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. Thomson

The defendant allegedly stole a vehicle and led police on a high-speed chase across Albany and Saratoga Counties, which ended when he drove the vehicle into occupied police cars. He was indicted in both counties, where charges against him included attempted murder in the first degree. While represented by local counsel, the defendant pleaded guilty to attempted murder in the second degree in the Albany County case and attempted manslaughter in the first degree in Saratoga County case. As a result of our legal representation, both judgments were later vacated.

We Proved Ineffective Assistance of Trial Counsel

After the pleas, the defendant sought to appeal his judgments. His trial attorney filed a brief with the court outlining why an appeal would be frivolous and sought to withdraw from the case. Based on this brief, the Supreme Court, Appellate Division, affirmed the Saratoga judgment. The defendant then retained our firm to represent him. Ben Ostrer was lead attorney on the case.

We filed a motion to vacate the Albany County judgment arguing that the defendant’s attorney had not adequately defended him. Mr. Ostrer advised the court that although the defendant was intoxicated during the incident, his trial attorney never obtained any medical records relative to the intoxication, nor he did not advise the defendant that the intoxication constituted a potential defense to the intent element of the charged crime. The court then granted a hearing to determine the adequacy of the defendant’s legal representation.

During this hearing, the defendant’s former attorney acknowledged his failure to (1) obtain medical evidence, and (2) advise the defendant on the impact of the intoxication on his case. As a result, the Supreme Court, Appellate Division vacated the Albany County Court judgment. Our firm then sought to vacate the plea in Saratoga County based on the fact that two cases arose out of the same incident, and that the defendant had been represented by the same attorney in both county courts. The Appellate Court found that its decision in the Albany County case compelled the conclusion that the guilty plea in Saratoga County must also be vacated.

Read more Ostrer & Associates Criminal Verdicts.

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