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Case Examples

Many criminal cases can be resolved through negotiations between a seasoned criminal lawyer and a reasonable prosecutor. But not all cases can or should be resolved in that manner, and the very best criminal lawyers are veterans of criminal litigation with extensive experience in pre-trial motion practice, suppression hearings and jury trials. Our trial abilities have been honed by years of battle in courtrooms throughout the metropolitan New York area. We have successfully tried jury cases before some of the toughest and well-known judges in the nation, such as the late Hon. Justice Harold J. Rothwax. We have successfully handled criminal cases of virtually every conceivable variety.

Below we have provided a brief sampling from our numerous successfully defended cases.

The defendant was arrested for violations of §§ 1192.2 and 1192.3 of the Vehicle and Traffic Law.  While leaving the parking lot of the Jones Beach Amphitheater after a concert, he was pulled over by New York State Park Police based on information from a passing motorist about an argument between the occupants of the defendant’s car.  Through cross-examination at a suppression hearing, CGMB Associate Zeena Abdi established that prior to the stop of the car the police did not observe any traffic violations, infractions, or any violence between the defendant and the other occupant.  In addition, we elicited that the passing motorist, the source of the information, had not witnessed any such violence either.  After the hearing, the judge determined that the stop of the defendant’s car was unreasonable, as there was no evidence that the police had a reasonable suspicion to stop and seize the vehicle.  The judge held that any subsequent discovery of evidence was “derivative evidence” obtained by an illegal seizure and should be suppressed.  Therefore, any statements alleged to have been made by the defendant after the stop, any observations of the defendant by the police officer, and the breath test result obtained by the police were suppressed.  With all the evidence having been suppressed, the District Attorney had no alternative but to dismiss the charges.

Our client was a concrete worker, father of two children and part-time golf caddy charged with selling cocaine to an undercover cop in Nassau County. At the time we entered the case, he was represented by another lawyer and had been sitting in jail for many months awaiting trial. Virtually everyone involved in the case, including his former attorney, were totally convinced of his guilt. The chief piece of evidence for the prosecution was a hidden camera videotape of the transaction. While the person in the tape looked remarkably like our client, after repeated viewing Rick Collins began to notice subtle dissimilarities in the voice and facial characteristics. Rick succeeded in proving that the man selling cocaine in the videotape was not our client, and even actually identified the true culprit. Our client was released from jail, and all charges were dismissed.

In Brooklyn Supreme Court, Marc Gann won an acquittal in a major indictment prosecuted by the Rackets Bureau of the Kings County District Attorney’s Office. Our client, the owner of a legitimate auto parts business, was acquitted of all charges connected to his alleged running of a stolen auto parts enterprise.

Our client was a 23 year old man charged with Criminal Sale of a Controlled Substance as an A Felony, for allegedly selling methadone, a controlled substance in New York State. The detective assigned to the case swore in an affidavit that through his training and experience he recognized the alleged drugs to be methadone. He further swore that he had performed a field test on the alleged drugs which yielded positive results. Gerard McCloskey requested further testing of the alleged drugs, which proved that the substance was in fact not methadone or any other controlled substance under New York State law. Our client was released and all charges were dismissed.

Our client, a 50 year old scientist, was accused of driving while intoxicated when he was found passed out behind the wheel of his car with the key in the ignition. The client was concededly intoxicated, and our defense focused on the issue of “operation” of the car. Bob McDonald’s thorough investigation gathered evidence that our client had driven his car to the location before he had consumed alcohol, then returned and fell asleep in it after drinking in a nearby Indian restaurant. Bob’s persuasive presentation of facts to the supervising prosecutor was so convincing that the prosecution agreed to dismiss all charges even though our client had two previous drunk driving convictions.

Our client was a 30 year old man with an extensive criminal history accused of Driving While Intoxicated in Nassau County. Gerard McCloskey, after extensive cross examination of both the arresting officer and the officer who administered the breath test, was able to convince the District Attorney’s Office to dismiss the Driving While Intoxicated charge mid-way through the trial.

Our client was indicted for robbery of a clothing store based on the testimony of three employee eyewitnesses. We presented a theory of misidentification to the trial jury and vigorously cross-examined each witness. The jury found our client not guilty.

Successful businessman, father of three, accidentally struck an elderly pedestrian who stepped from between parked cars into the path of his vehicle. He was arrested for driving with a suspended license for having failed to answer minor traffic tickets. But he was later indicted for the more serious charge of felonious assault, under the theory that the injury to the pedestrian was inflicted while in the commission of an underlying felony (driving with a suspended license). The indictment presented a novel issue of law. Marc Gann’s highly researched legal motion to dismiss the assault charge, based upon our position that the law did not intend driving with a suspended license as an underlying felony for felonious assault, was granted by the trial court judge. Refusing to back down, the Brooklyn District Attorney’s Office appealed to the Appellate Division. After Marc’s oral argument, we won again before the Appellate Division. The District Attorney tried to appeal yet again, but was turned down by the highest court in the State.

Our client, a nursery school teacher with no criminal history was the passenger in a motor vehicle when the driver was pulled over by the police. The police claimed that the driver attempted to flee and that his car had to be blocked in. The police further claimed that our client had resisted arrest by flailing her arms and pushing officers. Through his investigation, Gerard McCloskey was able to obtain a video of the incident, which showed that our client had been tackled to the ground by law enforcement without provocation and at no point in time had she resisted arrest. All charges were dismissed.

Army veteran with no criminal record was charged with felony sale of narcotics to an undercover police officer and a confidential informer. We believed our client was merely a “middleman” in a complex transaction. After extensive legal and factual research, we put the client before the grand jury to lay out an entrapment defense. Our strategy resulted in the dismissal of all charges.

Our client, a former professional boxer (undercard for Mike Tyson in Atlantic City), was charged with the gun-point robbery of two suspected drug dealers on a street in Harlem. For reasons of trial strategy, we decided it would be best to refrain from calling our client as a witness in his own defense. Instead, Rick Collins extensively prepared an attack on the credibility of the drug-dealing “victims.” In the crucible of cross-examination, these witnesses were exposed as liars on several key points. The jury acquitted our client of all robbery charges.

Our client was a respected nurse falsely accused of harassing a former boyfriend by telephone and mail. Charges were brought in both Manhattan and the Bronx. After our exhaustive investigation, all charges in both counties were dismissed.

Our client was accused and indicted for drug trafficking in a city park. We aggressively investigated the case and personally canvassed the scene of the incident for possible witnesses. Ultimately, we found an eyewitness who had been overlooked by the police. We successfully convinced the trial jury that our client was the wrong man.

Our client, a likeable man with regrettable involvements, was stopped while driving in New York City and caught red-handed possessing a very large quantity of narcotics and having numerous illegal guns in his trunk. The case was extremely serious and our client faced a life sentence in prison. After exhaustive factual and legal research, we believed that the police stopped our client illegally. After Rick Collins battled the New York County prosecutor at pre-trial suppression hearings, the court agreed that the stop of our client’s car was illegal. All evidence was suppressed, and the entire case was dismissed.

Our client, a 32 year old developmentally challenged man with the mental capacity of between a three year old and a seven year old, was charged with the sexual molestation of an eight year old girl in the basement of a Manhattan church. Having been hidden away since birth by his immigrant family, he had received no schooling or socialization and was a confused mix of adult urges and infantile understanding. We cut through a maze of bureaucratic red tape so that this unfortunate and neglected man received help to prevent a tragic occurrence from ever happening again. We presented our efforts on his behalf as part of an extensive motion to dismiss the charges in the interests of justice. All charges were dismissed.

Our client, a driver for an ambulette service, was accused of the knifepoint robbery of a fruit juice delivery truck driver. Through cross-examination of the witnesses, we established that our client was not involved with the threat of any force whatsoever. A Nassau County jury acquitted him of all felony charges.

Our client was a prior felony offender charged with drug sale to an undercover police officer recorded on audiotape. Our repeated examination of the tape and thorough investigation led us to believe that the true seller was actually the client’s own brother. Although the brother refused to admit the crime, Marc Gann presented him for the trial jury to hear the tone and inflections of his voice. The jury acquitted our client of all charges.

Marc Gann represented an employee of the New York City Department of Sanitation accused of being involved in a stolen car conspiracy. It was alleged that numerous Sanitation employees illegally tagged vehicles as abandoned, towed them away and sold them to salvage yards. After extensive motion practice, Marc obtained a complete dismissal of all charges against our client.

Our client was a suburban mother charged with assault and violation of an order of protection arising from a neighborhood dispute. At trial, our cross-examination of the complainant revealed that she initiated and instigated the incident. The jury acquitted our client of all charges.

Our client was a troubled teenager charged with impersonating a bus driver and taking a crowded bus of unsuspecting passengers for a joyride. The teen was able to make several scheduled stops (luckily, discharging all passengers) before eventually losing control and crashing the vehicle into a ditch. Our investigation revealed a false and misleading account provided by bus company employees who were less concerned with the truth than with limiting their own liability. Despite strong initial opposition from the bench, we ultimately obtained a dismissal of all the charges in return for the teen’s participation in counseling and an intensive community program.

Our client was charged with kidnapping and assault in New York City and was facing a mandatory minimum sentence of 15 years to life. Bob McDonald vigorously challenged the admissibility of the “confession” extracted from our client, arguing that the “Miranda Warnings” given by the police in this case were inadequate. After evidentiary hearings were held, the Court agreed and suppressed the confession.

Our client was an elderly gentleman on probation for drunk driving in New York who went on a serious drinking binge on a truck trip to Florida. In what is probably an unprecedented case, our client was arrested for drunk driving three times in the course of one day – in three different states (Virginia, South Carolina and Florida). We immediately entered our client into an intensive rehabilitation program. Coordinating with out-of-state counsel and with probation officials from New York, we arranged a resolution by which our client avoided any jail sentence or violation of his probation whatsoever.

Our client was a 72 year old grandfather dragged into court falsely accused of molesting his grandchildren. We presented him for testimony before the grand jury, which believed his account of events and dismissed all the charges.

A 30 year old father of two, our client was falsely accused of felony drug possession. As a result of our investigation and strategy, all charges were dismissed by the grand jury after the testimony of his mother and witnesses.

The 17 year old brother of a police officer, our client was accused of illegally possessing a loaded weapon. After grueling cross-examination of the arresting officer by Bob McDonald, the court found that our client had been improperly searched. All charges were dismissed.

Our client was charged with the serious crime of first-degree assault. We extensively investigated the incident and interviewed the complainant in detail. All charges were dismissed by the grand jury.

A 30 year old son of a retired police officer, our client was falsely accused of robbery and faced up to 25 years in jail. There were complex legal and factual issues, which we extensively researched. At trial, after our aggressive cross-examination of the state’s witnesses, our client was found not guilty of robbery.

Our client was falsely accused of narcotics possession and indicted by a Nassau County grand jury. He faced a sentence of 25 years to life in prison. We successfully convinced the court that the evidence was insufficient, and all charges were dismissed.

Our client was charged with impersonating a police officer while robbing a Mexican restaurant. We won a jury acquittal in the County Court of Nassau County.

Collins Gann McCloskey & Barry PLLC has successfully defended many hundreds of other cases, from homicide charges on down. Partner Rick Collins has also defended numerous cases involving health and sports drugs, including anabolic steroids. We are keenly aware that being criminally accused of any charge, even a minor one, can be absolutely devastating. We devote our time and thorough attention to the individual circumstances and details of every client’s case. We are highly available to meet our clients’ needs and answer their questions at 516-294-0300.


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