Ms. Greco was charged by the Nassau County District Attorney's Office with Assault with a Dangerous Weapon...an egg!! She was accused of acting in concert with 4 others with throwing an egg from a moving vehicle and it negligently hitting a child in the face, cracking and a piece of shell damaging the child's eye causing a permanent loss of some eyesight.
Our argument was that the egg was not a dangerous instrument, nor was this so negligent as to rise to the level of a misdemeanor much less a felony. Our office convened a mock grand jury and prepared the client to testify in her own defense.
The three other boys, all entered pleas to a misdemeanor assault. Our client went to the Grand Jury and convinced them that her act and that of the others was nothing more than a terrible accident. The grand jury found her innocent. They found there was NO PROBABLE CAUSE to find a crime.
People v. Gutierrez et.al.
Apr 04, 2005
Weapon supressed case dismissed
Nassau Police Officers responding to a call for "shots fired" see a car coming from the vicinity of where the shooting occured. They notice 5 individuals in the car and run the plates finding that the car is registered to an address in Cambria Heights a fair distance away from the scene. After following the car a short distance the police arrest the driver, notice blood on the hands and shirt of another passenger and pull all of the passengers out. They then immediately search the vehicle and find a hand gun under the seat mat of the back driver's side passengers seat.
The defense argued that the stop was nothing more than a hunch based in part on the color of the driver and passengers. That even if the stop was a good one, the search thereafter was not and that the statements and gun had to be supressed. The court agreed. The case was dismissed.
US v. Tristan S.
White collar crime
Client charged with mail and bank fraud as well as embezzelment. Client suffering from depression and allegedly committed acts because he was trying to stop ex-wife from taking child away from him.
We immediately referred the client to a forensic Psychotherapist and devled into the matrimonial action. Interviews with family and co-workers gave us reason to believe that the client was under extreme emotional distress at the time of the acts that gave rise to the charge. Icing on the cake was in speaking to the client's ex-employer and the victim in the case, he agreed that he did not want the client prosecuted any further and that the client was not thinking clearly. He described a client who within days of the family court action became withdrawn, non-communicative and depressed to the point of appearing to be suffering from some type of mental breakdown.
Armed with all of this material and a diagnosis from the psychotherapist, Attorney Colleluori met with the AUSA in charge of the case as well as the postal inspector who investigated the matter and negotiated a deferred prosecution. Client was able to resume his career and the charge was wiped from his record.
People v. Rabbi Morris Talansky
Not Guilty All Counts
Rabbi Morris Talansky was an American businessman who raised money for Israeli charities and politicians.
In July of 2007 the Rabbi, was accused by his former dentist a then 83 year old man, of assaulting him in a dental lab in front of others.
An investigation led by Mr. Bontempo ensued and unearthed witnesses who said the assault never occured.
In the meantime, Rabbi Talansky was called to testify in a Corruption case in Israel involving then Israeli Prime Minister Eruh Elmurt. Elmurt later stepped down as Prime Minister. With a criminal trial awaiting in Israel the NY Assault case took on International significance.
The Nassau District Attorney's office thereafter undertook a campaign to convict Rabbi Talansky and tried what appeared to be a very serious case of assult.
In the end however it turned out that the complainant appeared deluded and confused on the stand and that he had complained of injuries to his body that he said were caused by Talansky that he had had before the confrontation. Further police Testimony failed to hold up and the witnesses for the defense were able to convince the judge to acquit Rabbi Talansky on all 4 counts of the charge.