Representative Cases

GreenĀ & Willstatter Criminal Cases

Federal and State Cases

Some of the criminal cases, which have been successfully handled by the attorneys at Green & Willstatter, are described below. Please be aware that prior results do not guarantee a similar outcome.

We have won appeals for many clients facing long prison terms. Some examples of successful appeals include:

  • An innocent man who was freed after serving time in state prison for a sex offense he did not commit;
  • A man convicted of drug offenses whose prison sentence was substantially reduced, after we persuaded a Federal appellate court that the original sentence was illegally imposed; and
  • A client serving eight years for rape who was freed, after we convinced an appellate court in upstate New York that he did not receive a fair trial.

Our post-conviction work also includes motions brought before trial courts seeking to overturn convictions based on newly discovered evidence and other grounds. Our services are also sought by resident aliens who have lived and worked in this country for many years. As a result of tougher immigration laws, many aliens face deportation because of criminal convictions that occurred years in the past and which are now coming back to haunt them. We can apply our experience and our knowledge of criminal procedure to examine the records of those old convictions and develop arguments for overturning them.

Below is a sampling of reported cases we have argued:

Federal Cases

Ferrell v. United States, 125 S. Ct. 1071 (2005)(Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 2005 U.S. LEXIS 628 (2005))

Wint v. United States, 125 S. Ct. 1055 (2005)(Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738, 2005 U.S. LEXIS 628 (2005))

United States v. Ramirez, 420 F.3d 134 (2d Cir. 2005) (dismissing visa fraud counts for lack of venue)

Bank of China, New York Branch v. NBM, LLC, et al, 359 F.3d 171 (2d Cir. 2004), cert. dismissed 126 S.Ct. 675 (2005) (reversing $106 million civil RICO judgment due to incorrect jury instructions and improper use of witness as expert)

United States v. Zakhary, 357 F.3d 186 (2d Cir. 2004), cert, denied, 2004 U.S. LEXIS 4147, 72 U.S.L.W. 3740 (U.S. June 7, 2004)(vacating illegally imposed restitution order)

Zucker v. Menifee, 2004 U.S. Dist. LEXIS 724, (S.D.N.Y. January 21, 2004)(finding Bureau of Prisons revised policy on admission of prisoners to halfway houses unlawful)

United States v. Oskowitz, 294 F. Supp. 379 (E.D.N.Y. 2003)(finding that government’s forensic document examiner may not testify as to conclusion that defendant’s handwriting matched a questioned document)

Institutes of Applied Human Dynamics v. Mutual of America, 2003 U.S. Dist. LEXIS 16094 (S.D.N.Y. September 12, 2003)(dismissing ERISA Fraud complaint for lack of particularity)

United States v. Fuller, 332 F.3d 60 (2d Cir. 2003)(finding trial counsel incompetent for failing to properly file notice of appeal and remanding for re-sentencing)

United States v. Guevara , 277 F.3d 111 (2d Cir. 2001), on rehearing, 298 F.3d 124 (2d Cir. 2002), cert. denied, 123 S. Ct. 1613 (2003) (application of Apprendi v. New Jersey principles to mandatory minimum sentencing in narcotics cases)

United States v. Zagari, 111 F.3d 307 (2d Cir. 1997) cert. denied sub nom Shay v. United States, 522 U.S. 988, 118 S.Ct. 455, 139 L.Ed.2d 390 (1997)(vacating sentencing based on ex post facto error)

United States v. Garrison, 95-5252, 1996 U.S. App. LEXIS 5827 (4th Cir. March 29, 1996) (vacating sentence and remanding for new sentence; client sentenced to substantially reduced term on remand)

New York State Cases

People v. Gomcin, 2007 N.Y. LEXIS 323, 2007 NY Slip Op 2590 (March 27, 2007)(affirming suppression of contraband based on an unreasonable search of the defendant)

People v. Marc D., 12 Misc. 3d 130A; 819 N.Y.S.2d 212 (App. Term. 2d Dept. 2006)(conviction reversed and dismissed as against the weight of the evidence).

People v. Donald Greaves, 1 A.D.3d 979, 767 NYS2d 530 (4th Dept. 2003)(In the first degree rape trial, the trial court improperly charged the jury as to physical force and threat of harm, where the indictment and bill of particulars did not accuse defendant of forcibly compelling the victim by physical force. Client, who was originally sentenced to 8 years in prison is now free)

Annuziato v. Kar Grabber Mfg. Co., 298 A.D2d 476 (2d Dept. 2002)(reversing summary judgment motion against plaintiff)

In re Tamara G ., 295 A.D.2d (1st Dept. 2002)(in a custody proceeding, the trial court erred in divesting a father of all visitation rights based on an allegation of sexual abuse when the testimony from experts at the hearing was conflicting; the court did not utilize an independent expert)

Keenan v. Mitsubishi Estate, New York , 228 A.D.2d 330 (1st Dept. 1996)(reversing order and reinstating action; trial court erred by granting defendant’s motion to declare the filing of the summons and complaint a nullity and denying plaintiff’s cross motion to amend the summons).

People v. Baba-Ali, 179 A.D.2d 725 (2d Dept. 1992) (trial counsel’s incompetence and prosecutorial misconduct required reversal; charges were eventually dismissed and client ruled innocent)

Property Clerk, NYPD v. Pagano , 170 A.D.2d 30 (1st Dept. 1991)(reversing forfeiture of parents’ BMW despite finding that their son used the vehicle illegally)

Prior results do not guarantee a similar outcome