Poughkeepsie, NY
Appeals Lawyer at Poughkeepsie, NY
Practice Areas: Appeals, Litigation
OUTCOME: Judgment for former wife affirmed, rejecting former husband's claim that the terms of the settlement agreement had been orally modified.
In matrimonial post-judgment enforcement proceeding, former wife (my client) won judgment against former husband for unpaid maintenance ("alimony") and medical insurance expenses. Husband appealed.
OUTCOME: Prison sentence vacated and case sent back to trial court for resentencing. DA agreed to 5 years' probation and to accept client's Social Security checks for 5 years in full satisfaction of $330,000 restitution. Client was not returned to prison.
In grand larceny prosecution of real estate attorney who misapplied escrow funds, trial court imposed maximum 5-to-15-year prison sentence upon defendant's failure to make $50,000 down payment on resti ... tution. Trial court did not conduct adequate inquiry on whether failure to make down payment was "willful." Defendant appealed.
OUTCOME: Dismissal of complaint reversed and new trial ordered, which resulted in $4 million verdict. Defendants appealed that; case settled for around $3 million.
In motor vehicle case where client required 2 spinal fusions, trial court gave improper jury instructions on the injuries. Jury found for defendants; client appealed.
OUTCOME: Court of Appeals, New York's highest court, reversed conviction and sent case back for new trial. DA chose not to retry case.
While deliberating in sex crime prosecution, jurors were allowed to take a break and go home for dinner, in violation of a statute that required deliberating jurors to be "continuously kept together." ... Trial counsel failed to object, so I argued that this was a "fundamental error" that did not need to be "preserved," i.e., raised in the trial court.
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