CASE RESULTS

CRIMINAL DEFENSE

Charges: Criminal Possession of a Weapon in the Third Degree (D Felony).

Circumstances: Case involved three guns found unlawfully in the Defendant’s garage.

Result: CASE DISMISSED.

PERSONAL INJURY

Slip and fall on ice case, outside of a hotel, causing shoulder injury that did not require surgery.

Result: SETTLED for $60,000.

PERSONAL INJURY

Slip and fall case that resulted in sore back and neck.

Result: SETTLED for $66,000.

PERSONAL INJURY

Car accident in Livingston County, NY.  Backseat passenger broke distal humerus.  

Result: SETTLED for $115,000.

PERSONAL INJURY

Car accident that resulted in compound wrist fracture.

Result: SETTLED for $100,000.

CRIMINAL DEFENSE

Charges: Rape in the First Degree (B Felony), Burglary in the First Degree (B Felony).

Circumstances: D erroneously charged with knifepoint rape and burglary.  D’s DNA was found on V’s underwear, however D previously lived with V at residence.  D presented evidence he was out of state at the time of the commission of the crime.

Result: ALL CHARGES DISMISSED.

CRIMINAL DEFENSE

Charges: Criminal Contempt in the First Degree (E Felony), where D faced state mandatory state prison if convicted, because of a prior felony.

Circumstances: D punched complainant in the face and head at the courthouse, in violation of a court issued order of protection. Fight captured on video.  Justification defense.

Result: NOT GUILTY after trial.

PERSONAL INJURY

Slip and fall case involving a step that was not built to code.

Result: SETTLED for $120,000.

PERSONAL INJURY

Motorcycle accident in Ithaca, NY.

Result: SETTLED for $97,500.

PERSONAL INJURY

Car accident in Rochester, NY.

Result: SETTLED for $35,000.

CRIMINAL DEFENSE

Charges: Criminal Possession of a Weapon in the Second Degree (C Felony), where D faced at least 3 ½ years in state prison if convicted.

Circumstances: Police responded after a report of a fight at an apartment complex.  D pulled over and a loaded revolver was found underneath the driver’s seat of the car D was driving.  A front and backseat passenger were in the car, both of whom were called as prosecution witnesses.

Result: NOT GUILTY after jury trial.

CRIMINAL DEFENSE

Federal Criminal Appeal: Successful 2nd Circuit Appeal that resulted in a reduction of D’s sentence by 3 1/3 years.

Holdings:

[1] The court held that the district court erred in application of the sentencing adjustments as its imposition of a sentencing enhancement under U.S. Sentencing Guidelines Manual § 2K2.1(b)(6)(B) constituted prohibited double-counting as the weapons trafficking offense and the other-felony-offense enhancement punished the same behavior.

[2] The court further held that the district court's rulings on adjustments under U.S. Sentencing Guidelines Manual § 3C1.1 and U.S. Sentencing Guidelines Manual § 3E1.1 were not supported by the requisite factual findings.

CRIMINAL DEFENSE

Charges: Burglary in the Second Degree (C Felony), Petit Larceny (A Misdemeanor) and Harassment 2nd (Violation). 

Circumstances: D alleged to enter a residence with the intent to steal property and, while inside, confronted the person who lived there. Further alleged that D shoved and threatened him after a heated exchange and, thereafter, stole property.

Result: Burglary and Petit Larceny charges DISMISSED. D pled guilty to the violation (not a crime) of Harassment.

CRIMINAL DEFENSE

Charges: 2 Counts of Grand Larceny 3rd (D Felonies).

Circumstances: D was charged in two different towns at two different times after allegedly embezzling in excess of $20,000 for collecting money for two separate construction jobs and not completing the work. D was previously charged with Fraudulent Disposition of Mortgaged Property, unrelated to the instant offenses, and the case was dismissed on motion by Mr. Pilato.

Result: All felonies DISMISSED and D pled guilty to one count of Petit Larceny and was sentenced to a one-year conditional discharge after paying $10,000 in restitution in satisfaction of the full amount.

CRIMINAL DEFENSE

Result: CASE DISMISSED.

Charges: Assault in the Second Degree.

Circumstances: Case involved a charge against a woman for allegedly causing injury with a bottle. 

CRIMINAL DEFENSE

Charges: Reckless Endangerment in the First Degree (D Felony), Assault in the Third Degree (A Misdemeanor).

Circumstances: Case involved a .38 Special Smith & Wesson revolver that was discharged in a restaurant.  

Result: CASE DISMISSED.

CRIMINAL DEFENSE

Charges: Criminal Possession of a Weapon in the Third Degree (D Felony).

Circumstances: Case involved a search of client and the recovery of what was alleged to be an illegal knife on someone who had a prior assault conviction.

Result: CASE DISMISSED.

CRIMINAL DEFENSE

Charges: Criminal Possession of a Weapon in the Third Degree, Criminal Possession of a Firearm, Criminal Possession of a Weapon in the Fourth Degree, Unlawful Possession of Marijuana, Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, Speeding.

Circumstances: Case involved a traffic stop in Fairport, NY that led to an arrest and a search of the vehicle.

Result: CASE DISMISSED.