New York, NY
Criminal defense Lawyer at New York, NY
Practice Areas: Criminal Defense, Litigation
OUTCOME: $9.1 Million wrongful conviction settlement
September 26, 2024: $9.1 Million Wrongful Conviction Settlement- Less than a year after filing a Notice of Claim with New York City, we obtained a $9.1 million pre-filing settlement of our potential s ... ection 1983 action on behalf of our client who was wrongfully convicted of murder and who served more than 30 years in prison.
OUTCOME: Firearms convictions reversed; balance of charges remanded for Franks hearing
June 9, 2023: Today, the Second Circuit, in an opinion by Judge Reena Raggi, vacated our client's two § 924(c) firearms convictions for a faulty jury instruction and remanded for a Franks hearing the r ... emaining counts, holding the district court erred in finding that critical evidence, seized pursuant to an illegal warrant riddled with inaccuracies, would inevitably have been discovered. Judge Raggi's opinion was joined by judges Leval and Pérez.
OUTCOME: Petition granted.
Eastern District of New York Judge Brian M. Cogan granted our habeas corpus petition in Spencer v. Capra, finding that Mr. Spencer had been denied a fair trial by the state court's refusal to permit th ... e defense to present substantial evidence in support of its frame-up defense. The Court found that the state court had unreasonably applied harmless error analysis in finding the error to be harmless.
OUTCOME: Three-week trial. Hung jury declared on third day of deliberations.
Client indicted for conspiracy, mail fraud and false statements in federal district court in Central Islip, NY (Hon. Joseph F. Bianco), stemming from alleged over-fishing of fluke (summer founder). Ev ... idence included testimony from alleged co-conspirator, business records, testimony from government agents and numerous charts supposedly supporting the government's theory of prosecution. Case tried by Levitt & Kaizer partner Richard Levitt and North Port attorney Peter Smith. Government eventually agreed to a deferred prosecution, which eventually resulted in charges being dismissed.
OUTCOME: Not guilty
Client charged with molesting minor family member. Trial in New York County. Verdict: Not guilty
OUTCOME: Not guilty
Client charged with molesting minor family member. Trial in New York County. Verdict: Not guilty
OUTCOME: Verdict for Plaintiff
We brought an arbitration proceeding against an executive of a large fashion company alleging sexual misconduct against our client and tried the case before an arbitrator. Verdict for Plaintiff.
OUTCOME: Attempted murder, strangulation, burglary dismissed. Plea to misdemeanor with no factual allocution, an unconditional discharge and a certificate of relief from civil disabilities.
Client was charged with entering the room of another guest at the hotel at which he was staying and attempting to murder her by strangulation. Through extensive investigation and forensics we discover ... ed he likely was drugged by a person who also stole his wallet, credit cards and iPad. Through our efforts the thief was arrested and prosecuted by the NYDA
OUTCOME: Sentenced to 18 months time served
Client charged with numerous violation of the Arms Export Control Act in U.S.D.C. Delaware and pleaded guilty to Conspiracy, with Sentencing Guidelines of 46-57 Months
OUTCOME: Conviction vacated; case dismissed
The Hon. Charles A. Apotheker, (AJSC, Rockland County), with the People’s consent, granted our motion under CPL Art. 440 to vacate the judgment of conviction and sentence entered upon our client’s plea ... of guilty to possession of a narcotic drug, thus paving the way for the return of the green card taken upon the client’s conviction in 1969. Because his country of birth had refused to issue to him a new passport given that he has been in the U.S. more than 50 years, the client has been a “man without a country” under constant thereat of deportation.