Criminal Cases
December 17, 2010
12 Year Old Murder Conviction Vacated by Saratoga County Court
People v. Katherine S. Indictment #M 083-2000 and #M 160-2000V
Ben Ostrer & Vernon Broderick, Corey Chivers and Tashanna Pierson obtained an order vacating the 2001 plea of guilty entered in a Saratoga County homicide case by Katherine Seeber, a then 19 year old defendant accused of being complicit in the murder. The Court vacated the conviction based upon constitutional violations which prompted the original guilty plea.
Read More from the Times Union
Read More from the Troy Record
Benjamin Ostrer obtained a not guilty verdict on the second day of deliberations on all charges in a case brought by Attorney General's Organized Crime Task Force. The defendant a 23 year old woman had served as a Grand Juror and had been accused of leaking information to targets of the Grand Jury investigation which returned indictments on 44 individuals in what the Attorney General's Office had labeled "OPERATION BURNING PLANT" when the indictments were unsealed in November, 2009. The two week trial before Hon. Jeffrey G. Berry in Orange County Court may be the only not guilty verdict obtained against the OCTF during Cuomo's tenure as Attorney General.
February 18, 2009
Sex Abuse Charges Dismissed
People v. Michael L. Indictment # 703-2008
David Hoovler secured dismissal of indictment for B Felony Sexual Abuse and related charges based upon the District Attorney's failure to advise the Grand Jury that the alleged minor victim had denied any misconduct to County Investigators.
November 18, 2008
DWI Charges Dismissed
People v. Chris S. Indictment # 531-2008
David Hoovler obtained dismissal of all charges against local man. Hoovler successfully asserted the Grand Jury had not been properly instructed with respect to the location of the car in the defendant's driveway.
March 10, 2008
Not Guilty Verdict in Murder Case
People v. Pitkin Ind. # 15-2007; Ulster County, N.Y.
Ben Ostrer obtained a not guilty verdict on Murder 2nd Degree and related charges filed against a 26 year old man accused in the death of a 10 month old child left in his care.
The prosecution alleged that the child had been shaken by the defendant.
February 14, 2008
Not Guilty Verdict in Sexual Abuse Case
People v. J.V. Case # 07020305
Ben Ostrer obtained a not guilty verdict on all charges against J.V. who was accused of sexually abusing the teen-age daughter of his former girl-friend.
March 23, 2006
Prosecution terminated against College Professor after Mistrial declared in sexual abuse case
People v. W.T. Ulster County Indictment # 175-2006
Ulster District Attorney's Office announced it would not pursue charges against a College Professor accused of sexually abusing a student after mistrial was declared during jury deliberations. Ben Ostrer of Ostrer & Hoovler, P.C. had presented information undermining key elements in the case and likely false testimony by a key prosecution witness.
