We provide vigorous and effective representation for clients charged with all types of crimes in Federal, State and Appeals courts. Our experienced team of attorneys is led by Ben Ostrer, a criminal trial attorney with an AV-rating from Martindale-Hubbell. He has won acquittals for defendants in felony and misdemeanor trials - including charges of Homicide, Assault, DWI, Sex Crimes, White Collar offenses - as well as conviction dismissals and judgment reversals on Appeal. The case below is one example.

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People v. Victor

The defendant was convicted in the County Court of Chenango County of criminal possession of a controlled substance in the second and third degrees, conspiracy in the second degree, and criminal possession of a weapon in the second and third degrees. We successfully appealed the case, obtaining a conviction dismissal of one of the weapons charges and a judgment reversal of all remaining charges.

We Proved Conviction for Criminal Possession of a Defaced Weapon Was Flawed

While executing a search warrant of a storage unit, police found several weapons. The serial number on one of the weapons was alleged to be scratched, etched or ground off, resulting in the defendant being charged and convicted of possession of a defaced weapon. On appeal, Ben Ostrer successfully argued that this conviction was against the weight of the evidence. He demonstrated that the photographs of the revolver found in the storage unit, that had been admitted into evidence, did not reflect that the serial number was defaced and presented evidence that the officer’s testimony at trial did not address the condition of the serial number on that revolver. Based on these arguments, Defendant’s conviction on this count was dismissed.

Identified Procedural Error Results in Judgment Reversal

On appeal, we raised issues as to the County Court’s handling of jury notes. Rather than read a note verbatim, the court paraphrased a note omitting a key term. Ben Ostrer successfully argued that the court’s actions regarding the reading of the note constituted mode of proceedings errors that required a reversal of judgment for the defendant. The Appellate Division Third Department agreed, and reversed judgment on all counts.

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Our lawyers explore every avenue of defense by thoroughly reviewing police reports, interviewing witnesses, and gathering key facts and evidence. We conduct a comprehensive analysis to ensure that your constitutional rights were not violated.

If you have been charged with a crime, contact the experienced Hudson Valley criminal defense attorneys of Ostrer & Associates, P.C.

P.O. Box 509
111 Main Street, Chester, NY 10918