Buttock, Thigh and feet were observed but not addressed by ADC medical staff which allowed him to go untreated. His new cell was without any grab bars and plaintiff could not change position in bed. His sores became infected and after nine days he had to be rushed to the Mayo Clinic. Plaintiff who previously was completely self sufficient now was bed ridden for over 4 years while his toxic ulcerations healed. He has been hospitalized numerous times and has had to have a number of surgeries. The case was tried to Sr US District Court Judge James Rosenbaum (non-jury) in the US District Court of Minnesota sitting in Minneapolis. After 4 days of trial, the court found that plaintiff sustained injuries because of an 8th amendment violation and further found that the Director of the ADC, Defendant Von Wald mislead the Sentencing Court. He found that Von Wald and the medical staff at the ADC exhibited a deliberate indifference to plaintiff's needs. The Court awarded the plaintiff $114K in compensatory damages, $100K for past and future pain and suffering and $750K in Punitive damages against Deft. Von Wald, and the ADC. Attorney fee application was granted granting lead Counsel Mr. Colleluori $600 dollars an hour in fees. This is the largest verdict in a Jail house 1983 action in Minnesota history as well as the largest hourly attorney fee in the country at the time.
  • Mastroianni v. County of Nassau et.al.

    Practice Area:
    Civil rights
    Date:
    Jun 25, 2009
    Outcome:
    Settled in Favor of Plaintiff.
    Description:
    Plaintiff prisioner brought on his Federal Civil Rights lawsuit Pro Se. Plaintiff suing for damages because defendant failed to get plaintiff heart medicine on a regular basis. Plaintiff suffers a serious heart attack. Defendant claims plaintiff failed to establish that he exhausted all of his state remedies. Mr. Colleluori attacks defendant's claims and a hearing is granted. At hearing through cross-examination, Colleluori forced defendant Nassau County to admit it had developed a plan to force plaintiffs to forfeit their grievences in exchange for their medicines. Then when the meds were not delivered, they forced the prisoner to start the procedure again, never allowing the prisioner to reach the final stage to exhaust his administrative remedy. Court held that the Defendant county's plan granted the plaintiff de facto exhaustion of State administrative remedies and allowed the suit to proceed to trial. The case was settled just prior to jury selection.
  • People of the State of NY V Jason Z.

    Practice Area:
    Violent crime
    Date:
    Nov 17, 2008
    Outcome:
    No True Bill
    Description:
    Jason Z. was a 20 year old married father of one, who was charged with 2 counts of Burglary in the first degree. He was accused of being a lookout and driver of the "getaway" car. Jason came to see us after his previous lawyer had recommended he plead guilty to a reduced charge and accept an 8 year sentence for a crime he did not commit. Jason had a signed confession that he claimed was coerced by police who arrested his then pregnant wife and accused her of giving a vehicle to Jason and his "cohorts". Jason claimed he was told to either sign the confession or his wife "would hatch her kid in Riker's island if somebody didn't kick it outta her first." Police believed Jason had driven himself and two others to the scene of a home invasion, then ran, leaving the vehicle at the scene when police came. they believe he got away along with another unnamed individual. They received all thier information from Jason's co-defendant who was indicted for the crime. After working with Jason so that his story came out smoothly, and preparing him for the first time he had ever testified, I accompanied him to the Grand Jury. The Prosecutor was very unfair and scarcastic in his questioning of Jason, but Jason handled it well and in the end the 23 Grand Jurors beleived Jason and voted that there was not even enough to charge him with ANY crime. In other words there wasn't reasonable cause to even believe Jason was involved in any crime. Meaning he was innocent. Jason is now back in college and raising his little boy. He has expressed some interest in paralegal or even law school after this incident.
  • People of the State of New York v. A. Latino et. al.

    Practice Area:
    Violent crime
    Date:
    Oct 20, 2008
    Outcome:
    Defendant acquitted of all counts and charges
    Description:
    Police arrested my client after they allegedly saw him and two others enter a home in a burglary. Two police officers alleged that the saw the clients at the scene and enter the home or leave the residence. In the vehicle they allegedly found burglary tools, pry bars, masks, gloves, wigs and a police radio receiver tuned to the frequency used by the 109 and 111 Pct. in NY. They also charged the clients with possession of the radio, and burglary tools and a small amount of Marijuana that they also found in the car. Additionally, the Queens "Blast unit" a special anti-burglary team in northern Queens County in NY, had placed a GPS device on the vehicle the client was allegedly driving within. Through thorough cross examination, the jury understood that the clients were very likely not at the scene of the crime and that they were guilty of being in the vicinity of a crime scene. Further the jury was faced with the fact that the Police (Queens NY Blast unit) may have become so frustrated with their surveillance that they may have arrested the defendants and then committed the burglary themselves to cover the money they wasted on the GPS Surveillance and backup. After about a day of deliberation, the jury returned a verdict of Not guilty to Burglary , Possession of Burglary Tools, Possession of a Police Scanner with the Intent to Use it in a Crime, and Possession of Marijuana.
  • People v. Ronald "Shorty" Rodriguez

    Practice Area:
    Violent crime
    Date:
    Jul 10, 2008
    Outcome:
    Acquitted of Murder convicted of Manslaughter 2
    Description:
    On October 3, 2006 Ronald "Shorty" Rodriguez used a shotgun to scare off a bully drug dealer named Bilah McGraw. McGraw by his own admission was one of the leading members of the notorious Terror Avenue Posse, (TAP) which was a violent Street gang dealing drugs on Terrace Ave. in Hempstead NY, (The largest town population in America) On Oct 3 2006 A "dusted" (high on Angel Dust aka PCP) McGraw and his lieutant Travis Drew came looking to rob Mr. Rodrieguez because he had been selling cocaine in TAP territory. When he saw them coming for him Shorty ran into an alley way to get a way and found out that there was another TAP gunman waiting for him. He turned and grabbed a shotgun that the unaffiliated dealers on the block used for protection, and ran back toward the street to hopefully scare McGraw and Drew off. The ruse almost worked when Drew ran off, but McGraw, probably due to the effects of the Angel Dust, grabbed for the gun and tried to attack Shorty with the butt. During the scuffle, the gun fired and blew a 2.5" by 5" hole into the chest of McGraw blowing out the bottom portion of his heart and causing instantaneous death. Mr. Rodriguez took off and was on the lam for 11 months when he was apprehended by authorities. At the trial, Mr. Rodriguez was charged with Murder in the Second degree: Intentional Murder. He was offered a plea to the charge and 20 years to plead guilty. Our team put together a successful defense convincing the jury that there was no Intentional Murder or Intentional Manslaughter. The jury convicted the defendant after a month's trial and 2 days of diliberations of Manslaughter in the 2d degree a non-violent non intentional crime. Private investigator Rick Arden spoke to nearly every witness and developed other witnesses who could put some sense to the case and the theory of the Government's case (The state argued that McGraw and Drew were merely walking up the street to buy some marijuana, that Shorty shot McGraw because Shorty was "dissed" by him earlier in the evening.) Firearms Expert Jerry Petillo helped form a voir dire that kept the People's firearm expert from being declared an expert, and taught Colleluori the workings of Firearm and Toolmark identification. Dr. Mark Taff helped craft the cross-examination of the People's coroner helping to turn his testimony to shreads and attacking the coroner on his complete lack of experience. The Assistant District Attorney mounted a spirited prosecution but it came undone thanks to the superior investigation and tough cross-examinations by the defense. At the end of two days of diliberations, the jury of 6 men and 6 women, acquitted Shorty of both intentional crimes (Murder 2* and Manslaughter 1*) both violent felony offenses with top sentences of Life and 25 years in prison respectively and convicted the defendant in a compromise verdict of Manslaughter 2 a non violent offense with a minimum of 5 years max of 15 and Criminal Possession of a Weapon in the 3*. The verdict was a clear success for the defense.
  • People v. Joshua Bastien

    Practice Area:
    Violent crime
    Date:
    Nov 30, 2007
    Outcome:
    Plea of Guilty to a lesser charge
    Description:
    Joshua was accused of selling 5 handguns over the course of 2 years to an undercover police officer. He had been set up by a relative. The Prosecution requested a Five year sentence. The court looked at Joshua's lack of a prior record, his relationship to the confidential informant, the level of police misconduct and the support of Joshua and his friends family and neighbors as well as a very positive pre-plead report prepared by the defense team's expert as well as a strong Defendant's presentence report written and presented by Anthony J. Colleluori resulted in a sentence of 1 year in jail as opposed to a Five year Prison sentence. Josh is up for work release and we are presently preparing a report to the NY Corrections Department seeking reinstatement of that program.
  • People v. O.H. (St. John's Gunman Case)

    Practice Area:
    Violent crime
    Date:
    Oct 29, 2007
    Outcome:
    Case dismissed pursuant to CPL Section 730.30
    Description:
    On Sept, 28, 2007 O.H. was arrested for bringing a Musket onto the campus of St. John's University in Jamacia, NY. The media jumped on the story immediately as the incident happened just months after the deadly attack at Virginia Tech University in Blacksburg, Va. Within 45 minutes of Mr.Hariman's arrest, the family contacted Mr. Colleluori. Our office jumped in before even being officially retained and contacted the Police to stop their questioning of the client. Although the Police did not take Hariman right back to the station house in order to avoid his having the opportunity to "Lawyer up" we e-mailed, faxed and called 911 and 311 to make sure our demand to have questioning cease be timed in. Thereafter our office worked with the press and the client's family to get his story out to the world. O.H. was a paranoid schizophrenic unable to distinguish reality from his dreams. He was a brilliant student and exceptionally bright boy. He was a witness to the events of 9-11-01 standing only a block away from the disaster site. In fact O.H. was a tragic victim of 9-11-01. His fragile world completely torn apart like so many other New Yorkers that day. Suffering from Post traumatic stress disorder, O.H. volunteered for months at the disaster site, helping firemen and rescuers, and victims. Unfortunately he lost all support when he went on to study at an Ivy League University. His untreated PTSD slowly began to become delusional. He was unable to study or get along with others. He also was diagnosed with a physical debilitation. In 2006, O.H. withdrew from University. In spring of 2007, his physical condition became worse and he had to undergo surgery. Thereafter, he was unable to keep food and his medicine for the Paranoid Schizophrenia down. Now he was completely without pharmaceutical treatment. His PTSD worsened bringing on the deluded decision to bring the musket to school. Mr. Colleluori, drawing on his knowledge of Psychology and mental disorders was able to explain the diseases and causes to the press and we began to quickly see sentiment in the City swing toward sympathy for O.H.'s plight. After making a motion to find the client incompetent to stand trial, Colleluori retained his own Psychologist to help make the determination. We attended all the Psychological testing and were able to use our intimate knowledge of the interviews to convince the District Attorney's office to join in the application to find O.H. incompetent. The charges against him were thereafter dismissed.
  • USA v. Doug Alfieri

    Practice Area:
    White collar crime
    Date:
    Jun 28, 2006
    Outcome:
    Client sentenced to Home Detention
    Description:
    Mr. Alfieri was charged in a "pump and dump" scheme with Securities Fraud. He pled guilty and received a sentencing recommendation of 21 months. Mr. Colleluori travelled to Washington DC to watch the US Supreme Court arguments in US v. Booker/FanFan. After watching the arugment he urged Mr. Alfieri to wait on sentence until after the decision on US v. Booker and FanFan was released. Sure enough, Mr. Colleluori was right and the dreaded US Sentencing Guidelines were rendered advisory. Thereafter, Mr. Colleluori teamed with Ted Simon of Philadelphia Pa. and submitted an 80 page presentence report which convinced the court to depart from the guidelines and sentence Mr. Alferi to 6 months of home detention and 5 years probation. Colleluori also convinced the Deputy US Attorney to agree with the facts if not the conclusions in the Defense pre-sentence report.