appellate advocacy IN NEW YORK STATE AND FEDERAL COURTS

SUCCESS STORIES

  • Matter of Abbatoy v Baxter (Appellate Division, Fourth Department, 2024): Court compels production of disciplinary records.  David brought an Article 78 case against the Monroe County Sheriff and nine members of the Monroe County Sheriff's Department to compel the production of police disciplinary records.  The Sheriff refused to provide disciplinary records pursuant to a lawful FOIL request.  Although the legislature repealed any confidentiality protections for police disciplinary records in 2020, the Sheriff still refused to comply.  The Fourth Department's decision makes clear that all disciplinary records must be disclosed, even those in existence before the new law in 2020.   
  • People v Zona (Appellate Division, Fourth Department, 2024): New trial granted.  The Appellate Division agreed with David that the prosecutor's proof made it, "impossible to verify that each member of the jury convicted defendant for the same criminal act".  The court found that the proof was "duplicitous" and reversed the conviction, granting the client a new trial.  
  • Dutton v YMCA of Buffalo Niagara (Appellate Division, Fourth Department, 2022): Civil complaint reinstated.  The Appellate Division reversed the lower court's decision and reinstated the complaint of a victim who alleged that he was sexually abused by an employee of the YMCA.  The court accepted the argument that there was a question of fact regarding the applicability of the de facto merger doctrine.  
  • People v Gardner (Appellate Division, Fourth Department, 2022): Burglary conviction reversed.  The Appellate Division accepted the firm's argument that the trial judge erroneously admitted hearsay evidence at the burglary trial.  The court clarified the law related to the "present recollection recorded" exception.  
  • Snow v Rochester Police Department (Appellate Division, Fourth Department, 2021):  Successful appeal in civil rights case.  The Appellate Division agreed that the case of police brutality should proceed to trial on the question of whether the police used excessive force.  
  • People v Meyers (Appellate Division, Fourth Department, 2021):  Murder conviction remanded for reconstruction hearing.  The Appellate Division granted the firm's request to hold a reconstruction hearing after the stenographer lost large portions of the client's transcript, making an appeal essentially impossible.   
  • People v Mineccia (Appellate Division, Fourth Department, 2020):  Drug charges reversed and new trial granted.  The Appellate Division agreed that the client's jury trial waiver was invalid and granted a new trial.  
  • People v Bradbury (Appellate Division, Fourth Department, 2020): DWI conviction reversed and indictment dismissed.  The Appellate Division dismissed client's DWI conviction because it agreed with the firm's argument that the client was not operating the vehicle at the time of the arrest.  Client was relieved of all criminal liability;
  • People v Brown (Appellate Division, Fourth Department, 2020): Charge reduction.  Court reduced client's conviction for assault in the first degree and reduced the conviction to one for assault in the second degree because the prosecutor failed to prove that the client caused a "serious physical injury" by shooting the complaint in the abdomen.  
  • People v Moore (Monroe County Court, 2019): Misdemeanor charges dismissed.  The firm exposed the district attorney's unlawful method of removing cases from town court without notice to the defendant or an opportunity to be heard before removal.  Client's case reversed because of lack of jurisdiction and improper procedure.  See news coverage of the case here, and here.
  • Matter of Russell v Russell (Appellate Division, Fourth Department, 2019): Child custody case successfully defended.  The firm successfully defended against mother's appeal in child custody matter.  The court agreed with the firm that our client was the more fit parent and that custody with the father was in the child's best interests.  
  • Matter of Delgado v Vega (Appellate Division, Fourth Department, 2019):  Reversal in child custody case.  The firm convinced the Appellate Division to vacate a child custody order upon a finding that the father failed to serve the custody order.  The matter was remanded for a new hearing, requiring father to prove the service was valid.  
  • People v Swain (Appellate Division, Third Department, 2019):  Appellate Division agreed with firm's arguments that defendant was unlawfully arrested during a police sweep following reports of a shooting.  
  • People v Downey (Appellate Division, Fourth Department, 2018):  Burglary conviction reversed and new trial granted.  Client's conviction for violent felony, burglary in the first degree, was reversed and the matter was sent back for a new trial.  The Appellate Division concluded that the trial judge gave a prejudicial jury instruction.  
  • People v Taylor (Appellate Division, Fourth Department, 2018): Arson charges dismissed and reduced.  The court agreed with David's argument that the arson charges should be dismissed and reduced.  The proof at trial showed that the individuals inside of the burned home died before the fire.  This meant that the client could not be guilty of Arson in the Second Degree because that crime requires proof that there was "another person" who was killed in the fire.  Since the definition of "person" in the Penal Law does not include people who are not alive, the charges could not be sustained.  
  • People v Solivan (Appellate Division, Fourth Department, 2017):  Suppression granted, charges dismissed.  The firm successfully defended client in a prosecution for criminal possession of a weapon in the second degree.  The court suppressed the gun and released the client from state prison, absolving him of criminal liability.  
  • Stiggins v Town of North Dansville (Appellate Division, Fourth Department, 2017):  Civil complaint reinstated.  Firm convinced the appellate court to reverse a summary judgment motion in a wrongful death case.  The client's case was restored to the calendar for trial.  
  • Matter of Schoenl v Schoenl (Appellate Division, Fourth Department, 2016):  Firearm license restored.  Court restores Rochester Police Officer's permission to possess a firearm after erroneous revocation of right by Monroe County Family Court;
  • Wagner v Wagner (Appellate Division, Fourth Department 2016):  Divorce case reversed.  Court reversed decision in divorce case and remanded the case for a further fact-finding requiring husband to fully account for payments made toward marital debt;  
  • Laboy v Ontario County (Second Circuit Court of Appeals, 2016 WL 4719052): Civil rights claim reinstated.  District court's order dismissing civil rights case for wrongful arrest reversed for further analysis of whether there were sufficient allegations that Ontario County engaged in a "policy and practice" of unconstitutional arrests.   
  • People v Jose Torres:  (Monroe County Supreme Court, 2016):  New trial granted in case of wrongful conviction.  Conviction for Murder in the First Degree vacated upon presentation of newly discovered evidence at CPL 440 hearing; see news coverage here, here, here, here, and here ;
  • People v Harper (Appellate Division, Fourth Department, 2015): Conviction for Robbery in the First Degree dismissed because of a lack of corroboration;
  • People v Roland  (Appellate Division, Fourth Department, 2015): Court reduced defendant's sentence imposed for Robbery in the First Degree;
  • People v Slade (Appellate Division, Fourth Department, 2015): Court suppressed defendant's statements in prosecution for drug sale and possession;
  • Seifert v Pastwick (Appellate Division, Fourth Department, 2014):  child custody order reversed and matter remanded for a new custody trial.  
  • People v Heatley (Appellate Division, Fourth Department, 2014):  Murder conviction reduced to manslaughter.  
  • People v Laboy (Appellate Division, Fourth Department, 2014):  Conviction for assault against a police officer dismissed.  Client released from state prison. 
  • People v ML:  (Monroe County Court, 2014):  Harassment conviction stayed pending appeal; client released from local jail; conviction later overturned on appeal to County Court.  
  • People v GG  (Genesee County Court, 2014):  DWI conviction stayed pending appeal.  Client released from local jail; DWI conviction reversed for new trial. 
  • People v RP (Monroe County Court, 2013):  DWI conviction stayed pending appeal.  Client released from home confinement; conviction reversed by County Court.    
  • People v Martinez (Monroe County Court, 2013):  Conviction for aggravated harassment reversed and accusatory dismissed.  Client relieved of all criminal liability.  
  • People v Douglas Lee (Appellate Division, Fourth Department, 2012):  Burglary conviction dismissed after appellate division's ruling that police violated client's Fourth Amendment right to be free from unlawful seizure.  Sentence reduced.  
  • Mukuralinda v Kingombe (Appellate Division, Fourth Department, 2012):  Child custody order reversed.  
  • Frey v Mims  (Appellate Division, Fourth Department, 2012):  Client permitted to relocate to Louisiana with child and custody order is affirmed.  
  • Porter v Nesbitt (Appellate Division, Fourth Department, 2010):  Child custody order reversed; child returned to mother.  
  • People v Antonetti (Appellate Division, Fourth Department, 2010):  Felony plea vacated and matter returned to court for a jury trial.  
  • People v Green (Appellate Division, Fourth Department, 2010):  Sentence reduced in homicide/gun possession case.  
  • People v Bungo (Appellate Division, Fourth Department, 2009):  New trial granted in criminal contempt case.  Client's statement suppressed.  
  • People v Ellison (Appellate Division, Fourth Department, 2007):  Drug sale charge dismissed following suppression of evidence in illegal search.  






















* Past successes do not guarantee future outcomes.