Scott Bookstein, PLLC

PRIOR RESULTS

ASSAULT IN THE FIRST DEGREE: DISMISSED

A labor dispute breaks out into a huge melee. Two individuals stabbed multiple times, sustaining serious physical injury. Client testifies in the grand jury that he caused the complainants' injuries, but had been attacked and was acting purely in self-defense. Grand jury outcome: DISMISSAL of all charges.

WEAPONS POSSESSION: DISORDERLY CONDUCT PLEA

Client arrested at local airport in possession of a loaded operable firearm without a New York State license, charged with Criminal Possession of a Weapon in the Second Degree. Client, an out of State resident, excused from most court appearances; extensive mitigation presented, and case ultimately resolved with a non-criminal disposition. Negotiated outcome: DISORDERLY CONDUCT [a violation of the law and not a crime] with a small fine.

MURDER/WEAPONS POSSESSION: NOT GUILTY

A group of individuals, including client, are hanging out on a corner when a fight breaks out. The police secure almost thirty (30) minutes of video surveillance from the corner that includes the fight. A few individuals momentarily walk outside the frame of the video at which time the decedent is shot and killed. Client identified as the shooter and D.A. argues at trial that the video shows the firearm used in client's waistband. Jury verdict: NOT GUILTY on all counts.

WEAPONS POSSESSION/FORGED INSTRUMENTS: EVIDENCE SUPPRESSED, CASE DISMISSED

Client inside a vehicle stopped by the police who recovered two loaded operable firearms, fake identifications and credit cards. Suppression hearing conducted, client testified at the hearing and the Court suppressed [threw out] all the evidence resulting in a dismissal of all counts contained in the Indictment. Hearing outcome: SUPPRESSION OF EVIDENCE AND DISMISSAL OF ALL CHARGES.

DRIVING WHILE INTOXICATED: DISMISSED

Client charged with fourth DWI related crime. Defense drafted a motion challenging prosecution’s certificate of compliance as defective and moved for dismissal of the charges under speedy trial law. Decision by the Court: Motion granted and case DISMISSED.

HOME INVASION/BURGLARY: POSSESSION OF STOLEN PROPERTY AS A MISDEMEANOR

Family leaves their home to pick up breakfast around the corner. While out, their house is burglarized with assorted property stolen. Video surveillance shows the individual walking away from the home with a bag of property. Police quickly discover that client just got out of jail after serving time for burglarizing the very same home a few years earlier. They conclude he matches the description, locate him within three hours of the crime in possession of a bag containing some of the complainant’s property. Client facing up to fifteen (15) years in jail. Jury verdict: NOT GUILTY of all felony counts, guilty of a single misdemeanor charge of Possession of Stolen Property [sentenced to time served].

MURDER: NOT RESPONSIBLE

During police interrogation, client confesses to strangling her young child. Client examined by forensic psychiatrist hired by the defense who determines that client was delusional at the time and suffered from a mental disease or defect; the prosecution's expert contests those findings. During protracted litigation, prosecution ultimately convinced to go against the advice of their own expert and agrees that client was "not responsible," the legal term for what is commonly referred to as an "insanity" defense. Outcome: Client sent to New York State Commissioner of Mental Health and case permanently removed from criminal justice system.

Murder/Weapons Possession: NOT GUILTY

Decedent ambushed and shot several times, execution style. Numerous bystanders present and portions of incident captured on video tape. Client identified in photo and line-up as shooter. Client arrested and makes statement to police that D.A. interprets as motive to commit crime. Jury verdict: NOT GUILTY on all counts.

Assault/Attempted Murder/Robbery: NOT GUILTY

Complainant was accosted by three assailants who assaulted him, attempted to rob him and fled. A few minutes later, the complainant sees the main perpetrator alone and confronts him. That assailant pulls out a firearm and shoots the complainant. The police recover video surveillance, from six separate high quality color cameras, of all three assailants inside a convenience store for more than ten minutes immediately preceding the incident. Client subsequently identified by the complainant and store manager as the shooter and participant of the robbery. Jury verdict: NOT GUILTY on all counts.

Marijuana: DISMISSED

Client arrested inside premises where over one hundred (100) lbs of marijuana were recovered. Client testified in the Grand Jury that he was just a guest and knew nothing about it. Grand Jury outcome: DISMISSAL of all charges.

Kidnapping/Attempted Murder/Robbery/Weapons Possession: NOT GUILTY

Client and co-defendant charged with abducting the complainant at gun point, stealing his ATM card, beating his PIN # from him, and shooting him in the back when he tried to escape. The gun was recovered and the prosecution secured video surveillance of one of the assailants subsequently using the complainant’s ATM card at two different locations. In addition to the complainant’s testimony at trial, the prosecution entered into a cooperation agreement with the co-defendant who testified that he committed the crime, that client was his participating partner and that he knows him for years. Jury verdict: NOT GUILTY on all counts.

Rape: DISMISSED

Complainant alleges that Client forced her to engage in sexual intercourse. Before retaining counsel, Client interviewed by police and denied any sexual encounter with the complainant. Client testified in the Grand Jury that he lied to the police, did in fact have sex with the complainant, but it was consensual. Grand Jury outcome: DISMISSAL of all charges.

Murder/Weapons Possession: NOT GUILTY

Decedent shot and killed on the street. Client picked up by the police and confesses to having a dispute with the decedent, going to the location and engaging in a fist fight with the decedent when the shots were fired. Jury verdict: NOT GUILTY on all counts.

Burglary/Robbery: DISMISSED

Complainant woken up in bed to find several masked assailants demanding property from him at gunpoint. One assailant left DNA inside this home, which was matched to a compelled sample of Client’s DNA profile. Motion to suppress Client’s DNA granted. With no additional evidence against Client, the Indictment was DISMISSED.

Robbery/Assault: NOT GUILTY

Complainant assaulted and robbed inside an elevator. The entire incident is captured on video tape. Client identified by complainant. Bench trial, Judge’s verdict: NOT GUILTY on all counts.

Gang assault: DISMISSED

Complainant attacked by group as part of gang induction. Assailants attempted to sever complainant's hand with knives. Client identified and arrested in vicinity of crime shortly after the incident. Established an alibi and presented it to the prosecution. Result: D.A. agreed to dismiss all charges.

Burglary: NOT GUILTY

The police respond to calls of a commercial burglary immediately after superstorm Sandy and see looters inside a store with no electricity and a broken security gate, raised up with a car jack. Police officers and a lieutenant testify that Client was apprehended rolling out from under the gate of the establishment. Bench trial, verdict: NOT GUILTY of all counts except trespass [a violation of the law and not a crime].

DISCLAIMER: This website and the information contained herein are designed for general informational purposes. The information presented at this site should not be construed to be formal legal advice, nor does it constitute the formation of an attorney-client relationship. Nothing herein, including the sample of “prior results,” is intended to nor constitutes a guarantee, warranty or prediction regarding the outcome of your legal matter, as every client and case are unique and outcomes vary depending on the facts and legal issues specific to your case.