Charge: Sexual Abuse in the First Degree. Facts: Client charged with molestation of 4-year-old girl in front of victim’s mother. Client a 2nd felony child sex offender and discretionary persistent felo...n (New York’s 3 strikes statute). Prosecutor’s offer: 15 years – life. Courtroom Advocacy: Adopted reasonable doubt defense that persuaded jurors to be patriotic in giving client a fair trial by jury.
Criminal defense
People v. S.M.
Feb 28, 2014
OUTCOME: Full acquittal
Charge: Criminal Possession of a Weapon in the Second Degree (firearm), et al. Facts: Caribbean-American male stopped and frisked after arresting officer allegedly saw him adjusting his waistband. Loa...ded pistol allegedly recovered from client’s waistband. Written confession obtained at precinct. Client’s exposure if convicted – 3 ½ - 15 years’ imprisonment, no alternatives to incarceration. Courtroom Advocacy: At trial, impeached arresting officer with past allegations of misconduct, using documents obtained through defense counsel’s investigation. Cross-examined firearms detective that compelled client’s alleged confession, raising issues of why client was alone in interrogation room with detective, and lack of videorecording in interrogation procedures. In closing argument, linked plight of client, who was wearing a hooded sweatshirt at time of arrest, to contemporaneously litigated Trayvon Martin case in Florida.
Criminal defense
People v. S.P.
Nov 14, 2013
OUTCOME: Full acquittal
Charge: Burglary and Robbery in the First Degree (home invasion), et al. Facts: Client charged with gunpoint robbery of alleged victim inside her apartment. ∆’s DNA found at scene. Prosecutor’s offer...: 16 years – life. Client a mandatory persistent felony (life sentence required if convicted). If convicted of any felony, mandatory exposure to life imprisonment. Courtroom Advocacy: At trial, impeached complaining witness with recorded conversation, obtained through defense counsel’s investigation.
Criminal defense
People v. T.J.
Nov 21, 2011
OUTCOME: Full acquittal
Charge: Criminal Possession of a Weapon in the Second Degree (firearm), et al. Facts: At West Indian Day Parade, 30-year-old Brooklyn father alleged to have thrown loaded, semiautomatic firearm to grou...nd in direct view of NYPD officer. Client’s exposure if convicted – 3 ½ - 15 years’ imprisonment, no alternatives to incarceration. Courtroom Advocacy: In trial preparation, discovered arresting officer’s membership in Facebook group called “No More West Indian Day Parade,” in which NYPD officers used racial slurs and profanity in describing Brooklyn’s Caribbean-American community. Over prosecutor’s objection, successfully argued for and gained admission into evidence of officer’s Facebook page.