Criminal Law

U.S. v. Krown, et al., 675 F. 2d 46 (1982). Mr. Liotti's client was James Feeney. Affirmed in part; reversed and remanded in part with directions. Massive mail and wire fraud case involving six defendants. Five weeks on trial before the Hon. Lee Gagliardi. Defendant testified before the United States Senate. Widely written about in Time, Rolling Stone and Jack Anderson column's for his efforts to extradite fugitive financier Robert Vesco and for uncovering "Billygate," a scheme involving President Carter's brother, to import oil into the United States from Libya against an oil embargo then in effect. Other charges in Oklahoma and Denver were dismissed. Mr. Liotti represented the defendant on trial and on appeal. The highlight of this case was an “agency wide search” subpoenaed by Mr. Liotti, causing the Attorney General of the United States, Hon. William French Smith to appear and oppose disclosure because it jeopardized, in his view, national security interests.

U.S. v. Benedetto, No. 81 Crim 0073 (LBS), U.S. District Ct. for the Southern District of N.Y., 1982 U.S. Dist. LEXIS 11199, January 28, 1982. Bank fraud case in the Southern District of New York. An eleven week trial before the Hon. Leonard Sand and an appeal.

U.S. v. Calvin Bein, et al., 728 F. 2d 107 (2nd Cir. 1984) LEXIS 19966, January 18,1983. Two cases plus an appeal. One of the cases involving EK Capital resulted in a five week long trial with five co-defendants. The case was tried before Hon. Constance Baker Motley and Mr. Bein was the leading defendant. He had been previously convicted in New York, N.Y. in the longest criminal trial in the state's history. Mr. Liotti did not represent Mr. Bein on the state case which involved similar charges. The first federal case was prosecuted by the Chicago U.S. Attorney's Office and involved an alleged, massive Commodities Fraud scheme. Mr. Bein received a sentence of 3 years consecutive to his sentence of 18 months. In addition, Mr. Liotti represented Mr. Bein on a second federal case (again commodities fraud) where he was the lead defendant in a matter before Hon. Charles Stewart. Mr. Bein pled guilty to three counts in satisfaction of the forty-seven counts returned against him. He received a concurrent sentence to the sentences previously imposed. His convictions were affirmed and reversed, in part, on appeal. Rule 35 motions for a reduction in sentence were denied.

In Re Manchester Equipment Co. (1988-1991) Major federal tax investigation in Southern District of New York against the Company and its principals. This lengthy tax and commercial bribery investigation resulted in the Government declining to prosecute. Mr. Liotti was also successful in securing a gag order against the United States Government, its Attorneys, Agents and cooperating witness. In addition, a motion to quash a subpoena duces tecum was also successful in substantially scaling back the scope of documents made available to the Government. Originally the Government had requested over 1 million documents from Mr. Liotti's clients. The defense was entirely successful primarily due to Mr. Liotti's strategy of exposing the Government's informant, a former disgruntled employee of the target, as vengeful and the source of Grand Jury leaks to the media. Also, Mr. Liotti threatened to sue the United States Government for causing the undoing of a 25 million dollar merger and acquisition. See, Chartock, David S., I.R.S. Investigating Manchester Equipment, Computer and Software News, July 25, 1988; Bunis, Dena, Cheyenne and Manchester Call Off Merger, Newsday, September 20, 1988 at 41 & 45; Cheyenne, Manchester, Call Off Proposed Merger, Computer Reseller News, September 26, 1988 at 22; Bunis Dena, Firm Says Talk Of Settlement Could Unsettle Merger Plans, Newsday, August 15, 1988, Business Section at 3; Bunis, Dena, Manchester File Reveals Payment, Newsday, August 24, 1988 at 53 and 57; Topping, Robin, Computer Case Gag Order, Judge Bars Disclosure of Information From Court Files, Newsday, August 4, 1988; Vincent, Stuart, In `Unusual' Ruling, Judge Keeps Gag Order In Effect, Newsday, August 6, 1988; Quittner, Joshua, Judge Reverses Himself, Orders Unsealing of File, Newsday, August 23, 1988 at 29.

People v. American Consumer Marketing and U.S. V. American Consumer Marketing, massive "boiler room," mail fraud, RICO case. Defendants pursued by claimants and prosecutors throughout the United States. Over one million dollars in restitution paid. Defendants (2 principles) represented by Mr. Liotti received straight probation. Civil RICO cases in Denver and Tucson also successfully terminated by dismissals. Mr. Liotti also represented other companies in this and related prosecutions. One such company was Knockout Data. Mr. Liotti managed to successfully defend his clients against innumerable actions throughout the United States. He entered into a Consent Decree with the New York State Attorney General's Office, terminating the civil suits commenced by that Office against his clients.

U.S. v. Mauricio Rojas, 2006 WL 637142 (U.S. Court of Appeals for the Third Circuit). Trial counsel and Of Counsel on the appeal with Stephen Robert LaCheen of Philadelphia, PA. See Joseph A. Slobodzian, Cocaine Trafficker Is Back In Philadelphia, Mario Rojas Jr. Was Arraigned. In 1998 He Offered $3 Million to a Trooper, then Fled Without Paying, The Philadelphia Inquirer, May 14, 2005. Conviction was affirmed. Trial counsel for Mr. Rojas and assisted Stephen R. LaCheen, Esq. of Philadelphia on the appeal.

U.S. v. Jonathan Giannone (District Court of South Carolina, Columbia Division, Judge Currie). Wire fraud and identity theft. One week jury trial for credit card fraud. Convicted and sentenced to 65 months. Case on appeal. Mr. Liotti represented the defendant at trial and has been assigned by the Fourth Circuit under the Criminal Justice Act to represent the defendant on appeal.

People v. John Daly, (County Court, Nassau County, Hon. Donald DeRiggi) Mr. Liotti represented Mr. Daly at sentencing and now on his appeal. See New York Law Journal, Long Island Edition, Decisions of Interest, Significant Rulings Summarized, Criminal Practice, December 16, 2002 LI-7. Also CBS Television Nightly News, November 9, 2006, 5:45 p.m. - a broadcast concerning new evidence and the actual innocence of our client, John Daly.

People v. Karthaus, murder case, Nassau County (1993). Village Attorney of Rockville Centre stabbed to death by client, James Karthaus, a 25 year old bartender. Case presented to Grand Jury and defendant testified. No True Bill returned. Funeral Mass for Attorney, Slain Village Attorney James Seward Is Buried, Rockville Centre's Long Island News & The Owl, August 5, 1993 at 1. This article is about Mr. Liotti's client James Karthaus, accused of killing a lawyer. The Grand Jury returned No True Bill. See also, Bryceland, Kristen, Village Attorney Dies In Stabbing, The Rockville Centre Herald, August, 1993 at 1 and Death At The Breakers, Suspect Pleads Self Defense In Total Stabbing, Long Beach Herald, August, 1993 at 1; Weddle, Robert, `Sex Attack' Defense Clears Killer Barkeep, New York Post, August 26, 1993 at 7; Bryceland, Kristen, Seward's Killer Cleared, Rockville Centre Herald, September, 1993 at 1 and in the same paper, see the Editorial - The Case Is Closed And The Justice Is Hard To Take at 22; Grand Jury Fails To Indict Suspect Cleared In James Seward's Stabbing Death, Rockville Centre's Long Island, News and The Owl, Sept. 2, 1993 at 1; Fan, Maureen, Not Guilty Plea In Fatal Stabbing, Newsday, July, 1993 at 4; Baker, Al, Lawyer: Lie Test Backs Gay-Attack Slay Alibi, Daily News, August 4, 1993 at 9.; Rogers, Tony, No Charges In Lawyer Stab-Slay, Man Said He Feared Sex Attack, Daily News, Aug. 26, 1993 at 4; Fan Maureen, Lawyers Slay: Suspect Cleared Man Insisted It Was Self-Defense, Newsday, August 26, 1993 at 4 & 29; Fan, Maureen, Gay Group Assails Nassau D.A., Newsday, Sept. 2, 1993 at 22; and The Mouthpiece, Vici Column, Nov./Dec., 1994 at 26, Not a Walk in the Park But a Walk Nonetheless.

People v. Heitman, (1997, Kings County, Justice Greenberg). Client charged with conspiracy and criminal solicitation in that he is alleged to have procured the services of a "litman" to kill his girlfriend's husband. The complainant alleges that Heitman had a love affair with his wife. The girlfriend and her husband were involved in a bitter matrimonial and custody battle. It has been further alleged by the defendant that the complainant first hired a hitman, to wit: "Ronnie One Arm," to kill him because he was having an affair with the complainant's wife. Allegedly the defendant retaliated by hiring a "hitman" of his own for protection. The story was featured on all New York television stations and newspapers. Ben Mevorach of WINS (1010 AM Radio) has entitled the case as the "Case Of The Dueling Hitmen." See Heineken, Ellis, The Case of the Dueling Hit Men, Newsday, May 2, 1997 at A25; Fan, Maureen, Dueling Hit Tales In L.I. Triangle, The Daily News, May 3, 1997 at 6; Fried, Joseph P., 2 Men, 1 Woman, and Talk of Love and War, New York Times, May 4, 1997 at 39. An excerpt from the New York Times article describes Mr. Liotti's work on the case, to wit: "The way the defendant's lawyer tells it, it is the estranged husband who hired a hit man to kill the boyfriend. The charges and countercharges were occasioned by the boyfriend's indictment on conspiracy charges in Brooklyn last week, in a soap opera of a legal case bubbling with purported murder plots, a police sting and aggressive, publicity-savvy defense work. The defendant's lawyer sent out a news release with his client's version of the case even before the Brooklyn District Attorney's office made the indictment public." See, also, New York Law Journal, September 23, 1997 at 29 and 30. See also, Murphy, William Guilty Plea in Litman Case, Newsday, December 3, 1997 at A35. The following was attributed to Mr. Liotti in the story. "But a former lawyer for Heitman said yesterday that he was surprised at the guilty plea, but not surprised that the sentence would be the minimum. "`I expected this case would go to trial. I can't believe it was pleaded out,'" said attorney Thomas Liotti of Garden City.

People v. Feinstein, double vehicular homicide case, Suffolk County (1992-1994). Case was scheduled for Grand Jury presentment when defendant was represented by other counsel. Mr. Liotti negotiated to take the case off of the Grand Jury calendar, conducted an extensive investigation, including accident reconstruction and the District Attorney elected not to prosecute. Smith, Estelle Lander, Teen Won't Be Prosecuted In Crash, Newsday, (Suffolk edition) January 7, 1994 at 35. Before Mr. Liotti's entry into this double vehicular homicide case, it was scheduled for Grand Jury presentment. Liotti brought in investigators and an accident reconstruction firm. D.A. decided not to prosecute.

People v. Valjato (County Court, Nassau County, 1998, and U.S. v. Valjato, U.S. District Court, EDNY, Hon. Joanna Seybert presiding, successful appeal in Second Circuit Court of Appeals and remand jury trial and not guilty verdicts). Mr. Liotti represented Mr. Valjato, formerly a midshipman at the United States Merchant Marine Academy at Kings Point on sexual abuse charges. In State Court he made a motion to dismiss on jurisdictional grounds which was granted since the alleged crime occurred on federal land. He obtained a stay of state trial proceedings and a stay in the United States Court of Appeals for the Second Circuit on the release of student personnel records. State prosecutors asked federal prosecutors to prosecute the case which they did. State prosecutors then asked federal prosecutors to indict. See, Kessler, Robert E., Federal Charges For Ex- Cadets, Nassau Drops Sex-Assault Case As U.S. Prosecutors Take Over, Newsday, August 22, 1998 at A8 and Ojito, Mirta, Former Merchant Marine Cadets Face U.S. Molestation Charges, The New York Times, August 23, 1998 at 32; Blond, Kara, Ex-Female Cadet Describes Alleged Sex Attack at Trial, Newsday, July 8, 1999 at A26; Blond, Kara, Cadet Denies Making False Accusations, Newsday, July 9, 1999 at A34; Mariano, Willoughby, Judgment on Women in the Military?, Newsday, July 14, 1999 at A7; Mariano, Willoughby and Chen, Victor, Defense: Female Cadet at Faulty, Newsday, July 15, 1999 at A36; Mariano, Willoughby; Thomas, Katie and Chen, Victor, Guilty on Top Count, Mixed Verdicts in Sex Case at Kings Point, Newsday, July 16, 1999 at A6. See The 1999 Year In Review of year's most important legal developments and cases, New York Law Journal, January 7, 2000 at 8 and 9. The defendants were convicted on 2 counts and acquitted on 2 in a jury trial. The defendants moved for a new trial which was granted by Judge Seybert. The Government appealed and lost. Mr. Liotti represented the defendant at trial and on appeal. The decision was affirmed. On re-trial, the defendant was found not guilty. Mr. Liotti represented the defendant at trial and on appeal.

People v. Debra Ostroski (Southold Justice Court). A woman from the Town of Southold, represented by Mr. Liotti, commenced a lawsuit against the Town and certain police officers alleging brutality. See Tim Wacker, Series of Complaints Targets Police Dept., Suffolk Times, June 10, 1999. The defendant was charged with obstruction of governmental administration, resisting arrest, criminal mischief and harassment. The defendant went to trial before a jury in the Town of Southold. Mr. Liotti’s Associate tried the case. The defendant was found not guilty of all charges except harassment and received a sentence of a conditional discharge. See Michael Ebert, Woman Found ‘Not Guilty’ In Police Fight, Suffolk Life, November 27, 2002 and A Mixed Verdict In Southold Trial, The Suffolk Times, November 21, 2002.

People v. Eric Kelly, 288 A.D.2d 695 (3d Dept., 2001) 732 N.Y.S.2d 484 Mr. Liotti, with co-counsel, Alfred Mainetti of Kingston, New York, represented an attorney accused of sodomy of a teenage girl. See, Milgrim, John, L.I. Lawyer's Sodomy Trial Continues, The Times Herald-Record, Kingston, N.Y., Aug. 18, 1999 at 1. Subtitled: "Kingston: A Long Island lawyer has two lawyers representing him as he heads to trial on charges of forcibly sodomizing a teen"; Milgrim, John, Lawyer Disputes Rape Story, The Times Herald-Record, Aug. 19, 1999 at 5; Milgrim, John, Lawyer Takes Stand In Sodomy Trial, The Times Herald-Record, Aug. 25, 1999 at 10. Subtitle: "Kingston: A forcible sodomy trial is boiling down to the word of a 32 year old Long Island lawyer against the word of his accuser, a 16 year old Saugerties girl"; Milgrim, John, Jury Still Weighing Sexual Abuse Case. Subtitled: A Lawyer's Defense Team Said The Girl That Accused Him Of Sodomy Had Reason To Lie. The Prosecutor Said The Lawyer Had More Reason To Lie. The Jury Must Decide Who's Telling The Truth, The Times Herald-Record, Kingston, New York, Aug. 27, 1999 at 9; Lam, Chau, Jury: Lawyer Guilty of Sodomy, Newsday, Sept. 1, 1999 at A38; and O'Connor, Timothy and Milgrim, John, Ulster Jury Finds Lawyer Guilty of Statutory Sodomy, Kingston: A jury convicted Eric Kelly of statutory sodomy, but the Long Island lawyer was acquitted of forcible sodomy against a 15 year old girl, The Times Herald-Record, Kingston, New York, Sept. 1, 1999. Also, February 22, 2002 - Certificate denying the People Leave to Appeal to the Court of Appeals. The defendant was tried before a jury in Ulster County where he was found not guilty on five out of six counts. He then appealed with Mr. Liotti as his counsel and won a reversal. Thereafter, the charges against him were dismissed.

People v. H. Gill, Judge Claire Weinberg presiding, Nassau County District Court, B Misdemeanor, 1 ½ weeks on trial. Defendant, an Indian Sikh was charged with sexual abuse in the third degree, involving a patient at the Garden City Sleep Center. The complaining witness alleged that the defendant sexually abused her during a sleep apnea test. The Director of the North Shore University Hospital Sleep Center testified for the People as to appropriate sleep testing procedures. The defendant’s brother, a Medical Doctor and owner of the Garden City Sleep Center, testified as both an expert on sleep data and testing procedures as well as a fact witness. The defendant was found not guilty on June 27, 2000. Mr. Liotti was assisted during the trial by his Associate, Christopher Zeh. The complainant then sued the Garden City Sleep Center, the defendant and Dr. Gill. Mr. Liotti represented the defendants at the request of their carrier, One Beacon One. He settled the case for $20,000.00 with all fees being paid by the carrier.

People v. William Freeman - Mr. Liotti represented Mr. Freeman, the former Chairman of the Board of Miss Shelley’s Upward Bound Prep School in Roosevelt, Long Island. See Sid Cassese, Charge In Prep School Theft, DA: Ex-Chairman Stole $103G, Long Island lead story, Newsday, July 26, 2000 at A20; Steven Kreytak, School Official Pleads Guilty In Embezzlement, Newsday, August 16, 2000 at A47 and Chau Lam, Embezzler Pays Up, Avoids Jail Term, Newsday, November 14, 2002 at A28. The defendant paid $31,500 up-front in restitution and was fined $1,000 in lieu of jail or probation. He received a sentence of a conditional discharge for allegedly committing grand larceny in taking money from the treasury of Mis Shelly’s Upward Prep School, Long Island’s first private school for African Americans.

People v. Charles Stevens, CBS, 60 Minutes, April 15, 2000. An interview with my client and his parents on Kendra’s Law and the mentally ill. Mr. Stevens was shot at Penn Station by police after allegedly wielding a sword. See Thomas Hacket, Rikers Policy Hit, a Dead End For Ex-Inmates, Daily News, August 27, 2000 at 35. See also, Jayson Blocksidge, Sword Wielding Man Pleads Guilty, The Attorney of Nassau County, November, 2001 at 3. Defendant was sentenced to a halfway house.

People v. Robert Mammone, District Court, Nassau County. Hewlett High School football player accused of assault of another student football player on rival team. See Jason Molinet, Assault Charge On The Football Field, Newsday, December 1, 2000 at A3; Robin Topping, Teen: No Harm Intended, Football Player Charged In Assault Says He Never Meant To Injury Rival, Newsday, December 5, 2000 at A7; Tina Kelly, Debate After Football Injury: Aggressive Play vs. Assault, The New York Times Metro Wednesday, December 6, 2000 (Long Island) at B5; Jeff Lipton, Students Rally Around Football Player, Hewlett Fullback Pleads Not Guilty To Assault, Nassau Herald, December 7, 2000 at 9; Robert Snyder, H.H.S. Athlete Arrest Case Continues, Will Mammone Case Go To Trial, South Shore Record, The Newspaper of the Five Towns, December 14, 2000 at 1 and 2 and Editorial, The HHS Football Controversy, (this Editorial is written in support of Mr. Liotti’s client, Robert Mammone), South Shore Record, December 14, 2000 at 16; Steve Jacobson, The Last Word, For These Two, 17 Is A Very Bad Year, Newsday, Sunday Sports Section, December 17, 2000 at C23. December 18, 2000, District Court, Nassau County, Judge Cooper presiding. Case dismissed outright on prosecutor’s motion. Chau Lam, Hewlett Athlete Won’t Be Charged, Newsday, December 19, 2000 at A7; Steve Jacobson, Nassau DA Made The Right Call, Newsday, December 19, 2000 at A75 and Al Baker, Prosecutor Drops Assault Case Over Injury In L.I. Football Game, The New York Times, December 19, 2000 at B2. Dismissal also reported in the New York Law Journal on December 19, 2000 at 1, together with a statement from the District Attorney which stated that while Mr. Mammone’s actions were “unsportmanlike and inexcusable,” his opponent’s injury was “not the sole criteria to consider in deciding whether to prosecute.”

U.S. v. Rammelkamp, United States District Court, Eastern District of New York. Docket No. 01-CR-158-01. Mr. Liotti represents an alleged member of the Earth Liberation Front - a group of militant environmentalists with members throughout the nation and abroad. See Michael Luo and Robert E. Kessler, Teen Suspected In Eco-Attacks, Sources: F.B.I. Raids Family’s Home, Newsday, January 17, 2001 at A3; Robert E. Kessler, F.B.I. Subpoenas Police Records, Newsday, January 17, 2001 at A27; Stephanie McCrummen and Robert E. Kessler, F.B.I. Collects Evidence Near Teen’s School, Also Probing Other Suspects In Eco-Terrorism Attacks, Newsday, January 18, 2001 at A4; Robert E. Kessler, Sources: Teen Linked To ELF May Bargain, Newsday, January 19, 2001 at A38; Robert E. Kessler, Sources: 2nd Teen’s Home Raided, Newsday, January 21, 2001 at A5; Robert E. Kessler, Teen Guilty Of Arson, L.I. Eco-Terrorism Suspect Negotiates Plea Agreement, Newsday, February 11, 2001 at 1, A5 & A26; Stephanie McCrummen, Probing The ELF, Structure, Size Of Organization Still A Mystery, Newsday, February 11, 2001 at 1, A5 & A26; Erik Holm, 5 Protesters Arrested At Anti-Fur Demonstration, Newsday, February 12, 2001 at A17; Al Baker, Youths In Eco-Terror Are Reported Nearing Plea, The New York Times, February 14, 2001 at B5; Robert E. Kessler, Sources: ELF Acts Grew More Violent, Bid For Publicity Drove An Escalation, Newsday, February 14, 2001 at A4 & A25; Al Baker, Two Teenagers Admit They Set Fires To Help Radical Group, The New York Times, February 15, 2001 at B5; Robert E. Kessler, Suspect Pleads Not Guilty, 4th Teen Charged In Series Of Arsons Linked to ELF, Newsday, February 16, 2001 at A4; and Al Baker, A Federal Case In Suffolk: Eco-Terrorism Or Adolescence In Bloom?, The New York Times, Metro Section, February 18, 2001 at 33 & 34. Mr. Liotti quoted in this article, criticizing the Federal Government for bringing the case; Christine Houghney, Teenagers’ Activism Takes A Violent Turn, New York Youths Linked To Ecoterrorist Group, Washington Post, March 27, 2001 at A3; Robert E. Kessler, Teens Admit Arson Link, 2 Agree To Cooperate In Investigation Of ELF, Newsday, December 15, 2001 at A31. See also Robert E. Kessler, Juror Dismissed for Remarks in Activist Case, Newsday, May 12, 2004 and Robert E. Kessler, Earth Liberation Front, Sentence draws gasps - Supporters of former group member, given 3 ½ years for role in arsons, say the prison term is too harsh, Newsday, July 28, 2004 at A14. See also, Mitchell Freedman, Graduation - Then Prison - Environmental Activist Who Set Fire to New Housing Will Serve Time in Low-Security Facility After College, Newsday, September 2, 2006 at A10. The defendant was sentenced to six months. The case is now on appeal where he is represented by Mr. Liotti.

People v. Michael Maurice Mathie, (Suffolk County). In this case the defendant was charged with murder, pled to a manslaughter charge and received a sentence of 10-30 years. Ten years thereafter, Mr. Liotti was retained to represent him. The case is still pending. See Tina Kelly, The Stock Market Has Made Inmate 90T1282 a Rich Man, The New York Times, February 6, 2001 at 1 & B7. February 9, 2001, appearance on CBS Television’s Early Show, to discuss the case of Michael Mathie, 33, in jail for 11 years on a manslaughter charge. Mr. Mathie sued Suffolk County because he had been raped and sodomized by a Suffolk Corrections Officer. He then took that money, invested it in the stock market and has earned several million dollars in the process. See Kevin Lynch, Vicious Convict Makes A Killing In The Stock Market - From Behind Bars, The National Enquirer, March 6, 2001 At 6; Ellen Wulfhorst, New York Investor Plays Market From Behind Bars, Reuters, June 25, 2001and Ellen Wulfhorst, Stock-Savvy Inmate Who Made $900,000 Is Hoping For Parole, Reuters, June 25, 2001. Mr. Mathie retained Mr. Liotti to file a motion to vacate his conviction and to assist him in his parole applications as well as additional civil claims. So far, Mr. Mathie remains in jail.

People v. James Klapak (Suffolk County, June, 2001, Hon. Gaetan Lozito, presiding). Jury trial for one and one-half weeks involving a violation of a protective order. The defendant was directed to refrain from threatening, intimidating or harassing the complainant and was alleged to have violated the order by engaging in a verbal argument and threatening the complainant. The defendant was charged with criminal contempt in the second degree and was found not guilty following two days of jury deliberations.

People v. Brofman, (Dist. Ct., Nassau Cty.). See New York Law Journal, Long Island Edition, This Week’s News, May 7, 2001 at 1. Reported in Decisions of Interest, New York Law Journal, May 11, 2001 at 1, 17 & 24. ‘Frye’ Hearing Is Ordered to Assess ‘Chemobrain’ Defense to Shoplifting Charge. Defendant, a 55 year old psychologist, with no prior criminal record, was charged with shoplifting an $895 cashmere sweater from a boutique of Polo Ralph Lauren. Defendant moved to dismiss the charge against her, contending that she did not intend to steal the sweater. Defendant claimed that she was a breast cancer survivor, who at the time of the alleged offense, was suffering from “chemobrain,” a neuropsychological effect of chemotherapy treatment and related medications. According to defendant, “chemobrain” was a syndrome characterized by a general loss of focus, mental confusion, memory loss, cognitive impairment and decreased thinking clarity. Defendant sought to submit expert evidence to support her position. The court ordered a Frye hearing to assess the reliability of defendant’s proposed psychiatric/medical evidence. Thus, a decision on her motion was deferred pending the holding of the hearing. See the Mouthpiece, a publication of the New York State Association of Criminal Defense Lawyers, Vol. 14, No. 4, July/August, 2001 at 2 “...member Tom Liotti, who sought to introduce evidence that his client suffered from a condition termed chemobrain a syndrome resulting from chemotherapy and characterized by general loss of focus, mental confusion, memory loss, cognitive impairment, and decreased thinking clarity. The Nassau County district court judgment agreed to admit this evidence on the question of voluntariness of a statement and as a mental disease defense, subject to a Frye hearing.”

People v. William Martinez (Suffolk County Court, Hon. John N. Mullin, 2000-2002). The defendant was charged with two counts of Murder in the Second Degree (intentional murder and depraved indifference murder) for an alleged gang related stabbing in May, 2000. The defendant was offered a determinate sentence plea bargain of ten years which he turned down. Following pre-trial hearings, a three week long jury trial was held and the defendant was found not guilty of Murder in the Second Degree and guilty of Manslaughter in the First Degree. There were three identification witnesses and a full confession admitted into evidence against the defendant. See Indrani Sen, Man Recants Confession In Slaying, Newsday, April 27, 2002 at A15; and Robin Topping, Manslaughter Verdict In Stabbing of Man, Newsday, May 2, 2002 at A36. See also, Nick Iyer, Man Sentenced to 20 Years in ‘00 Bodega Slaying, Newsday, August 1, 2002 at A30.

People v. Cianfarano & Cavalier Auto Body, (Suffolk County, 2002). See Andrew Smith, 21 Charged In Insurance Scam, Spota: Repair Shops Add Damage To Cars, Newsday, December 23, 2002 at A16. These charges were dismissed against our client.

U.S. v. Arcangelo Cianfarano (Docket No. 06-CR-322-01, Hon. Arthur D. Spatt). State and federal charges involving insurance fraud by a criminal enterprise; money laundering and mail fraud. State charges and forfeiture proceedings dismissed. Money laundering charges dropped. Case involved inflated insurance claims by an auto repair enterprise. Pled to mail fraud on federal case. Received a sentence of 8 months at Ft. Dix, N.J.; a fine of $5,000.00; a surcharge of $100.00; no restitution and 3 years of supervised release. As of 2008 the case is pending on appeal.

People v. Alex Chavez, (County Court, Nassau County 2000-20001, Hon. Ira Wexner). This was a five defendant homicide case involving alleged members of a Salvadoran gang known as MS13. The alleged incident occurred in June, 2000 in Uniondale, NY. The main defendant pled guilty to manslaughter in the first degree and received a sentence commitment of 12 years. The defendant, Alex Chavez, represented by Mr. Liotti, who had a prior violent felony conviction, pled guilty to gang assault as did the remaining co-defendants. Mr. Chavez received a sentence commitment of 10 years. See Ann Givens, Gang Members Sentenced In Fatal Beating, Newsday, November 13, 2001 at A12. Mr. Liotti negotiated the pleas for all five defendants as the only retained counsel. All others were 18-B attorneys.

People v. Amerigo Vespucci, 192 Misc.2d 685, 745 N.Y.S.2d 391 (May 29, 2002) (County Court, Nassau County) See Theresa Vargas, 22 Years Later, Valley Stream Man Is Arrested In ‘79 Stabbing Of His Best Friend, Newsday, January 19, 2002 at 1 and A3; Robin Topping, A Legal Test On Breaking Privilege, Around The Island, Crime & Courts, Newsday, June 5, 2002 at A30 and Daniel J. Henry, Jr., Does the Attorney/Client Privilege Survive Death, The Mouthpiece, Vol. 16, No.4 9July/August, 2003) a publication of the New York State Association of Criminal Defense Lawyers. See Chau Lam, Guilty In 24-Year Old Killing, Man Admits Stabbing Friend, Newsday, September 24, 2003 at A27. See also, Chau Lam, After 24 Years, Prison, 3 to 9 Years for Killing Friend, Newsday, November 15, 2003 at A8 and Lisa Pulitzer, ‘79 L.I. Bar Killer Goes To Jail, New York Post, November 15, 2003 at 7.

People v. Donald Schildhaus (County Court, Nassau County, 2001 and Schildhaus v. Schildhaus, matrimonial in Nassau County, Supreme Court) Mr. Liotti represented a New York psychologist who pleaded guilty to obtaining an illegal hand gun for his wife so that she could commit suicide. The wife had tried to commit suicide 6 times before and on each occasion Dr. Schildhaus saved her life or facilitated her recovery. Finally, he gave into her demands that he get her a gun so she could kill herself. With the aid of a confidential informant and patient of Dr. Schildhaus, the police and District Attorney engaged in a “sting operation” and the controlled delivery of a gun to Dr. Schildhaus. See Chau Lam, Huntington, Man Pleads Guilty In Gun Buy, Newsday, December 19, 2001 at A27. Mr. Liotti also represented Dr. Schildhaus in his matrimonial case where his wife claimed “egregious fault” based upon the doctor’s efforts to obtain a gun so she could kill herself. That matter was settled.

People v. Crespo, Nassau County Ind. No. 56581. See Newsday, Thursday, October 20, 1983. Judge Throws Out Boy's Murder Confession and The Daily News, October 24, 1988 at 11, Boy, 15 Says He Killed Man In Sex - Sale Case. Confession suppressed. Plea of guilty to reduced charge of manslaughter. Defendant received a reduced sentence of 3-1/3 to 10 years.

People v. R. Serrano, (District Court, Judge Gartner) 5 Misc. 3d 509 and New York Law Journal, December 28, 2004 at 1, 17 and 19. See Forcible Touching Charge Against Officer Upheld Even Though He Did Not Forcibly Compel Victim. Policeman was arrested for “forcibly touching” a female dancer at an adult entertainment club. He moved to dismiss arguing there was no “forcible compulsion,” compulsion of the victim through the use of some power, threat, or violence, as is a necessary element of forcible touching. Forcible touching was a new crime passed after several groping incidents during the Puerto Rican day parade. The court explained that although, originally, the statute was sometimes interpreted to require forcible compulsion, it is now specifically legislatively provided to be only one of three manners in which lack of consent may result. Penal Law §130.05(2), as amended, now states that where the offense charged is forcible touching, lack of consent results from any circumstances “in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.” Finding the allegations therefore sufficient to support the element of lack of consent, the court upheld the charge. In April, 2005 the defendant consented to the entry of a guilty plea to harassment as a violation with no allocution, no fine and no order of protection.

People v. Paul Ramalhete, (Appellate Term, 9th & 10th Judicial Districts 2003-1745 N CR). Decided on April 15, 2005 with Justices McCabe and Tanenbaum concurring and Justice Covello taking no part. The Court modified Judge Leah Ruskin’s District Court sentence which included an extra $50.00 fine because the defendant wore jeans to court.

People v. Joseph Lops, New York County Criminal Court, December, 2007, Hon. Lawrence Stevens presiding. Four day jury trial on sexual abuse and forcible touching charges of employee. Not guilty on all counts. Client was a real estate broker at Douglas Elliman in Manhattan.

Lopez v. Scully, 58 F.3d 38 (2d Cir.1995). Represented defendant in federal habeas corpus case and hearing thereunder. Also represented defendant in state court proceedings to vacate plea and to exhaust ineffective assistance of counsel claims. The Second Circuit reversed and remanded for re-sentencing. See A. Anthony Miller, Garden City Attorney Aids in Federal Reversal, The Attorney of Nassau County and Joel Cohen, Outside Counsel, When A Client Claims His Lawyer Is “Ineffective,” New York Law Journal, May 7, 2001 at 1 5.

Jenkins v. Coombe, 821 F.2d 158 (1987). Reversed with directions. State Appellate Court committed constitutional error entitling defendant to habeas corpus relief by entertaining defendant's appeal without providing him with effective appellate counsel. Case has been cited with favor, by the Supreme Court of the United States on several occasions. 1986 W.L. 12527.

U.S. v. Juan Moises, 38 Fed. Appx. 644 (2nd Cir. 2002), 2001 WL 563469. See New York Law Journal, June 13, 2001at 1, 17 and 24 Court Follows ‘Apprendi v. New Jersey’ In Preparing To Determine Proper Sentence. Defendant was convicted by a jury of conspiracy to distribute and possess with intent to distribute five kilograms and more of cocaine (2,200 kilograms), but the jury did not make any finding concerning the quantity of drugs involved. The Probation Department concluded that defendant had distributed at least 2,200 kilograms of cocaine and recommenced an enhancement of defendant’s managerial or supervisory role in the offense. Mr. Liotti was not trial counsel. The Supreme Court soon after decided Apprendi v. New Jersey, 530 U.S. 466 (2000) and defendant, with his new counsel, Thomas F. Liotti, sought a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure. The instant court denied defendant’s motion, finding that, following Apprendi, the jury’s general verdict only authorizes this court to sentence defendant to the most lenient discretion to consider certain relevant factors when it will determine defendant’s proper sentence. The United States Court of Appeals for the Second Circuit decided on May 10, 2002. Summary order affirming conviction and sentence of 240 months; five years supervised release and a special assessment of $100. The defendant’s contentions were that he was improperly convicted on the basis of circumstantial evidence and hearsay; that a co-conspirator’s guilty plea allocution was improperly admitted into evidence and that his trial counsel was ineffective. In August, 2002 the defendant filed a Petition for Writ of Certiorari in the Supreme Court of the United States from the Second Circuit Court of Appeals in U.S. v. Moises. See the Mouthpiece, a publication of the New York State Association of Criminal Defense Lawyers, Vol. 14, No. 4, July/August, 2001 at 2, “...member Tom Liotti (again), who persuaded Southern District Judge William H. Pauley, III, to apply Apprendi to a conviction for conspiracy to distribute an unspecified amount of cocaine which was, according to the Probation Department at least 2,200 kilograms (907.2 kg.). The government had argued that the failure to charge the jury with determining the amount of cocaine was harmless since the jury would have found that more than 5 kg. was involved. See U.S. v Juan Moises, NYLJ, 6/13/01, page 24, col. 5.” The defendant is currently represented by Mr. Liotti in a pending habeas corpus proceeding.

U.S.A. v. John Gil, (E.D.N.Y., Hon. Raymond Dearie) 297 F.3d 93 (2nd Cir. 2002) Jan.-Feb., 2001, two week jury trial. John Gil, 46, of Floral Park, New York was convicted of conspiracy, mail fraud and money laundering charges. The charges stemmed from a contract that John Gil Construction, Inc. had with New York City O.T.B. to renovate and install new air conditioning systems in over twenty O.T.B. branches. It was alleged that Mr. Gil had conspired with subcontractors and O.T.B. officials to defraud O.T.B. by submitting inflated invoices for work done by sub-contractors. Mr. Gil alleged that he had additional costs not specified in the contracts but which O.T.B. officials asked him to do on an emergency basis. He did the extra work on an emergency basis and then added those costs to the subcontractors bills because he was told to bill it that way by O.T.B. officials. The Court charged that if Gil had the authority to bill it that way that he should be acquitted of the charges. Mr. Gil testified and called Assemblyman Adam Clayton Powell, Jr. as a witness to what O.T.B. officials told him. There was also a criminal forfeiture count and a jury determined that Mr. Gil would have to forfeit his 38 foot yacht, which was allegedly purchased with monies illegally obtained. See Graham Rayman, No Discipline Yet For O.T.B. Official, Newsday, February 9, 2001 At A16. United States Court of Appeals for the Second Circuit, July 17, 2002 - Co-Counsel for the Appellant on the brief with Herald Price Fahringer of New York, New York, 37 page Opinion, reversed and remanded for a new trial on all counts. See Tom Perrotta, Panel Overturns Fraud Conviction, Citing Memo Kept From Defense, New York Law Journal, July 18, 2002 at 1 and 4. “A federal appeals court . . . overturned the conviction of a contractor accused of defrauding New York City’s Off Track Betting Corporation, saying federal prosecutors suppressed evidence that would have aided the man’s defense” and New York Law Journal, July 22, 2002 at 1 and Decision of the Day, p. 18, col. 1. See also, Letter to the Editor by prominent New York attorney, Jay Goldberg, Defense Again Gets Benefits of Brady, New York Law Journal, August 14, 2002 at 2. The letter makes the point that the Gil case restored the importance and effect of Brady v. Maryland, 372 U.S. 83 (1963) and dethrones the case of U.S. v. Coppa, 267 F.3d 132 (2d Cir. 2001) not followed in any other Circuit but which had erroneously held that Brady determinations regarding the disclosure of exculpatory evidence was entirely the province of the prosecution. The letter extols the virtues of the Circuit’s Opinion in Gil. Cited in U.S. v. Edgar Rivas, Second Circuit, Decision of the Day, New York Law Journal, August 2, 2004 at 18, col. 1. Prosecutor failed to reveal evidence that may have aided the defense; retrial granted. Conviction overturned on appeal due to discovery abuses by the Government. Appellant represented by Herald Price Fahringer, Esq. and Mr. Liotti.

People v. Pacheco, (County Court, Nassau County) See Kieran Crowley, Family Of Slain Girl Raise Son Of ‘Killer’, New York Post, June 8, 2002 at 12; Zachary R. Dowdy, Murder Divides Families, Man Charged In ‘84 Death Of Childhood Friend Pleads Not Guilty, Newsday, June 8, 2002 at A8 and Lisa Pulitzer, New Twist In Girl’s ‘84 Slay, New York Post, June 11, 2002. Pre-trial hearing decision reported in New York Law Journal, November 19, 2003 (Decisions of Interest) at 1, 17 and 21. See No Singer Violation Found in 18-Year Delay In Making 2002 Arrest for Girl’s 1984 Murder - In 2002, defendant was arrested in California and extradited to Nassau County for a girl’s 1984 murder. The detective investigating the murder believed that he lacked probable cause to arrest defendant. The murder investigation continued through defendant’s residence in California. He was arrested in Los Angeles in March 2002 after questioning by Los Angeles and Nassau County police detectives and extradited in June 2002. After a Huntley/Singer hearing, the court ruled that there was no Singer violation for the 18-year delay in arresting defendant for the 1984 murder, finding that the police did not have probable cause to make an arrest until after certain interviews conducted in 2002. Citing People v. Vernace, the court, noting defendant’s ability to move freely and take up residence in California and other locations, concluded that contrary to giving the prosecution an unfair advantage, the delay in making an arrest made the case against defendant more difficult to prove beyond a reasonable doubt. The case was tried before the Hon. Donald E. Belfi for four weeks with one week for jury selection. The defendant was charged with two counts of murder in the second degree including intentional murder and depraved indifference homicide. The defendant was tried as a juvenile and acquitted of intentional murder, but convicted of depraved indifference. See Chau Lam, Debate Over Stray Strands on Victim, Newsday, February 4, 2004 at A34 and Newsday, February 28, 2004, Guilty Verdict, 9 Years to Life in L.I. Girls ‘84 Murder - headline at 1; Chau Lam, same edition at A3, 1984 Slaying, Guilty of Murdering Girl, Based in part on testimony of 3 women, Manuel Pacheco is convicted or killing Angela Wong, 11, of Massapequa and Keiko Morris, Victim’s Family, Finding Justice, Peace and Robin Topping, From 1984 to now, a chronology of the case. Also, special broadcast on A & E cable television, Closed Files, aired November 30, 2004 (30 minutes). The defendant received a sentence of 9 years to life as a juvenile offender. Co-counsel with Mr. Liotti was Gerard Damiani, Esq. of Rockland County.

U.S. v. Nicholas Michael Gruttadauria, et al., New York Law Journal, July 27, 2006 at 1, 21 and 25 (Decisions of Interest). Indictment Not Within Government’s ‘Petite’ Policy; Gambling, Money Laundering Conspiracies Separate - Defendant, a reputed organized-crime member, and co-defendants were indicted for conspiracy to operate an illegal gambling business, conspiracy to receive and dispose of stolen merchandise, and a money-laundering conspiracy. Various defendants sought the indictment’s dismissal, suppression of evidence and trial severance. In denying dismissal, the court rejected a claim that the indictment fell within the federal government’s internal Petite policy, which sets forth guidelines for federal prosecutors as to dual and successive federal prosecutions. It noted that the Petite policy affords no substantive rights. Although the court deemed the gambling and money-laundering conspiracies separate, it denied severance under Federal Rule of Criminal Procedure 14. It concluded that the movants failed to show a serious risk that joint trial would compromise a specific trial right or prevent the jury from making a reliable judgment as to guilt. See Michael Scholl, Judge Rejects Motion to Dismiss Indictments, New York Law Journal, Long Island Weekly, July 25, 2006 at 20. The Court granted the defendant, John Vella’s motion for a severance. Mr. Liotti represents Mr. Vella. On the eve of trial the Court granted the defendant’s motion for a spoliation hearing because the Government had allowed for the destruction of evidence without revealing that to the defense. Since the defendant was subject to possible deportation, he elected to take a plea and was sentenced to 4 months. The case is now on appeal in the Second Circuit Court of Appeals.

People v. Philips (Supreme Court, Queens County, J. Demakos presiding and County Court, Nassau County, J. Donald Belfi presiding). Rape and sodomy cases in both counties. Judge Demakos denied suppression and recusal motions. See New York Law Journal, June 5, 1998; New York Law Journal, January 27, 1998 at 30, People ex. rel. Thomas Liotti o/b/o George Philips, pet. v. Clyton Eatmond, res. Bail application and Petition for Writ of Habeas Corpus in Appellate Division to reduce bail set in the amount of $2.6 million in cash or $3.2 million by bond. Application denied and petition dismissed. Hearings in two counties. Two trials in Queens County and a plea in Nassau County.. (March-May, 1999, Queens Co. Supreme Court, Justice Robert C. Kohm). Serial rape, sodomy, sex abuse and kidnaping case. Eight week jury trial. Jury deliberated for 8 days, 7 overnights. Jury hung and mistrial declared on all 22 counts. Evidence included, but was not limited to, two pattern sheets for 1996 and 1997; an alleged apology by the defendant; 3 alleged confessions; a mask and gun allegedly recovered from the defendant's vehicle which, it was claimed, were used in the rapes; a description of the assailant; a partial license plate identification by one victim; DNA evidence from 12 markers (6 more than in the O.J. Simpson case) and testimony on population genetics and statistical probabilities. Also, recovered from the defendant's car were a magnetic Pennsylvania license plate; C.I.A. and F.B.I. badges; a smoke bomb; a police radio and Ninja stars. Mr. Liotti retained Ann Cole Associates as his juror consultant and Dr. Larry Kobilinsky as his DNA consultant. See People v. George Philips, 180 Misc. 2d 934, 692 N.Y.S. 2d 915, 1999 N.Y. Misc. Lexis 228 (Ind. Nos. 3825/97 and 3251/97, Queens, N.Y., Supreme Court, Justice Robert Charles Kohm presiding). 2DS:52701117. Reported case disallowing testimony from experts on voluntariness and police procedures. See also, Pete Donohue, DA Brands Man A Sex Predator, Daily News, Queens L.I. Edition, April 14, 1999 at 1; New York Law Journal, May 21, 1999 at 1, 25 and 28, col. 6; Today's News, Update, New York Law Journal, May 26, 1999 at 1 regarding mistrial after 8 days of deliberations being a record in Queens County; Katie Thomas, Hung Jury In Sex Attacks Trial, Newsday, May 27, 1999 at A41. See also, VICI, Accused Serial Rapist Gets a Hung Jury in Queens, Mouthpiece, Vol. 12, No. 4, July/August, 1999 at 26; Chau Lam, Rapist Pleads Guilty, Newsday, February 23, 2000 at A25. Steven Kreytak, Rape Suspect Guilty in Other Sex Attacks, Newsday, Queens edition, December 18, 1999 at A42. Sentencing in the Nassau County case was held on April 10, 2000. A Serrano plea was taken with 10-20 years concurrent on all charges (4 alleged victims) and no waiver of the right to appeal. Also, New York Law Journal, June 26, 2006 at 30 and 31. Convictions and sentences affirmed. C.P.L. §440 appeal denied. Second trial in Queens County was before the Hon. Jaime Rios (5 weeks & 2 days). Defendant found not guilty on 14 counts; 6 counts dismissed and defendant convicted on two charges, receiving a sentence of 25 years. He lost his direct appeals and his 440 applications. He is now pursuing habeas corpus relief in federal court. Mr. Liotti also represented him in his matrimonial case and in the sale of his marital home.

People v. Nathan Powell, (County Court, Nassau County). See Elissa Gootman, Lawyer Calls Sept. 11 a Factor In Killing Of Afghan Filmmaker, The New York Times, January 24, 2002 at B6; Kieran Crowley, Murder Suspect’s Defense: The Taliban Made Me Do It, The New York Post, January 24, 2002 at 9; Chau Lam, New Motive In Homicide. Lawyer: Victim Backed Taliban, Newsday, January 24, 2002 at A6 and A34; January 25, 2002, Mr. Liotti appeared on MSNBC, The Dan Abrams Report to discuss the alleged 9/11 defense in Nathan Powell’s case; January 31, 2002, Interview of Mr. Liotti on German television, PRO.7 for a major news magazine show; Dustin Brown, Alleged Killer Disturbed by Sept. 11 Stress: Lawyer, Times Ledger, January 31, 2002 at 1; Ellen Makkai, When The Best Defense Is A Good Excuse, World Net Daily, Commentary, February 2, 2002; February 4, 2002 - Live appearance on Court TV, the Catherine Crier Show, debating William Nix, a civil lawyer for the family of the deceased; Brian Harmon, 9/11 Stress Is Defense Offered In Grisly Crime, Daily News, February 13, 2002, Queens L.I. Edition at 1; Dimitra Smith, Tragedy Haunts Film On Afghan Diaspora, Friends Of A Murdered Filmmaker Struggle To Finish His Work, The Arts, The New York Times, Wednesday, October 2, 2002 at E1 & E4 and John H. Richardson, Not Guilty by Reason of Afghanistan, Esquire, February 2003 at 84-91, 126 and 128. See Kieran Crowley, Head-Lop Killer To Use 9/11 Defense, New York Post, April 2, 2003 at 22 and Celia McGee, For Afghan, Art and Death Collide, Daily News, May 7, 2003 at 42. See also, a reference in May, 2003 edition of American Board of Criminal Lawyers, The Roundtable, Tidbits Column by Steve LaCheen, Esq. at p. 2 to Mr. Liotti’s representation of Nathan Powell and the Esquire Magazine article on the same subject. See also Chau Lam, The Sept. 11 Defense Producer to Blame Death on Post-9/11 Stress, Newsday, June 2, 2003 at A3;Chau Lam, Deal In Case of Slain Director, Film Producer Pleads Guilty to 1st Degree Manslaughter, Newsday, June 5, 2003 at A26. Prosecutor, Fred Klein is quoted in the article, commenting on the reason for the reduced plea offer, a rarity in Nassau County. In fact, due to the dismemberment and beheading, it was believed in the early stages of this case that it could have been prosecuted as a capital murder case. Klein agreed to the deal, he said, “because a juror might believe Powell’s defense that he snapped because of post traumatic stress after witnessing the 9/11 attacks. ‘It only takes one juror to ruin a prosecution,” Klein said.” See also Queens Man Pleads Guilty to Killing Filmmaker in ‘01, The New York Times, June 5, 2003 at B8. Mr. Liotti is quoted in the article stating: “his client had suffered from episodic psychosis and post-traumatic stress disorder after witnessing the 9/11 WTC attack. Mr. Liotti also said Mr. Wassel had threatened Mr. Powell with a machete.” The plea occurred after seven days of jury selection. See Kieran Crowley, Behead Killer Pleads Guilty, New York Post, June 5, 2003 at 31; Kieran Crowley, Brazen Beheader, “I Killed To Save Kin From Terror,” New York Post (Exclusive) June 6, 2003 at 33; August 2003 edition of Playboy Magazine, pp. 48-49, Forum, The Blameless Society VIII by Chip Rowe; Chau Lam, Judge May Tack On Five Years, Newsday, August 6, 2003 at A4; Kieran Crowley, Taliban Decapitator Loses Head in Court, New York Post, August 5, 2003 at 21; Chau Lam, 5 Years Added to Slaying Sentence, Newsday, August 19, 2003 at A8; Associated Press, 25 Years for Killing Afghan Biz Partner, Daily News, August 19, 2003 and Alleged Untruthful Statements to Probation Department Lead Court to Impose Enhanced 25-Year Sentence, New York Law Journal, August 26, 2003 at 1, 17 and 21. The case in on appeal because defendant was supposed to receive a determinate sentence of 20 years and former Judge DeRiggi improperly gave him an extra five years.

People v. Ryan Wagner (Suffolk County, 2000). Michael Luo and Bart Jones, Attack On Day Laborers, Suspect Arrested, Queens Man, 19, Surrenders, Says: ‘I Do Not Hate Anyone’, Bias Attack Arrest, Queens Teenager Faces Charges In Laborers’ Beating, Newsday October 11, 2000 at 1 and A3; Michael Luo and Bar Jones, Cops: They Wanted To ‘Get Some Mexicans,’ October 12, 2000 at 1, A5 and A59; Robert Gearty, Beat Suspects Goofed - Cops Say 2 Returned To Scene To Return Shovels, Daily News, October 12, 2000 QLI 14; Tina Kelly, Suspect Admits Attacking Immigrants, The Police Say, October 12, 2000, The New York Times at B5; Bart Jones, Pro, Con Rallies On Immigrants Farmingville Tensions Lead To Weekend Events, Newsday, October 13, 2000 at A32; Editorial, A Way To Protest Bias Crimes Against Immigrants, Newsday, October 13, 2000 at A52; Tina Kelly, Day-Laborer Issues Prompt Opposing Rallies, The New York Times, October 14, 2000 at B5; Bart Jones, Event Slams ‘Illegal Aliens’, Newsday, October 18, 2000 at A8; Bart Jones and Zachary R. Dowdy, Vigil Rejects Racism, A Call For Peace, In Aftermath of Attack on Day Workers, 2000 Rally To Say No To Bias, Hatred, Newsday, October16, 2000 at 1, A3 and A26; Editorials, Newsday, Don’t Let Anti-Immigrant Zealotry Tarnish All Of L.I., Newsday, October 17, 2000 at A44; Bart Jones, Claim of Self-Defense, Jailed In Bias Beating, Suspect Says His Buddy Started Fight, Suspect: I’m A Victim, Says Mexican Worker Attacked Him, Newsday, October 23, 2000 at 1 and A4; Paul Vitello, Just A Boy, Full Of Anger, Newsday, October 24, 2000 at A8 and Al Baker, Suspect In Racial Attack Tells Of Life Of Rage, The New York Times, October 24, 2000 at B6; L.I. Hate Crime, 2nd Suspect Arrested, Pair Accused In Brutal Attack on Immigrant Laborers, Newsday, November 3, 2000 at 1 and A3; Martin C. Evans, Signs of Hatred, D.A.: Second Suspect In Bias Attack Has Racist Tattoos, Newsday, November 4, 2000 at A6; Christine Haughney, Assault On Mexicans Shakes Long Island Town, The Washington Post, November 28, 2000 at A03. See also, Andrew Smith, No Bail For Man Charged In Bias Attack, Co-Defendant Also Charged In Shirley Beatings Posted Bond, Newsday, December 22, 2000 at A37; Andrew Smith, Wagner’s Quest For Parole Denied By Second Judge, Newsday, January 4, 2001 at A34; John Moreno Gonzales and Joseph Mallia, Beatings Suspect Released On Bail, Newsday, March 17, 2001 at A6; Al Baker, Man Charged With Beating Of Laborers Is To Go On Trial, The New York Times, July 26, 2001 at B5; Andrew Smith, Jurors Scarce In Bias Case, In Beatings Of Immigrants, Impartiality Hard To Find, Newsday, July 27, 2001 at A8; Julia C. Mead, Suffolk Trial Opens In Attack on Two Mexican Laborers, New York Times, August 2, 2002 at 1 and 2; Andrew Smith, Boot May Link Suspect to Beatings, Newsday, August 10, 2001 at A26; Andrew Smith, Victim: Worries on Day of Attack, Newsday, August 7, 2001 at A5; The New York Times, Metro Section, Metro Briefing, Riverhead: Testimony in Beating Trial, August 10, 2001 at B5; Elissa Gootman, Man Charged in Beatings is Said to Have Used Racial Slurs, The New York Times, Metro Section, August 11, 2001; Andrew Smith, Defense Suggests Attack Not Racial, Newsday, August 8, 2001 at A6; Made In Hours In Attack On Laborers, The New York Times, August 17, 2001 at B1 (Story on conviction of co-defendant of Mr. Liotti’s client. Mr. Liotti is quoted); Elissa Gootman, Different Defense Is Planned For Second Trial In Beating, The New York Times, August 18, 2001 at B5; Dionne Searcey, Lawyer: Move Beating Trial, Newsday, August 19, 2001 at A2; Robert E. Kessler, Injured Laborers File $66M Suit, Suing Men Charged In Bias Attacks, 7 Groups, Newsday, September 27, 2001 at A22; Elissa Gootman, Lawsuit by Day Laborers Seeks To Tie Attackers to Hate Groups, The New York Times, September 30, 2001 at A36; Robert E. Kessler, Beating Suit A Free-Speech Issue, Newsday, October 2, 2001 at A19; Andrew Smith, 25-Year Sentence In Beatings, Judge Likens Day Laborer Assaults To WTC Attacks, Newsday, October 5, 2001 at A12; Elissa Gootman, Suffolk Man Gets 25 Years In Attack On Laborers, The New York Times, October 5, 2001 at D6 and Julia C. Mead, Psychiatric Defense Not To Be Included In Assault Trial, New York Law Journal, Long Island Edition, October 9, 2001 at 1, LI-4 and LI-7; Michael Rothfeld, He’s Ready For A Fight, Suffolk DA’s Re- Election Bid, Newsday, October 21, 2001 at A13; Andrew Smith, No Jurors Selected Yet In Hate Case, Man Accused of Beating Day Laborers, Newsday, November 16, 2001 at A12; Andrew Smith, State Of Mind At Issue In Attack On Migrants, Newsday, November 27, 2001 at A26; John Rather, Trial Of 2nd Man Starts In Suffolk In Attack On Mexican Laborers, The New York Times, November 27, 2001 at D5; Second Skinhead Trial Opens On Long Island, New York Law Journal, November 27, 2001 at 2; Steven Kreytak, ‘I Still Have The Scars, Day Laborer Testifies, Shirley Beating Victim Faces 2nd Accused Attacker, Newsday, November 28, 2001 at A14; Andrew Smith, Beating victim Admits That He Broke Laws, Newsday, November 29, 2001 at A38; The Associated Press, Beaten Day Laborer Admits He Was Illegal, The Daily News, November 29, 2001, Queens L.I. Edition at 1; Andrew Smith, Victim Testifies In Farmingville Case, Newsday, November 30, 2001 at A26; Frank Eltman, Day Laborer Takes Stand, Ids Attacker, Daily News, November 30, 2001; Andrew Smith, Tattoos Clues In Case, Newsday, December 1, 2001 at A23; Andrew Smith, Tattoos Play Role In Beating Trial, Newsday, December 5, 2001 at A13; Andrew Smith, On Tape, Admits Beating Laborer, Man Says He’s No Longer Supremacist, Newsday, December 6, 2001 at A34; Letters, Newsday, December 6, 2001 at A52, A Twisted Argument, Andrew Smith, Wagner: I’m No Bigot, Newsday, December 7, 2001 at A7; Elissa Gootman, Attack On Mexican Laborers Was Not Racial, Man Testifies, The New York Times, December 7, 2001 at D5; Andrew Smith, Rage Defense Under Attack DA: Wagner Kept Control For A While, Newsday, December 8, 2001 at A8; John Rather, Defendant’s Tattoos Are Cited In Mexican Laborers’ Case, The New York Times, December 8, 2001 at D5; Andrew Smith, Wagner’s Car Seen Earlier, Cop Says, Newsday, December 11, 2001 at A53; Andrew Smith, Verdict Close In Laborer Case, Jury Debates Drug- Alcohol Defense, Newsday, December 12, 2002 at A8; Today’s News Update - “An alleged white supremacist broke down in tears yesterday after his conviction for trying to kill a pair of Mexican day laborers during a racially fueled attack in an abandoned Long Island basement. Ryan Wagner 20, of Queens, sat crying after a Suffolk jury convicted him of attempted murder, assault and aggravated harassment on two immigrants. The jury deliberated for about six hours over two days before returning its verdict. Several of the jurors were also crying as the verdict was read. Mr. Wagner who claimed that he committed the crimes while intoxicated, could face up to 50 years in prison at his Jan. 9th sentencing. New York Law Journal, December 13, 2001 at 1;Andrew Smith and Bart Jones, Wagner Convicted, Jury Finds 2nd Man Guilty In Day Laborer Beating, Newsday, December 13, 2001 at 1 and A3; John Rather, Queens Man Is Convicted In L.I. Attack On Mexicans, The New York Times, December 13, 2001 at D5; Brian Harmon, Guilty Bigot Breaks Down, Supremacist Faces 50 Years For Attacks On Mexican Workers, The Daily News, December 13, 2001 (Queens, Long Island Section) at 1; L.I. Jury Nails Crybaby Bigot, New York Post, December 13, 2001 at 26; Editorial, Verdict Shows Justice Isn’t Limited To U.S. Citizens, Newsday, December 14, 2001 at A60; Andrew Smith, Hate Crime Sentence, Bitter End, 2nd Convicted In Immigrant Beatings Gets 25 Years, Newsday, January 10, 2001 at 1, A3 and A32; Elissa Gootman, 2nd Man Gets 25-Year Term For Beating Mexican Laborers, The New York Times, January 10, 2002 At B5; Today’s News Update, Story about Ryan Wagner’s sentencing, The New York Law Journal, January 10, 2002 at 1; Robin Topping, Appeal In Beating Focuses On Tattoos, Newsday, November 13, 2002 at A27; Diane Werts, TV Press Tour 2003, Seriously, It’s Det. Roker, Happy-go-lucky guy anchors probe of a Suffolk hate crime, Newsday, January 9, 2003. This article advises that Al Roker has produced a Court TV special to be aired on February 12, 2003 on this case and entitled: The Farmingville Incident; TV & Radio, Part 2, Newsday, Al’s In Our Neck of the Woods, Jolly Weatherman Gets Serious In a Special, ‘Farmingville Incident’, February 12, 2002 at B27; Bart Jones, Revisiting Farmingville, TV Show Recounts Brutal Attack on Latino Day Laborers, Newsday, February 12, 2003 at A16 and A28; Letter to the Editor by Thomas F. Liotti, Newsday, March 3, 2003 at A21, entitled: Hate Crimes, which focused on the Court TV documentary produced by Al Roker on this case stating that the program missed the point of its own announced theme, namely, what are the root causes of such incidents. “The community was not ready to forgive him; instead it was vengeful. The reaction of the community, the court and the prosecution when faced with the options of saving Ryan with more counseling and rehabilitation, opted for hysteria and revenge instead. That is a ‘hate crime’ in itself, which we will endeavor to address in what we hope will be a successful appeal.” The trial judge sentenced Ryan to 25 years which the Appellate Division reduced to 15 years. The defendant was represented by Mr. Liotti at trial and on appeal. The defendant had been offered 12 years on a plea. His co-defendant, Christopher Slavin, not represented by Mr. Liotti, is serving 25 years.

Appellate Division, Second Department, Justices Florio, Miller, Goldstein and Lunn, New York Law Journal, March 27, 2006 at 41. The Appellate Division affirmed the conviction and reversed the sentence as excessive, reducing it from 25 to 15 years. See Joseph Mallia, Sentence Lessened For Beating of Day Laborers, Newsday, March 29, 2006 at A24. Mr. Liotti also represented Mr. Wagner in a federal civil rights case brought by the two complainants. He settled on the eve of trial for $75,000.00 which Mr. Wagner may pay once released. The co-defendant went to trial and a judgment for $1.2 million was obtained against him.

U.S.A. v. Angelo Ruggiero, et al., Defendants, John Carneglia and Gene Gotti, Movants, 850 F. Supp. 186 (1994). Post judgment motion for release of names and addresses of jurors denied. Case appealed to Second Circuit where a Summary Decision was entered. Bribe Try Basis of Appeal, Daily News, November 30, 1994 at 12. An article about Mr. Liotti's efforts on behalf of clients, Gene Gotti and John Carneglia. See also, Bowles, Pete, Gotti Brother Seeks Names Of Jurors, Newsday, March 11, 1994 at 34. New York Magazine, August 1, 1994 (The Gossip Mafia issue). Friedman, Roger D., Intelligencer, Justice Not Blind, Eyes Just Closed at 9. An article about Mr. Liotti's representation of Gene Gotti and John Carneglia. Jurors In Mob Case To Stay Anonymous, Newsday, February 22, 1994 at A33.

Civil Rights

Paul Maxwell v. Village of Hempstead and its Police Department - (U.S. District Court, EDNY, Hon. Arthur Spatt presiding) Mr. Liotti was retained to represent the family and the Estate of Paul Maxwell, a 28 year old black man, shot and killed by Hempstead Village Police. Mr. Liotti will be commencing a wrongful death and civil rights action. See Vitello, Paul, How did Poet-Genius Finally Come Undone?, Newsday, July 30, 1998 at A8; East, Georgia, A Father In Search Of Answers, Son Was Shot By Police, Newsday, August 6, 1998 at A3 and A32; Reynolds, Jeffrey L., Who Needs Denis Dillon, Hempstead Leaders Form Independent Board To Probe Shooting By Cop, Long Island Voice, August 27-September 2, 1998 at 8; Reynolds, Jeffrey L., L.I. Topic, Can We Cool Community Tensions In Wake Of Recent Killings By Cops? This Activist Says That A Civilian Complaint Review Board Would Help and, Other Voices, full page article where Mr. Liotti is quoted as follows: "Excessive force by police is generally the product of poor training and/or racism. An independent civilian complaint review board and special statewide prosecutor are desperately needed. This issue is the hottest one in the new frontier of civil rights and criminal justice. Elected officials are ignoring these issues because they are tainted by endorsements and campaign contributions from police groups." Newsday, Currents and Books, September 6, 1998 at B7; and Topping, Robin, Cops Cleared In Fatal Shot, Newsday, October 9, 1998 at A29; Fries, Steven and Cowan, Erin, Cop Honored In Slaying: Spitzer Cites Hempstead Case, Newsday, May 12, 1999 at A3; Vitello, Paul, A Hero? Depends On Perspective, Newsday, May 13, 1999 at A8; McCrummen, Stephanie, Slain Man's Dad Sues Village, Newsday, February 27, 1999 at A23; Williams, Herb. Cover Story, The Silence of the Lambs, On Anniversary of Shooting of Paul Maxwell, Hempstead’s Black Clergy Remain Silent on Police Brutality Issue, Community Journal, Roosevelt, New York, August, 1999, Vol. 7, No. 2 at 1 & 3; Evans, Martin C., Anger & Despair, For Many L.I. Blacks, Verdict Yields Frustration Newsday, February 27, 2000 at A4 and A42. See, David Pierson, Father Blames Police Training For Son’s Death, Newsday, July 6, 2000 at A30; David Pierson, Long Island, Focus On Officers’ Training, Cops Queried In Trial Over Shooting Death, Newsday, July 7, 2000 at A32 and David Pierson, Hempstead Settles Suit, Parents’ Loss Spurs Extra Cop Training, Newsday, July 8, 2000 at A7. July 7, 2000, United States District Court Judge Arthur Spatt (E.D.N.Y.). James Murphy, Esq. of Montfort, Healy, Sally and McGuire, adversary. Federal civil rights (§1983) negligence and assault and battery claims involving the wrongful death and killing of Paul Anthony Maxwell, a 28 year old, emotionally disturbed, African American by a white Village of Hempstead police officer who shot him dead while he was naked and allegedly swinging a bat at police officers. Mr. Liotti represented the plaintiff in the civil jury trial. The case was settled after five days on trial. Motions for a directed verdict and summary judgment were denied, plaintiff concluded his case and two defense witnesses testified. James Fyfe, a renowned expert on police procedures and training and representatives from both the Nassau and Hempstead Police Departments testified for the plaintiff as did the Medical Examiner. The case was settled in a “So Ordered” Stipulation for $135,000 plus the Village agreed to establish a mandatory annual two hour course for all police personnel (112 officers) dealing with the handling of emotionally disturbed persons. The Mayor of the Incorporated Village, James Garner, was present, a party to the Stipulation and expressed his condolences on the record.

Cajetan Uchendu v. Winthrop University Hospital; Archdiocese of Rockville Centre and Newsday (Supreme Court, Nassau County, 2004, Justice O’Connell). See Laura Williams, Wronged Over Rites? Priest Sues in Sacrament Controversy, The Daily News, September 26, 2004 (L.I. Section at 1 with photos). New York Law Journal, December 19, 2006 at 1, 21 & 26. Mr. Liotti represented a Roman Catholic priest in an action against Newsday, a hospital and the Estate of Charles Miller. Father Uchendu gave Mr. Miller his “last rites” but Newsday reported that the priest had not administered them. Summary judgment was granted as to all defendants except the Estate where the action was permitted to go forward. In addition to the full case being reported, a synopsis of the decision also appeared at page 20 of the New York Law Journal. The case settled in favor of the plaintiff for an undisclosed sum.

Ostroski v. Town of Southold, U.S. District Court, EDNY, 99-CV-2648, Decided 07/21/06, Judge Bianco. New York Law Journal, August 17, 2006 at 1, 21, 28, 29 and 30. Excessive Force Claim Stands Against Police Who Allegedly Kicked, Punched Already Subdued Arrestee - Police responding to a domestic disturbance arrested plaintiff. Her 42 USC §1983 civil rights action sought to hold the officers liable for false arrest and imprisonment and abuse of process. She also sought to hold them liable for assault and battery. Finding no basis for municipal liability, the court, which dismissed plaintiff’s false arrest and false imprisonment claims after finding that her conviction on several of the crimes for which she was arrested supported the existence of probable cause, held that her claims of assault and battery, malicious prosecution and excessive force under §1983 remained against the officers. Noting plaintiff’s claims that they kicked and punched her and twisted her neck after she was handcuffed, the court denied the officers summary judgment on the excessive force claim, observing that a reasonable officer would know that kicking and punching a subdued individual violates a clearly established constitutional right not to be subjected to excessive force during arrest. See also, Michael Scholl, Claims Against Police Officers Allowed To Go Forward, New York Law Journal, August 16, 2006 at 1 and 4. A jury trial occurred, the jury was unable to reach a verdict, the case was then settled for an undisclosed sum.

Kahlon v. Southwest Airlines, See Lauren Terrazzano, Sikh Man to Sue Airline, Islip for Turban Incident, Newsday, January 9, 2002 at A14 and Robert E. Kessler, Twice Denied Plane Seat, Sikh Sues for $60M, Newsday, October 22, 2002 at A17. Case settled for undisclosed sum.

Nelson H. Wolther and Monica Dixon v. Century Operating Corporation, et al., (United States District Court, E.D.N.Y., Mag. Arlene Lindsay). See Frank Thomas, Woman Sues Co-Op Over Rejection, Suite Says It Kept Her Out Because She Is Black, Newsday, September 18, 1999 at A29 and Marilyn Gilloon-Crotty, Lawrence Co-Op Hit With Charges Of Bias, South Shore Record, Thursday, September 30, 1999. Mr. Liotti brought Frederick Brewington, Esq. into the case to act as co-counsel for the plaintiffs in their Fair Housing Act and Civil Rights Claims. After one and one-half weeks on trial, the case settled for $411,000 near the conclusion of plaintiff’s case.

Douglas Schuchman v. County of Suffolk, United States District Court, Eastern District of New York, CV 92-0110, Hon. Leonard Wexler. Civil rights action against Suffolk County after plaintiff was brutally beaten by a retired homicide detective. Case tried by Mr. Liotti’s former partner, Peter B. Skelos. Jury trial and verdict against Suffolk County for $50,000.

Karen Henry v. Nassau County, See Laura Williams, Ex-Cop Wins 30G in Arrest, Daily News, September 14, 2004, lead story L.I. Section (photo & story); Robert E. Kessler, Federal Case Settled, Veteran Vice Cop Awarded $30,000, Former Nassau Detective Gets Money in Civil-Rights Suit That Charged Department With Discrimination, Newsday, September 17, 2004 at A57 (story and photo); reported in Verdict Search, New York, formerly New York Jury Verdict Reporter, Vol. XXII, Issue 18, October 18, 2004 at 1, 33 & 34. See also, New York Law Journal, Verdicts and Settlements, Special Theme/False Arrest and Excessive Force Claims, May 23, 2005 at 5.

Medical Malpractice

Cantone v. North Shore University Hospital, et al., (Supreme Court, Nassau County, Index No. 11526/81). See Bell, Dennis, Deaf Girl’s Parents Sue Over Care, Newsday, January 7, 1982 at 24. Medical Malpractice. Case settled for $604,000.00. Child misdiagnosed as emotionally disturbed when she was profoundly deaf. This was a multi-million dollar action originally commenced against thirteen defendants, including numerous prominent physicians and hospitals. Case was the subject of a feature television show on ABC's 20/20 and was written about in Newsday. First case in Nassau where a Special Needs Trust was used to preclude Social Services and others from asserting their liens against the proceeds of the settlement. Mr. Liotti succeeded in taking Ms. Cantone out of an unaccredited school in Suffolk County and getting her one on one care at the Lexington School for The Deaf. A story about this case was seen on ABC's 20/20 which aired on November 25, 1981. Mr. Liotti later sued the State after Ms. Cantone was briefly institutionalized. He alleged that she had been forcibly raped by another patient. Mr. Liotti and Gerard M. Damiani, Esq. of New City were co-counsel on the case which settled for $750,000. See also, Cantone v. Rosenblum, 186 A.D.2d 167, 587 N.Y.S.2d 743 (1992), where full time psychiatric, psychological and social work personnel were employed at a center for the emotionally disturbed to provide clinical as well as educational services, and where plaintiff was referred to the facility for treatment. She was entitled to assert a claim for medical malpractice against the center based on allegations that the staff failed to exercise reasonable care in their initial evaluation and the administration of a deleterious course of treatment.

Peggy Grant v County of Nassau (Index No. 10566/99). Successful appeal from a dismissal by Justice McCarty of a medical malpractice action. Complaint reinstated and trial court order reversed on the law. The trial court was without the authority to dismiss the action. See New York Law Journal, May 1, 2006 at 34.

Fragiorgi v. Mayfair Nursing Home; Sheldon Simon, M.D.; K. Tio, M.D.; J.K. Tjan, M.D. and Mohammed Abtar, M.D., et al. (1982-1992). Medical malpractice and negligence claims alleging drug overdose (Mellaril) and wrongful death of client by nursing home and treating doctors who neglected the patient. The case was settled on behalf of the plaintiff for $85,000.

Yodice (by an Administratrix) v. New York Hospital (1986). Medical malpractice action involved wrongful temporary release on furlough of a psychiatric patient. Client, a promising set designer and artist from New York committed suicide. Mr. Yodice was gay. The case was settled in favor of the plaintiff for an undisclosed sum. In this extraordinary case Mr. Liotti represented Mr. Yodice, his estate and others in two probate proceedings; one real estate matters; one medical malpractice action and one art show at a renowned New York Gallery.

Personal Injury

Beverly Lee v. LILCO, American Trial Lawyers Association, 41 Law Reporter, September 1, 1998 at 265. A full synopsis of the case was carried in the A.T.L.A. Law Reporter. In part, the head note to the annotation read: “Apartment fire: Failure to Provide Fire Escape, Smoke Detectors: Wrongful Death: Settlement: Default Judgment: Punitive Damages.” See also, Chau Lam, Ex-LIer Awarded $1.55M In Suit, Baby Died In ‘84 Westbury Blaze, Newsday, May 19, 1998 at A27; Zamgba J. Browne, Mother Wins 15-Year Battle Over Daughter’s Wrongful Death, the New York Amsterdam News, July 9-15, 1998 at 3.

Kellman v. Chan (Nassau County Supreme Court, 2001-2002, Hon. F. Dana Winslow presiding). Non-jury, defamation trial on damages lasting one day. The defendants did not appear, except by their counsel. The plaintiffs had already won the liability phase of the trial a year earlier. Mr. Liotti represented the plaintiffs throughout. The Court awarded $1.7 million (with prejudgment interest, $2.2 million) in compensatory damages, including awards for pain and suffering and punitive damages. See Shirley Perlman, Lawsuit Takes Surprise Turn, Couple To Pay In Hit-Run Case, Newsday, July 24, 2002 at A22. See also, Jason DelRey, Couple Awarded $700,000 in Lawsuit, Newsday, August 22, 2007 at A27.

Kellman v. State, 8 Misc. 3d 502, 793 N.Y.S. 2d 751 (2005) and ___ A.D. 3d ___, 828 N.Y.S. 2d 203 (2nd Dep’t, Jan. 16, 2007). See Andrew Harris, State Held Liable After Court Papers Misplaced, New York Law Journal, April 21, 2005 at 1 and New York Law Journal, April 26, 2005 at 1, 17 and 18 State Held Liable for Court’s Failure to File an Order of Attachment which stated: “Plaintiffs sued the State for an alleged ministerial error, claiming $1.7 million in damages. They had been granted an emergency order of attachment necessary to block the sale of a house. Justice Winslow signed the order, but it was never forwarded to the clerk’s office for filing. The papers went missing for over one month. In the meantime, the house was sold for $630,000 and the owner left town, owing plaintiffs $1.7 million. The court explained that the issuance of the order of attachment was a judicial act, covered by judicial immunity. However, it found the judicial nature of the act was completed when Justice Winslow signed the order. After this point, the execution of the attachment became a ministerial act, for which the State could be held liable. It ruled plaintiffs were entitled to summary judgment on the issue of liability but not with respect to damages, which it left to be determined at trial. Motion by Mr. Liotti to vacate automatic stay and for expedited appeal denied as moot. Appellate Division, Second Department decisions, New York Law Journal, July 3, 2006 at 31, col. 1. See also, Siegel’s Practice Review, Number 182, February, 2007 at 2. Mistake In Judge’s Chambers, State Held Liable For Plaintiff’s Loss When Order Of Attachment Is Signed By Judge But Lost In Chambers. The State then paid $775,000.00 to Mr. Liotti and his clients.

Olejniuk v. Biondo; Plaza Realty; Supermarkets General Corp. and Landing Construction Corp., (Nassau Supreme Court, 1988-1992). Construction worker injured in an industrial accident. Spinal fracture. Case settled for $525,000.

Other Litigation

Young v. Young (2000-2004, Nassau County Supreme Court) Civil case under the Uniform Gift to Minors Act case. Settled in plaintiff’s favor for an undisclosed sum. Mr. Liotti represented the infant plaintiff. Jury selected, trial started. Case settled after opening statements and in the middle of first witness’ testimony. Justice Michele Woodard presiding. Adversary Edward Waldman, Esq., co-counsel Stephen Lester, Esq.

Niloofar Pellarin and Anthony Pellarin v. Moon Bay Development Corp. and John Chiarelli, (Index No. 16448/04 Suff. Co. Sup. Ct.). Successful appeal on behalf of plaintiffs/respondents from Justice Thomas F. Whelan’s decision denying the defendants’ motion to dismiss and impose costs against the plaintiffs. The plaintiffs’ action was timely commenced and had made out claims of misrepresentation and breach of fiduciary duties including attorneys Frederick P. Stern, Frederick P. Stern, P.C. and Associates and Patricia Stern. New York Law Journal, May 8, 2006 at 39. Plaintiffs sued for the return of their downpayment and damages due to contractor’s breach of a construction contract for the building of a home in the Town of Southampton, Long Island, New York. The case was settled for $200,000.00 after the plaintiffs won the appeal. See, 2006 N.Y. Slip Op. 3563, 29 A.D.3d 553, 813 N.Y.S.2d 664, 2006 N.Y. App. Div. LEXIS 5948 (May 2, 2006, Decided).

Gershon v. Goldberg, 2006 N.Y. Slip Op. 04385, decided June 6, 2006, Appellate Division, Second Department, action by a former Building Inspector for Roslyn Estates for malicious prosecution, abuse of process, defamation, etc. against the Goldbergs, appellants/homeowners and George P. Frooks, their former attorney who had commenced an action in federal court against Gershon and the Village which had been dismissed. The Goldbergs and Frooks’ motions to dismiss were granted by the trial court except for the malicious prosecution claims and they took an appeal from that which then reversed that part of Westchester Supreme Court Justice Nastasi’s decision and affirmed the remainder of it. With that victory, the case was concluded.

Musacchio v. Ramagnoli (Supreme Court, Westchester County, Index No. 19674/02, decision dated 5/18/06, Justice Colabella). Mr. Liotti represented the successful petitioner/plaintiff. See New York Law Journal, Decisions of Interest June 16, 2006 at 1, 21 and 25, col.3, Son’s Conveyance of Late Mother’s Property to Himself Improper; Deed Voided, Title Vested in Estate - Petitioner sister sought to recover assets belonging to decedent’s estate that were allegedly misused or conveyed by defendant, decedent’s son, acting under a power of attorney. Defendant denied that transfers of money and real property were done with any fraudulent intent. Plaintiff argued the transfers breached defendant’s fiduciary duty to decedent. The court noted an agent could not make a gift of money or property to himself that was the subject of the agency relationship. It stated that in the event such gift was made, a presumption of impropriety was created that could only be rebutted with a clear showing the principal intended to make the gift. The court said defendant’s statement that decedent wanted him to have her property, despite a will providing for distribution of equal shares to her two children, standing alone, insufficient to rebut the presumption. It granted plaintiff’s motion for summary judgment, set aside the conveyance of real property, voided the deed and directed title to vest in the estate. Thereafter the case settled in the plaintiff’s favor. Mr. Liotti represented the plaintiff.

Hourizadeh v. Wolther (Supreme Court, Nassau County, Justice Thomas Phelan). Breach of residential real estate contract action against Mr. Liotti’s clients. Litigation lasted 3 years. Case was settled just prior to opening statements where Mr. Liotti’s clients agreed to accept $1.610 million for the sale of their home ($45,000.00 more than the original purchase price) and to pay a brokerage commission of $50,000.00 ($15,000.00 less than what was originally agreed to).

Grievance Comm. for the Ninth Judicial Dist. v. Mogil (In re Mogil), 97-04366, Supreme Court of New York, Appellate Division, Second Department, 250 A.D.2d 343; 682 N.Y.S.2d 70 (1998) LEXIS 13540, December 16, 1998, Decided. Mr. Liotti was the primary witness against B. Marc Mogil, a former County Court Judge. Mogil was removed from the Bench and disbarred due to his harassment of Mr. Liotti. See, Mitchell Freedman, Newsday, September 11, 1995, Did Judge Harass Lawyer?; Letta Tayler, Newsday, September 13, 1995, Markings Cited In Threat Letters; Letta Tayler, Newsday, September 14, 1995, Lawyer, Judge Square Off; Letta Tayler, Newsday, September 15, 1995, Lawyer Accused of Judge Bias; Jessica Kowal, Newsday, September 16, 1995, Judge Claims Fax Is a Phoney; Letta Tayler, Newsday, September 18, 1995, Public Battle at the Bar; Letta Tayler, Newsday, September 18, 1995, Judicial Hearings Are Rare; Letta Tayler, Newsday, September 19, 1995, Judge Denies Devilish Threats; Jessica Kowal, Newsday, September 19, 1995, Around The Island - Crime & Courts, Rare Decision Makes Judge's Case Public; Newsday, Editorial, September 20, 1995, Hearings on Judges' Misconduct Should Be Public; Jessica Kowal, Newsday, September 20, 1995, Mogil: Liotti Asked to See Gun; Jessica Kowal, and Letta Tayler, Newsday, September 21, 1995, Devil Of A Time At Hearing; Jessica Kowal, Newsday, September 22, 1995, Of Lawyers and `Looney Tunes'; Jessica Kowal, Newsday, September 23, 1995, Judge Contradicted; Robin Topping, Newsday, Around The Island, Crime & Courts, September 28, 1995, Judge Is Flying Too High for Low Profile; Letta Tayler, Newsday, October 10, 1995, Flamboyant Judge's Battle; Jessica Kowal, Newsday, December 22, 1995, Ruling Against Judge; photo and caption, Disciplinary Panel Urged to Recommend Nassau Judge's Removal, January 12, 1996 at 6; Robin Topping, Mogil's Fax To Foe Questioned, Newsday, January 12, 1996 at A7; Robin Topping, Newsday, February 22, 1996, State Panel Wants Judge Removed; Pat Milton, Daily News, February 22, 1996, Judge Linked To Threats Axed; Matthew Goldstein, New York Law Journal, February 22, 1996, Removal of Nassau County Judge Urged by Judicial Conduct Panel; Jan Hoffman, The New York Times, February 22, 1996, The Judge and the Lawyer: Some Not-So-Judicious Letters; Matter of the Proceeding Pursuant to §44, subdivision 4, of the Judiciary Law in Relation to B. Marc Mogil, a Judge of the County, Court, Nassau County, New York Law Journal, Disciplinary Proceedings (for full decision), February, 26, 1996; Daily News, Long Island Section, `Hate Mail' Judge Suspended, March 27, 1996 at A24; New York Law Journal, Today's News, March 27, 1996 at 1; A. Anthony Miller, The Attorney of Nassau County, Judge Marc Mogil Appeals Ouster, March, 1996; Peter Bowles, Judge Fails To Win LI Libel Case, Newsday, Long Island, August 21, 1996 at A23; Michael Slackman, Newsday, High Court Reviews Ouster Case, September 6, 1996 at A16; The Associated Press, Judge's 60M Suit Is Tossed, Daily News, Long Island, October 2, 1996 at QLI 1; Robin Topping, Suspended Judge's Lawsuit Tossed Out, Newsday, October 7, 1996 at A18; Pete Bowles, Deposed Judge Loses Pistol Permit, Newsday, October 31, 1996 at A28; A. Anthony Miller, Court Of Appeals Ousts Mogil, The Attorney of Nassau County, October, 1996 at 1; New York State Bar Association, New York State Law Digest, Vendetta Against Lawyer, Both Overt and Secretive, and Lying to Commission on Judicial Conduct, Costs County Judge His Job, No. 443, November, 1996 at 3; A. Anthony Miller, Court Strips Former Judge's Law License, August, 1997 at 3; Suspension and prosecution for disbarment ordered by the Appellate Division ,Second Department (By Mangano, P.J.; Bracken, Rosenblatt, Miller and Ritter, J.J.). The Appellate Division, among other things, stated: "The respondent also committed actions involving dishonesty, fraud, deceit, or misrepresentation in that he repeatedly gave false testimony under oath to the Commission on Judicial Conduct during its investigation and reported false information to the Nassau County Police Department." See New York Law Journal, August 1, 1997 at 23; Topping, Robin, Stop Practicing Law, Mogil Told, Newsday, August 6, 1997 at A22. An article concerning the suspension of former Judge Mogil from the practice of law and the Appellate Division authorizing the Grievance Committee to initiate disbarment proceedings against Mogil. See Today's News, New York Law Journal, August 6, 1997 at 1. See also, Former Nassau County Court Judge B. Marc Mogil, Removed From The Bench in 1996 for His Bizarre Harassment of Garden City Attorney, Thomas F. Liotti, Has Been Disbarred, New York Law Journal, December 28, 1998 at 1 and 9; Kara Bond, Suspended Nassau Judge Disbarred For Conduct, Newsday, December 29, 1998 at A27 and A. Anthony Miller, Appellate Division Disbars Mogil, The Attorney of Nassau County, January, 1999 at 3. New York Court of Appeals decision, Matter of Mogil, 88 N.Y.2d 749, 673 N.E.2d 896, 650 N.Y.S. 2d 611 (1996). Docket number for Appellate Division disciplinary matter (97-04366). Hearing held on March 23, 1997 and October 15, 1997 before Special Referee, Hon. Morrie Slifkin re: disbarment proceeding of B. Marc Mogil. Letter To the Editor, Newsday, April 27, 2000 at A46 entitled: Witness Protection. The letter suggests Judicial Disciplinary Hearings may be open to the public, as Newsday suggested in an editorial, providing complaints are screened, pass preliminary stages and negative character testimony about complaining witnesses, unless germane to the changes, should be disallowed. Michael Frazier, Attorney Fights Reinstatement of Former Judge, October 31, 2007 at www. newsday.com and Michael Frazier, Target of Judge’s Ire Fights Restoring Law License, Newsday, November 2, 2007 at A18.

Matrimonial

Froeb v. Froeb, reported in the New York Law Journal, Thursday, August 4, 1994 at 1, et seq. Mr. Liotti represented the plaintiff in this matrimonial. Defendant moved to dismiss alleging that the complaint was insufficient as a matter of law. The defendant's motion was denied.

Joanne M. v. Carlos M. (Supreme Court, Suffolk County, Index No. 18486/04, Hon. Joseph Farneti). This was a one week non-jury trial. Mr. Liotti was brought in as trial counsel to I. Leonard Feigenbaum, Esq. approximately one week prior to trial. Sole custody was decided in favor of the plaintiff, Mr. Liotti’s client. See New York Law Journal at 1, 17, 20 and 21, Court Finds Mother Less Vindictive, More Mature Parent; Awards Her Sole Custody of Daughter. “Plaintiff mother and defendant father moved for sole custody of their daughter. The court noted defendant’s ‘profound’ lack of judgment and debasement of plaintiff in the child’s presence was inexcusable. The destruction of the child’s impression and perception of her mother by the father was virtually fatal to his quest for sole custody. The court said his immaturity and vengeance-based decision-making would continue to impact the child to the point where the mother was excluded from all decision-making as demonstrated by his refusal to communicate with her, even for the benefit of the child. The court found joint custody inappropriate, concluding plaintiff presented as the more mature, less vindictive, and better adjusted parent, and would be the parent most likely to assure meaningful contact between the child and defendant, as the non-custodial parent. It found plaintiff was more flexible and cooperative and was more likely to communicate with defendant for the child’s benefit, awarding sole custody to plaintiff.

William C. v. Joan C., (Supreme Court, Nassau County, O’Connell, Geoffrey J., J.) Contested matrimonial action. See Bridget Harrison, Ratty Divorce, EEEEK!, L.I. Woman Blames Hubby For Rodent Hordes, New York Post, July 29, 2003 at 23. Two cases and seven days on non-jury trial and in negotiations. A breach of contract and matrimonial action against our client. Our client prevailed on the breach of contract on motion just before trial. The settlement provided a $1.6 million award outright plus maintenance, child support, life insurance, medical insurance, college tuition paid and private school tuition paid. The entire package to our client in an 11 year marriage with two children was worth in excess of $4 million. Our client also won custody.

Allain v. Allain, (2004-2005, Suffolk County, Justice Farneti). A 22 day non-jury trial. Mr. Liotti represented the mother. Reported in the New York Law Journal, September 16, 2005 at 1, 17 and 19. See Sole Custody of Infant Son Awarded to Credible Father Over Dishonest, Manipulative Mother - “Plaintiff father and defendant mother both sought sole custody of their infant son and child support. The court found nothing in the record to suggest that the parties had a stable, amicable and mature relationship that would make joint custody a viable alternative. It found the relationship between the parties was not only acrimonious, but has resulted in physical violence and verbal confrontation, and the imposition of joint custody would only serve to further demonstrate the parties’ inability to cooperate and formulate a united parenting effort. The court determined defendant presented as dishonest, manipulative and insincere, while plaintiff presented as strong-willed, but no inappropriate and substantially credible. Thus, in an effort to determine what was in the best interests of the child, and what would best promote his welfare and happiness, the court awarded sole custody to plaintiff, with liberal visitation to defendant, and child support by defendant to plaintiff.” See also, Olivier A. v. Christina A., 9 Misc. 3d 1104, 806 N.Y.S.2d 446 (2005), N.Y. Slip Op. 51400U; WL 2171176 (2005) and Robert Waddell, Ripped Apart: Domestic Violence Survivors Fight For Fairness In Child Custody Battle, Tiempo, New York, Vol. 1, No. 2, September 29-October 13, 2005 at 6. Decision and order relative to stay in New York Law Journal, January 30, 2006 at 33. Appellate Division affirmed lower court decision, New York Law Journal, December 8, 2006 ast 39.

Mendelsohn v. Mendelsohn, (2007-2008) In what is reportedly the longest matrimonial trial in Nassau history (more than 55 days), Justice Anthony Falanga decided in favor of the plaintiff wife, against her husband, a Bankruptcy Court Trustee and attorney. Justice Falanga awarded Mrs. Mendelsohn a divorce and more than $1.5 million in liquid assets and nearly $1 million in maintenance over the next 14 years. Their marriage lasted 21 years, they have three grown children and the divorce action was commenced in May, 2003. Mr. Mendelsohn will also have to pay for medical insurance for Mrs. Mendelsohn, $750,000.00 in life insurance and $100,000.00 in counsel fees to Mrs. Mendelsohn.

Justice Falanga criticized Mr. Mendelsohn, referring to him as a “mastermind” who “controlled the parties finances.” Justice Falanga stated:

“The Court is unable to ‘follow the money,’ particularly as the husband invoked attorney-client privilege and claimed, at one point, not to recall the reason for the payment to a [business associate] of $210,000 or the source of $210,000 [in cash] into a safety deposit box.”

Mr. Mendelsohn was also ordered to pay all of the forensic accountant and Law Guardian fees within 10 days of the decision.

Forfeiture

County of Nassau v. McCarthy (Supreme Court, Nassau County, Index No. 010335/05, Justice Martin). New York Law Journal, Decisions of Interest, July 28, 2006 at 1, 21 and 23, col. 3, Vehicle Owner Granted Summary Judgment Against Nassau County Based on Innocent Owner Defense - Defendant moved for summary judgment dismissing plaintiff county’s complaint. Plaintiff cross-moved for summary judgment in its favor in this civil forfeiture action of an automobile owned by defendant pursuant to the County Administrative Code. Defendant’s son was arrested for driving while under the influence of drugs and pleaded guilty to a violation of Vehicle and Traffic Law §1192.4. Defendant alleged she was unaware her son would use her car in an illegal manner. The court found defendant made a prima facie showing of complying with the code’s requirement for an innocent owner defense. It noted it saw no way in which the issues raised by plaintiff, including whether defendant instructed her son not to take prescription drugs prior to using the vehicle, were necessary to establish an innocent owner defense, stating that to require an individual who allowed someone else to use her vehicle to put them through a battery of tests and warnings was unreasonable. Thus, the court granted defendant’s motion. See Michael Scholl, Innocent Owners’ Defeat Efforts to Seize Vehicles, New York Law Journal, Long Island Weekly, July 25, 2006 at 19 and 20.

DWI

People v. Brian Duffy (District Court, Criminal Part, Judge Ruskin, QDS:767 02028 at New York Law Journal, January 25, 2000 at 1, 25 and 35, Motion Is Denied To Suppress Admission Based On Questioning Without `Miranda' Alert. Charged with driving under the influence of alcohol, defendant moved to suppress an admission and for a Frye hearing to determine admissibility of the results of the Standardized Field Sobriety Test. At the suppression hearing, the officer testified that he observed defendant's vehicle swerve and upon approach detected the odor of alcohol coming from defendant. The officer asked defendant if he had been drinking and defendant admitted consumption of two beers. Defendant then took certain field sobriety tests and was placed under arrest. The court found the stop was a transitory, non-intrusive investigation that did not trigger Miranda. As to the sobriety tests, the Court said that a Frye hearing is to determine the admissibility of new scientific theories or experimental methodologies and that it was not required for an elemental motor skills test. The trial was held before the Hon. Margaret Reilly in the District Court, Nassau County in April, 2000. The client was charged with driving while intoxicated; failing to maintain a lane (VTL § 1128(a)) and no seat belt (VTL § 1229(c)(3)). Following a six day jury trial, the Judge dismissed the § 1128(a) charge and the jury found the defendant not guilty of D.W.I. and the seat belt charge. The defendant was found guilty of the lesser charge of driving while impaired. Pre-trial hearing decision also fully reported in Fiandach’s New York DWI Bulletin, Vol. 7, No. 4, February 17, 2000 at 5 & 6 with this introduction: District Court Denies Frye Hearing On Field Sobriety Testing “On occasions too numerous to recount herein, we have challenged the ‘standard’ field sobriety tests and the conclusions which are drawn from them. While at times, we have mused that a Frye hearing would be in order, we have never asked for one, nor have we seen such a request. What follows is the result of a valiant request. In People v. B. Duffy, attorney Thomas F. Liotti did all he could, not only for his client, but for integrity of the process. Unfortunately, that attempt failed.

People v. Brian Mandart, non-jury trial before Hon. George Peck, County Court, Nassau County, August 2005. Not guilty of driving while intoxicated as a felony. Eight count indictment, all charges dismissed or found not guilty except driving while impaired and a failure to signal. See Westbury Resident Acquitted of D.W.I. Charges, The Westbury Times, August 25, 2005 at 8.

People v. Gerardo DeRojas, 176 Misc. 2d 887, 673 N.Y.S.2d 889 (1998), District Court, Nassau County, Hon. Samuel M. Levine, New York Law Journal, May 7, 1998 at 1, 25 and 33. Headline: Drunk Driving Charge Is Dismissed For Late Certified Test Results. A Senior Vice President of a major bank charged with a second D.W.I. offense moved to dismiss the accusatory instrument. After arraignment, his license was suspended. He was granted a hardship hearing and also requested a Pringle hearing. The Court dismissed the charge, as prosecution had not timely presented a certified copy of the blood-alcohol test results. The defendant's license and driving privileges were restored. See Pringle Revisited, Fiandach's New York D.W.I. Bulletin, May 28, 1998 at 1-5, Vol. 5, No. 11 and VICI, The Mouthpiece, The New York State Association of Criminal Defense Lawyers, Vol. 11, No. 3, May/June, 1998 at 25 also cited with favor in People v. Sage, the Monroe County Court (Egan, J.), 1998. See Fiandach's New York DWI Bulletin, Vol. 5, No. 26, 1998 for article and decision. Article entitled: County Court Finds Service Date Controls for Supporting Deposition, at 1, 2 and 3. The People appealed and dismissal reversed. Case remanded to a new Judge. Case pending. October 23, 2000, Hon. Kenneth Gartner presiding. Adversary, ADA Michael Frimet. Seven day trial. Defendant, a Senior Vice President at Chase Manhattan Bank, was acquitted of common law D.W.I. (a misdemeanor) and failing to maintain a lane. He was convicted of D.W.I. per se (a misdemeanor), for allegedly blowing .15% on the Intoxylizer 5000. See also, 180 Misc.2d 690, 693 N.Y.S.2d 404 (App. Term, 1999); 196 Misc. 2d 171, 763 N.Y.S. 2d 386 (App. Term, 2003), leave to appeal denied, 100 N.Y. 2d 593, 766 N.Y.S. 2d 169. Also cited by Hon. Robert G. Bogle, Focus on Criminal Law, The Simplified Information and Supporting Depositions, The Nassau Lawyer, June, 2006 at 9. Mr. Liotti was the trial and appellate lawyer for Mr. DeRojas. See also, Fiandach’s New York DWI Bulletin, Information Status Reviewed, July 2003, Vol. 10, No. 7 and Peter Gerstanzang, Handling the DWI Case In New York, 2003-2004 edition at 16:10, 17:16 and 45:3. The defendant’s car was stopped after New York State Troopers saw it make unsafe lane changes. After approaching the car, the troopers observed that defendant appeared to be intoxicated, and he was asked to perform several field sobriety tests (alphabet recitation, finger-to-nose, one-legged stand and walk-and-turn). He later took a breath test, which revealed a blood alcohol content of .15%. The defendant was subsequently charged, by simplified traffic informations, with Driving While Intoxicated per se (Vehicle and Traffic Law § 1192[2]), Driving While Intoxicated (Vehicle and Traffic Law § 1192[3]), and making an Unsafe Lane Change (Vehicle and Traffic Law § 1128[a]). At his arraignment, he was provided with a supporting deposition, and his driver’s license was suspended pursuant to Vehicle and Traffic Law § 1193(2)(e)(7). Four days later, he was granted a conditional license after a hardship hearing. During the subsequent jury trial, defendant’s request for a Frye hearing on the field sobriety tests was denied by the court. Defendant was subsequently convicted of Driving While Intoxicated, per se and acquitted of the other two charges.

The essential issue for our examination in DeRojas is the well-reasoned challenge brought against the accusatory instruments. The theory advanced by the defendant on appeal was that the defendant was charged by means of a simplified traffic information. Since the offense charged was a misdemeanor, the arresting officer had the opportunity, but was not required to utilize an Information. An Information, of course, should have mandated “[n]on-hearsay allegations***[establishing] every element of the offense charged and the defendant’s commission thereof” CPL § 100.40(1)(c). In essence, the defendant contended that the Equal Protection Clause of the United States Constitution was violated because traffic infractions can be charged by either simplified traffic informations or misdemeanor informations, each of which have different requirements for facial sufficiency (see CPL § 100.15, § 100.25, § 100.40) and, therefore, create “two separate and unequal classes of persons charged with the misdemeanor crime of driving while intoxicated.
Consideration of whether or not a motorist charged with a misdemeanor relating to traffic is entitled to a “non-hearsay” pleading in the form of an information does raise a serious constitutional issue. At the core of the problem is whether it is permissible to differentiate what may be dispositive evidentiary standards in pleadings upon the simple election of the arresting officer to utilize a simplified traffic information as opposed to an information or a misdemeanor complaint.

People v. Darmante, (Suffolk County, 1996, Judge Gary Weber). Defendant charged with felony D.W.I. in Town of East Hampton. This was a 4th D.W.I. offense for our client together with a prior A felony drug charge for which he previously received a sentence of life-time probation. The client was also charged in this case with having a .39 Breathalyzer reading; leaving the scene of two (2) accidents and aggravated unlicensed operation of a motor vehicle. We referred our client to a clinical program, did a thorough investigation and had the case removed to Riverhead for a felony screening conference. There he received a sentence of straight probation (without a probation report) and no jail. He was ordered to complete the outpatient program to which he was referred by Mr. Liotti. Fines and surcharges of $1,205.00 were imposed and the client was granted a Relief From Civil Disabilities. A plea and sentencing occurred on the same day. Restitution was ordered, but since none was reported, nothing had to be paid.

People v. Michael Salvitti (Suffolk County District Court, 2001-2002, Hon. William B. Rebolini presiding). D.W.I. (1192.2, 1192.3 & 375.22). Following a two day pre-trial hearing, the stop of the defendant’s vehicle was determined to be illegal and all evidence seized thereafter was suppressed. See Published Decisions of Interest, New York Law Journal, August 26, 2002 at 1, 17 and 24, col. 3. Suffolk County, District Court, Judge Rebolini. Court Suppresses Field Sobriety Test Results Obtained After An Illegal, Pretextual Stop and Pretext Stop Results In Suppression, Mouthpiece, a publication of the New York State Association of Criminal Defense Lawyers, Vol. 15, No. 6, November/December 2002. The case was then dismissed.

People v. Goldstein (Docket No. 06-070093) Justice Michael Solomon presiding, Southampton Village Court. Driving while intoxicated charge. Defendant was found not guilty following hearings and a non-jury trial. The Court rendered a 12 page decision. See New York Law Journal, Decisions of Interest, November 26, 2007 at 1, 17 and 21 - Field Sobriety Tests Not Scientific in Nature; Defendant Not Guilty of Driving While Intoxicated - Defendant was charged with driving while intoxicated and failure to keep right. The court questioned if the initial stop of defendant’s vehicle was supported by reasonable suspicion and if his arrest was supported by probable cause. It found the officer had reasonable suspicion to believe defendant violated Vehicle and Traffic Law §1120(a) as the evidence adduced revealed defendant’s vehicle crossed the double yellow line and proceeded to travel in the oncoming traffic lane. Thus, defendant was found guilty of this charge. Also, the officers had probable cause to arrest defendant, as he displayed several indicia of intoxication, and defendant’s admissions were made in a non-custodial interrogation environment and admissible. However, while evidence demonstrated defendant’s coordination and balance were compromised to some extent, as field sobriety tests were not truly scientific in nature, the court weighed other factors, holding prosecutors failed to prove defendant violated VTL §1192(3), finding defendant not guilty of the charge.

People v. Parente (Nassau County District Court D.W.I.). Mr. Liotti instituted an Article 78 proceeding against the District Attorney and Administrative Judge to declare the D.A.’s sentencing guidelines unconstitutional and to disband Part 7, a special D.W.I. Part. See Michael Scholl, Court Action Challenges ‘Draconian’ DWI Policy, New York Law Journal, August 8, 2006 at 1 and 2; Ann Givens, Face-Off Over DWI Policy, Newsday, August 8, 2006 at A19 and Kieran Crowley, Drunken Stink, Lawyer Sues Nassau D.A. Over Call For D.W.I. Jail Time, New York Post, August 8, 2006 at 31. Mr. Liotti instituted an Article 78 proceeding against the District Attorney and Administrative Judge to declare the D.A.’s sentencing guidelines unconstitutional and to disband Part 7, a special D.W.I. Part. See Michael Scholl, Court Action Challenged ‘Draconian’ DWI Policy, Newsday, August 8, 2006 at A19 and Kieran Crowley, Drunken Stink, Lawyer Sues Nassau D.A. Over Call For D.W.I. Jail Time, New York Post, August 8, 2006 at 31.

Liotti v. Nassau County, (December, 1997) Mr. Liotti commenced an Article 78 proceeding against Nassau County, compelling it to show cause why the DWI statue it erected in front of the County Court should not be removed. A story about the case appeared on News 12 Long Island on December 26, 1997. This story cited to Mr. Liotti's case as the inspiration for Southampton attorneys to rid their Town Court of STOP D.W.I. poster ads placed there by MADD and with the approval of the Town Justice. See Colin Grey, DWI Posters Draw Protest, Southampton Press, week of December 24, 1997. See also, Today's News - Update - New York Law Journal, December 29, 1997 at 1; John T. McQuiston, Memorial Statue Removed in Nassau, The New York Times, January 8, 1998 atB5; Associated Press, Courthouse Removes DWI Sculpture, Albany Times Union, January 11, 1998; DWI Statue Moved From Nassau Court, New York Law Journal, January 16, 1998; and A Message Cast In Bronze - Statue's location sparks removal campaign, ABA Journal - Obiter Dicta - March, 1998 at 14. See, also, Edward Fiandach, Nassau County To Remove Controversial DWI Statue, Fiandach's New York DWI Bulletin, February 5, 1998 at 1, Vol. 5, No. 3, 1998, MTC Publications Inc. and Mary Ann Barton and Kevin Wilcox, County on Line News, News From The Nation’s Counties, National Association of Counties, Washington, D.C., February 2, 1998, Vol. 30, No. 2.

Parente & Liotti v. Rice & Marano, Article 78 proceeding (2006, Supreme Court, Nassau County, Justice Zelda Jonas). See Michael M. Martino, Jr., Dry Martino, Politics Shaken and Stirred, Rice is Right, Long Island Press, August 10-16, 2006 at 10; Frank Eltman (The Associated Press), Prosecutor Plans To Target Repeat DWI Offenders, The Daily Gazette, Albany, New York, September 25, 2006 at B4; Ann Givens, DUI Rules Pass 1st Test, Nassau DA Scores ?Victory When Judge Rejects Suit Disputing Her Drunken Driving Policies, Newsday, December 22, 2006 at A20; New York Law Journal, January 3, 2007 at 1, 21 and 24 and Tom Perrotta, Court Finds Constitutional Nassau’s Drunken-Driving Part, New York Law Journal, December 28, 2006 at 1 & 2. Constitutional Challenge of Nassau County DWI Part, Plea Bargaining Policies Denied as Improper - Petitioners sought to declare the newly created Nassau County District Court DWI Part 7 and the plea bargaining policies of the district attorney unconstitutional. The court stated it lacked subject matter jurisdiction over the proceeding, noting as Article 78 proceeding brought under the Civil Practice Law and Rules naming a Supreme Court Justice as a respondent needed to be commenced in the Appellate Division, Second Department. It noted petitioners’ constitutional challenge was more appropriately raised on appeal within the context of the driving while intoxicated proceeding petitioner was being prosecuted for in District Court. The court ruled even if it were to consider petitioners’ arguments, it would find the establishment of the special DWI Part 7 by the administrative judge clearly constitutional. It stated petitioners improperly attempted to “bootstrap” the constitutionality of the creation of the DWI part to the constitutionality of the new plea bargaining policies set by the district attorney, which the court found were two separate and distinct issues. Thus, it denied the motion. See Ann Givens, Suit Over DA Staff Residency, Defense Attorney Charges Prosecutor’s Office With Breach of Code in Hiring Lawyers Living Outside Nassau, Newsday, February 13, 2007 at A16.

People v. R.C. (2005-2006, Nassau County, Hon. William O’Brien). An accident occurred in June, 2005 and a young motorcyclist ran a red light and crashed into client’s vehicle. The motorcyclist died as a result and the client pled guilty to reduced charges of Driving While Intoxicated and Leaving the Scene of an Accident, both Class “A” Misdemeanors. He received a sentence of 30 days (serving 14 days) and probation which were appealed. See Joyce Brown, Drunk & Driving Always = Stupid, Newsday, August 10, 2006 at A8; Zachary R. Dowdy, West Hempstead, Attorney Sentenced In Fatal D.W.I. Hit-Run, Newsday, September 15, 2006 at A57 and Timothy Bolger, Justice Lite, Former Prosecutor Gets Wrist Slap In Fatal D.W.I., L.I. Press, September 20, 2006 at 11.