People v. John Doe (Supreme Court, New York County)

" video doesn't lie"

Charges:

• Criminal Possession of a Weapon in the Second Degree.

• Client is alleged to have been stopped by the police for turning without signaling. Police say as they approach vehicle they observe the outline of a gun in the map pocket behind the driver's side seat. A 9 mm gun was recovered .

Defense:

• The police could not have actually made said observation. An outline was not visible. Client actually lived in another state and was licensed to carry this gun as well as another 9mm.
  
  Client was instructed when he returned to his home state to photograph the map pocket with his other 9mm
  inside (demonstrating that an outline was not visible). Client was also instructed to make a video showing
  him putting the gun in the map pocket of the same car .
  
  At the suppression hearing client testified and provided video showing that the an outline of a gun was clearly
  not visible.

Result:

• Judge determined based on the video that an outline of the gun was not visible, therefore the police had no lawful basis to search the map pocket. Suppression was granted and the case was dismissed. Client is happily back in his home state doing well working as an accountant.
  

People v. John Doe (Supreme Court, Kings County)

"metro card defense"

Charges:

• Robbery in the First Degree, Criminal Possession of a Weapon, Possession of Stolen Property.

Allegation:

• Client is alleged to have committed two gun point robberies of auto parts stores along with a co-defendant.
  He was picked out by three different people who indicated that he was the trigger man.

Defense:

• Wrong guy. Client had a student MetroCard. By subpoenaing the records associated with the card we were able
  to establish that he would have been on a bus at the time of the Robbery on the opposite side of Brooklyn.
  Employer was called as a witness to establish client was working all day prior to getting on the bus to go home.

Result:

• After turning down an offer of 10 years, client was found not guilty in a little over an hour.
  

People v. John Doe (County Court, Nassau County)

"just because I have the bloody knife does not mean I used it"

Charges:

• Assault in the First Degree, Criminal Possession of a Weapon.

Allegation:

• Client is alleged to have stabbed a patron during a melee from a bar fight which spilled out on to the street. When
  the police arrive they find client standing near the victim with a bloody knife in his hand. All patrons from the bar
  point him out as the stabber.

Defense:

• Wrong guy. Client and his friend were in a bar arguing with each other.The friend accidentally bumped into
  the girlfriend of the soon to be victim. Words are exchanged and the friend leaves bar and is followed by the
  victim. The friend is chased be victim and other patrons of the bar. The friend turns around during chase and
  stabs the victim. Clients leaves the bar and is running after his friend. The friend doesn't know it is our client,
  turns around and stabs him in the leg. The friend runs,and the police find our client holding bloody a knife in
  his hand which he just pulled from his leg. He is pointed out by the bar patrons as the stabber.
  
  During the course of trial numerous witnesses told contradictory versions of event.Our clientt testified and explained
  what actually occurred. We had to convince him he could win at trial. This is our only case where we over-ruled
  a client. He was understandably afraid of the risk of going to trial and wanted to take a plea to three years.

Result

• Not Guilty. Client has relocated, started a family and is doing well.
  

People v. John Doe (Supreme Court, Queens County)

"just because I have his money doesn't mean I robbed him"

Charges:

• Robbery in the First Degree, Criminal Possession of a Weapon in the Second Degree.

Allegation:

• Client is alleged to have committed a gun point robbery of cabbiewhile posing as a passenger.

Defense:

• This was an attempted fare beat gone bad. Client testified that he called cab and during ride cabbie sensed client was going to leave the cab without paying. Cabbie returned to where he picked up client and told him to get out of the cab. Client got out but returned to cab to retrieve his cell phone left in rear seat. Driver did not let client open door. Fight ensues. Client retrieves phone finds money on the ground where it dropped out of driver's pocket during fight. He takes money and runs.

Result:

• Not guilty. Client's use of force was during the course of a fight, not for purposes of taking money. Taking of the money was Larceny, a crime for which he was not charged.