-
Aggravated DWI
- DWI
Reduced
In people v. R.B. the police charged a young man with leaving a prominent
area country club while intoxicated. They said that he nearly caused several
accidents and had been reported by 911 to the police in three different
towns in Monroe County. The police located the defendant as he pulled
into his parent's home. R.B was arrested for aggravated DWI, with
an alleged blood alcohol content of .37, four and a half times the legal
limit. He was facing up to a year in jail. Mr. King was brought a 22-page
motion challenging the officer's approach of the defendant on private
property and the validity of the tickets issued by the police. The prosecutor
feared potential dismissal, and offered a fine, which R.B. gladly accepted.
-
Aggravated DWI
- DWI
Reduced
In people v. F.L. a local engineer was charged with aggravated DWI after
allegedly striking a curb and disabling his vehicle. He was arrested a
short distance away and returned to the scene for identification by a
civilian witness. Mr. King challenged the ability of the police to make
an arrest based on an anonymous tip as well as the reliability of the
identification of the defendant by the civilian witness. He presented
a 30 page motion including relevant case law. Prior to the beginning of
the hearing on the issues Mr. King had presented, the judge convinced
the prosecutor to offer a plea to a traffic ticket, which the client was
happy to accept.
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Animal Cruelty
- Violent Crimes
Case Dismissed
In people v. D.W. police raided an apartment based on a tip from a neighbor
of suspected illegal behavior inside. They found nothing illegal, but
a dog was found in a construction pit in the back yard. The owner was
charged with animal cruelty.
Mr. King completed a complete investigation and proved that the dog was
well cared. He further showed that the dog had in fact fled when the police
entered the property on less than probable cause and had fallen into a
work site. The case was dismissed by the judge.
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Assault in the 2nd Degree
- Violent Crimes
Case Dismissed
Court - Greece Town Court
In People v. C.B, the police received a call from a woman admitting to
stabbing her boyfriend with a knife. Upon arrival the officers found the
two of them covered in blood in their apartment. Mr. King's investigation
showed that the "victim" of the crime was a suspected drug dealer.
He also uncovered evidence that the incident actually involved a drug
debt and fight with another person. When the man was stabbed he forced
the defendant to say she had stabbed him under duress, so he could receive
medical treatment without jeopardizing the code of the street and reporting
the actual defendant.
-
Assault in the 3rd Degree
- Violent Crimes
Plea
Court: Rochester City Court
In People v. S.R., the police accused the defendant of attacking a bouncer
from behind while he was escorting another bar patron from a popular local
hangout, causing physical injury. The prosecutor provided photographs
showing injury to the bouncer's face. Mr. King challenged whether
his client was the initial aggressor.
Result: plea to disorderly conduct, a sealed violation - 24 hours community service
-
Assault in the First Degree
- Violent Crimes
Dismissed
Potential Jail Time: Maximum Sentence 25 years New York State Prison.
Court: Rochester City Court
In People v. A.V., a bar fight at a local pub ended with three shots fired
and a victim shot in the head and torso. The victim identified Mr. King's
client in a photo array. The Defendant had been suspected in a prior menacing
with a weapon. Mr. King conducted his own investigation with the help
of a private investigator and showed personal characteristics on his client
that were not present on the shooter. An alibi defense was also developed.
At the second court date the charges with withdrawn and dismissed by the
prosecutor.
-
Assault in the Second Degree
- Violent Crimes
Reduced
In people v. K.R. the defendant was an honorably discharged soldier charged
with beating her son with a drum stick. The defendant faced up to seven
years in jail. Mr. King challenged whether the defendant had in fact injured
the child. He also showed proof of involvement by child protective services
and an action plan for the mother. The records were sealed, on a plea
to the violation of Harassment in the second degree and the defendant
paid only a $125 surcharge to New York State.
-
Assault in the Third Degree
- Violent Crimes
Dismissed
In people v. J.R. a local business owner was charged with beating his wife.
Photos showed that she had been bruised. The defendant faced up to a year in jail
Mr. King conducted a full investigation and evidence was turned over to
the prosecutor. The case was dismissed.
-
Attempted Robbery in the First Degree
- Theft
Attempted Robbery - Third Degree & Probation
In People v. R.T. the defendant was charged with Attempted Robbery in the
First Degree for allegedly beating a innocent civilian with a tire iron
to steal his wallet. He originally hired another leading defense attorney
from Western New York. Half way through the case R.T. was looking at a
lengthy term in New York State Prison. After hiring Mr. King a complete
investigation was conducted. Mr. King presented evidence to the prosecutor
that showed a strong likelihood of success at the upcoming Jury Trial.
Based on the information, the defendant was facing 15 years in state prison.
Mr. King was able to secure an offer of probation, which R.T. gladly accepted.
-
Conspiracy with Intent to Distribute 1000 Kilograms or more of Marijuana. 21 USC 846.
- Drug Crimes
Reduced Charges
Court: Federal Court, United States District Court for the Western District
of New York
Potential Jail Time: Up to 40 Years in Federal Prison
In People v. XX, defendant was arrested following a multi-year investigation
by the FBI, DEA, and Greater Rochester Area Narcotics Enforcement Team.
The investigation totaled over 6,000 man hours of work by law enforcement.
The sealed indictment alleged that the defendant and multiple co-defendants
conspired to bring drugs in from Canada for several years. The charges
alleged that the defendants used relationships with Native Americans to
bring drugs across an indian reservation and into the United States from
Canada. At the time the warrant was executed computers and drugs were
seized from the defendant's home. Following the arrest other allegations
of criminal activity were investigated, including Witness Tampering and
Obstruction of Justice.
Result: Mr. King was able to negotiate a reduction to Conspiracy with the
intent to distribute 100 Kilograms or more of Marijuana, with a sentence
of 36 months federal prison. In addition, no new charges were brought
for Obstruction of Justice. The defendant was also allowed to participate
in the federal drug treatment program which reduces the prison term up
to one year and allows the defendant to leave prison early and live in
a half-way house prior to his official release from prison. The defendant
was sentenced below the federal sentencing guidelines – a rare outcome.
-
Criminal Contempt in the First Degree
- Violent Crimes
Case Dismissed
People v. J.G. - Defendant was charged with punching his ex during child
exchange, while a Judge's restraining order was in affect. The charge
was Criminal Contempt in the First Degree, a class E Felony. In addition,
there was already an Order of Protection in favor of the woman from a
prior case and the defendant was on probation. Mr. King was notified immediately
upon arrest by J.G., even before he was arraigned by the Judge. Mr. King
was able to start his investigation immediately and found a witness that
was nearby and signed a statement that there was an argument, but no physical
altercation. Based on the quick investigation Mr. King was able to make
a strong bail application to the Judge and J.G. was released. Further
work by Mr. King's investigator led to a recantation by the woman.
The witness statement and second "victim" statement were turned
over to the prosecutor. The case was then dismissed by the grand jury.
-
Criminal Contempt in the First Degree, Felony
- Violent Crimes
24 hours of community service, no conviction
Court – Rochester City Court
The defendant had violated a judge's restraining order and physically
harmed his girlfriend.
-
Criminal Mischief in the Third Degree
- Violent Crimes
Dismissed
In people v. J.P. the defendant was a young professional charged with intentionally
damaging his girlfriend's car as part of a domestic dispute. He faced
a felony conviction, a questionable future and up to three years in state prison.
Mr. King's investigation showed that the "victim" was highly
intoxicated, had tried to hit the defendant with her car, and did not
make a report until she sobered up the following day. The charges were
dismissed.
-
Criminal Possession of a Controlled Substance
- Drug Crimes
Dismissed
In people v. R.T. the defendant was charged with possessing heroin and
cocaine while inside a car in a parking lot. A police officer found the
car to be "suspicious" and questioned the defendant, eventually
discovering the drugs in his pocket and under the driver's seat.
Mr. King wrote a 25 page motion challenging the police work, the paperwork
submitted to the court, and the approach of the car by the police. The
judge agreed with Mr. King's legal position and dismissed the case.
-
Criminal Possession of a controlled substance in the 3rd Degree
- Drug Crimes
16 weekends in county jail, 5 years’ probation
In People v. H.R. the Greater Rochester Area Narcotics Enforcement Team,
had investigated a suspected drug dealer for several years, the team used
a confidential informant to buy cocaine from the defendant. The team then
executed a search warrant that led to the recovery of over 70 grams of
powder cocaine, over half a pound of marijuana and three guns a few feet
away from the drugs, as the police entered his home the defendant made
several incriminating statements to the police. H.R. faced upwards of
20 years for drug and gun charges. In addition, there were potential federal
charges, that could have led to even more prison time.
Mr. King was hired and started an investigation immediately. He was then
able to negotiate a deal by challenging the quality of the warrant, the
reliability of the informant and the high likelihood of the suppression
of his clients statements because he had not been read proper Miranda warnings.
-
Criminal Possession of a Controlled Substance in the Third Degree
- Drug Crimes
Dismissed
In People v. M.A., defendant was charged for a B drug Felony after being
arrested in a car with more than ten bags of cocaine, heroin and ecstacy.
His case was indicted by a Monroe County grand jury, along with a co-defendant.
The charges against M.A. were dismissed by the County Court Judge following
Mr. King's motion and argument. The co-defendant is represented by
another prominent attorney and the case against him continues to be litigated
with significant prison time a possibility.
-
Criminal Possession of a Weapon in the Second Degree
- Violent Crimes
Dismissed
In People v. S.G. a 18 year old was charged with criminal possession of
a weapon. Police had responded to a report of shots fired and apprehended
the defendant a short distance from a loaded hand gun in the back yard.
S.G. faced 15 years in prison
Mr. King started a deep investigation into the witnesses present at the
location. He was able to prove that three of the "witnesses"
had prior criminal records. Two of them were suspected gang members with
links to illegal hand guns. The evidence was presented to the Grand Jury
and the case was dismissed.
-
Criminal Possession of a Weapon in the Second Degree, Assault in the Second Degree, Reckless Endangerment in the First Degree
- Violent Crimes
3.5 years jail
In people v. C.R. the defendant and his co-defendant were charged with
shooting two people when they were denied entry into a party. There were
over ten witnesses and bullets and bullet casings were recovered at the
scene. The defendant was facing 22 years.
Mr. King carefully reviewed the evidence and used a private investigator
to find inconsistencies in the witnesses' statements. After several
weeks of negotiations he allowed to plead guilty to the minimum sentence
allowed by law. His co-defendant, who had retained another leading criminal
attorney, received a sentence of five years.
-
Criminal Possession of a Weapon in the Third Degree, Violation of Parole
- Violent Crimes
Misdemeanor and one year in jail
In People v. R.M. the defendant was on parole for Manslaughter in the First
Degree. He owed parole 2.5 years. During a search of his home by Parole
a gun was found under the bed, as well as other dangerous instruments.
He was charged with Criminal Possession of a Weapon in the Third Degree.
He faced a minimum of 5 years and a maximum of 9.5 years, because the
law would require parole and a prison sentence be served consecutive,
not concurrent, to each other. After conducting a complete investigation
a parole hearing was held. Mr. King present photographs and testimony
and argued that the gun had been put there by someone else. The judge
was convinced and found R.M. guilty of only minor technical violations,
which resulted in a one year sentence. Based on the win at the parole
hearing Mr. King was able to negotiate a reduction to a misdemeanor on
the felony gun charge, and no additional time in prison.
-
Criminal Possession of Stolen Property in the 5th Degree
- Theft
Case Dismissed
Court – Irondequoit Town Court
In People v. D.L. the client was charged with possession of stolen property
after the police responded to a 911 call from noise in her garage. Three
men were found disassembling expensive mountain bikes and loading them
into our client's car a short distance away. Police reports identified
the co-defendants as the burglars. Mr. King argued that the client had
no knowledge of the crime and that the witness' version of events
supported our position.
-
Driving While Intoxicated
- DWI
Convicted of traffic tickets only, fine
Court - Brighton Town Court
In People v. A.J., the defendant was represented by a "cheaper"
lawyer for the majority of the case. Two weeks before trial the defendant
and his family decided that a bargain attorney was not the best attorney
for trial. Mr. King was hired. On the day of trial Mr. King challenged
whether the breath test machine was in working order and the criminal
charges were dismissed.
-
DWI
- DWI
Acquittal
Court – Greece Town Court
In People v. A.B., the 22 year old driver was stopped for speeding, making
an illegal turn, and erratic driving. After failing several field sobriety
tests, the defendant provided a breath test of .11. He was arrested for
Drunk Driving, Driving with a Blood Alcohol Content of greater than .08
and several traffic infractions. The client was acquitted of all criminal
charges at trial. Mr. King cross examined the witnesses and was able to
show that the field sobriety tests were not conducted as the officer was
trained. He then used the police documents to show that the proper protocol
was not followed when the breath test was given.
-
DWI
- DWI
Acquittal
Court - Gates Town Court
In People v. S.T., the defendant was a 19 year old student driving his
friends home from a party. Follow his stop for a bad light he admitted
to drinking alcohol. At trial the prosecutor called the arresting officer,
who testified that the driver was drunk and had passed field sobriety
tests. Mr. King cross examined the police witnesses calling into question
their training and procedures during the arrest. The turning point in
the trial may have been the successful application for a missing witness
charge in regards to an alleged breath test operator, who was not called
as a witness.
-
DWI
- DWI
Traffic Ticket
In people v. R.G. a prominent local business woman was charge with DWI
police said she was stopped at a police checkpoint and her blood alcohol
content well exceeded the legal limit. Her career was at stake
Mr. King was able to negotiate a reduction allowing for a plea to a traffic
ticket at the first court appearance and kept the story out of the newspaper
by working with the reporter covering the case.
-
DWI
- DWI
Acquitted of all charges at trial
In People v. E.Y. the police alleged that a 18 year old was driving a group
of friends after leaving a party. He was stopped and admitted to drinking
and had an open beer in the cup holder. Under New York law, a conviction
would mean that he may not get a license until he turned 21. At trial
Mr. King cross examined the police witnesses and showed that there were
major inconsistencies between the testimony and what actually happened.
Mr. King showed that there was potential video evidence that was not preserved
by the police. Finally, he showed that the vehicle and traffic law that
the officer relied on to stop the car was not applicable to the facts
presented by the prosecutor. All charges were dismissed.
-
Endangering the Welfare of a Child
- Violent Crimes
Case Dismissed
Court - Irondequoit Town Court
In People v. P.S., the defendant was charged with a class A misdemeanor
when his child was found outside in the cold without shirt or shoes. The
defendant faced up to a year in jail as well as repercussions from Child
Protective Services.
Defense - Mr. King conducted a complete investigation that showed the defendant
to be a loving father that was responding to another emergency in the
home when his son walked outside to see the mailman.
-
Endangering the Welfare of a Child, Reckless Endangerment in the Second Degree
- Violent Crimes
Traffic ticket with $300 fine
I people v. K.S. defendant, a well respected teacher, was charged with
allowing his 15 year old daughter to drive his car on a public road with
him in the passenger seat. The vehicle allegedly collided with a police
car causing injuries to the child and police officer. The defendant faced
a criminal conviction and would likely lose his job as a teacher if convicted.
Mr. King a deal with the district attorney's office that allowed K.S.
to keep his job, and support his family, the only result a zero point
traffic ticket for allowing an unlicensed operator.
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Forcible Touching
- Sex Crimes
Case Dismissed
Court: Irondequoit Town Court
Facts: In people v. XX a young man was charge with a sex offense against
another student from his high school. He faced the possibility of elevated
attempted rape charges and sex offender registration. Mr. King's investigation
showed that the witness was not credible and the evidence was not consistent
with the story being told by the complaining witness. After several rounds
of negotiation the charges were dismissed.
-
Grand Larceny in the 2nd Degree
- Theft
No Charged Filed
In People v. C.C., Mr. King was contacted after a young woman was approached
by an investigator from the Monroe County Sheriff's office on several
occasions. The investigator had threatened her future and freedom if she
did not confess to stealing over seventy thousand dollars in property
from a former employee. Mr. King conducted his own investigation and prevented
further communication with his client.
-
Grand Larceny in the 3rd Degree
- Theft
Plea to misdemeanor with probation
Court – Penfield Town Court
In People v. R.O. the client was accused of allowing co-conspirators to
steal property from a retail location where she was employed. Video recovered
by the police showed property with a value greater than $3,000 being stolen
with R.O.'s help.
-
Grand Larceny in the 3rd Degree, class D Felony
- Theft
Reduced
Court - Rochester City Court In People v. D.K., the defendant called Mr.
King after being represented by another lawyer for several months. The
defendant had admitted to taking money from another person's bank
account using their card and password. There was a large amount of money
in question. Mr. King conducted a complete investigation and proved that
the defendant had legal authority to the money, despite using the card
illegally.
-
Grand Larceny in the Fourth Degree
- Theft
Dismissed
In people v. N.L. the defendant was a student accused of taking a generator
and car rims from a garage and pawning them for money. There was a video
of the defendant pawning the items, but no evidence of him taking the property.
Mr. King challenged the proof in the case. The case was dismissed by the
Grand Jury.
-
Grand Larceny in the Fourth Degree, Criminal Possession of Stolen Property in the Fifth Degree, Petit Larceny
- Theft
Reduced Charges
In People v. C.V. The defendant had been sentenced to drug treatment court
for possessing stolen property. Shortly after being released to a treatment
program he failed to appear in court and an warrant was issued. The defendant
evaded police for several months. Eventually he was arrested in an adjoining
town for stealing property from a farm. To his surprise the farm was owned
by an investigator in the New York State Police and there was High Definition
video of the crime. The defendant had 31 prior convictions including 7
prior felony convictions. If convicted of a felony the defendant was eligible
to be sentenced as a persistent felony offender and could have received
15 years to life in prison.
The defense: Mr. King conducted his own investigation and argued that the
value of the stolen property was under the felony threshold of $1000.
He further argued that the "victim" was experienced in the system
and had inflated the value unfairly, in violation of the defendant's rights.
Result: The defendant pled guilty to a reduced charge and served less than
six months in jail on both charges.
-
Grand Larceny in the Fourth Degree, Criminal Possession of Stolen Property in the Fifth Degree, Petit Larceny
- Theft
Reduced charge: Less than 6 months in Jail
In People v. C.V. The defendant had been sentenced to drug treatment court
for possessing stolen property. Shortly after being released to a treatment
program, he failed to appear in court and a warrant was issued. The defendant
evaded police for several months. Eventually he was arrested in an adjoining
town for stealing property from a farm. To his surprise, the farm was
owned by an investigator in the New York State Police and there was High
Definition video footage of the crime. The defendant had 31 prior convictions
including 7 prior felony convictions on his record. If convicted of a
felony, the defendant was eligible to be sentenced as a persistent felony
offender and could have received 15 years to life in prison.
The defense: Mr. King conducted his own investigation and argued that the
value of the stolen property was under the felony threshold of $1000.
He further argued that the "victim" was experienced in the system
and had inflated the value unfairly, in violation of the defendant's rights.
-
Harassment in the Second Degree
- Violent Crimes
Dismissed
Court - Penfield Town Court
In People v. B.G., following an altercation at a bar a fight ensued. Two
people trying to break up the fight were struck by the defendant who was
charged after leaving the scene. At the first court date Mr. King argued
that the paperwork was defective because it did not sufficiently state
the level of intent required. The case was promptly dismissed.
-
Harassment in the Second Degree
- Violent Crimes
Case Dismissed
In people v. L.M - the defendant was charged with Harassment in the Second
Degree for telling an on duty police officer he was going to "kick
his ass." Mr. King brought a motion to dismiss for defective paperwork,
which the prosecutor could not oppose and the case was dismissed.
-
Harassment in the Second Degree, Endangering the Welfare of a Child, Unauthorized Use of a Motor Vehicle
- Violent Crimes
Dismissed
People v. R.L. - The defendant was charged in North Dansville Town Court
for a physical altercation with his girlfriend if front of a young child,
as well as taking her car immediately following the incident. The defendant
faced up to two years in jail. After taking the case, Mr. King conducted
his own investigation along with the help of an experienced private investigator.
Eventually a recorded conversation and written statement by the complaining
female showed that she had in fact struck the defendant and he had fled
the scene to prevent further problems. The evidence was presented to the
prosecutor and the charges were dismissed.
-
Menacing in the Second Degree
- Violent Crimes
Case Dismissed
Court: Henrietta Town Court
In Case People v. Michael Joanette, Mr. King challenged whether Mr. Joanette
had intentionally threatened anyone. Evidence was introduced form experts
that Mr. Joanette did not have the mental capacity to proceed and the
charges were dismissed.
-
Petit Larceny
- Theft
Dismissed
Court – Greece Town Court
In People v. XX, the defendant was charged with larceny from a local retailer
for stealing various clothing items. Mr. King negotiated a dismissal based
on the defendant's age and lack of prior criminal contacts.
-
Petit Larceny
- Theft
Case Dismissed
In people v. Anonymous, the defendant was a 17-year-old high school student
charged with stealing two bottles of cologne from a local retailer. Despite
the overwhelming evidence of guilt, Mr. King negotiated in Webster Town
Court for a dismissal of the charges based on the lack of prior criminal
history, along with the facts and circumstances of the arrest.
-
Petit Larceny
- Theft
Plea to disorderly conduct w/Community Service
Court - Gates Town Court
In People v. xx, the defendant was cant leaving a grocery store with nearly
$200 merchandise hidden on her person. She had a history of Petit Larceny
from the immediate past. The prosecutor wanted jail time. Mr. King wrote
a 15-page motion, which specifically challenged the police paperwork and
the way the defendant was charged by the police. Instead of risking a
complete loss at the motion argument, the prosecutor allowed a plea to
the violation, which was acceptable to the defendant.
-
Petit Larceny
- Theft
Case Dismissed
Court – Henrietta Town Court
In People v. R.J., the defendant was caught on video by security at a local
retail center, apprehended and turned over to police. The defendant admitted
to taking various clothing items. Following the arrest, Mr. King conducted
his own investigation and found that the defendant was a highly successful
local businessman, who had recently begun taking several new medications
and had absolutely no prior police contact.
-
Petit Larceny
- Theft
Dismissed
In people v. B.G. the defendant was a student alleged to have been an accomplice
in stealing from a grocery store. He was facing a criminal record and
an uncertain future
Mr. King investigated the case and reviewed the video footage from the
grocery store. He challenged whether there was any evidence of B.G. acting
in concert, or even knowing, that his friend was stealing. The case was
dismissed by the judge.
-
Possession of Child Pornography
Reduced Charges
Courts - US District Court for the Western District of New York, Livingston
County Court
In People v. D.F., the FBI used an undercover agent to speak to a suspected
producer of child pornography via social media. After a lengthy investigation
they seized his computer for forensic examination, which revealed child
pornography. After several months of negotiations with the US Attorney's
office the federal charges, which could have resulted in several years
in federal prison, were not prosecuted. The case was then brought to Livingston
County Court on a sealed indictment. The Livingston County District Attorney's
office initially pressed for state prison. After several more months of
negotiations D.F. pled guilty to possessing one image of child pornography
and was sentenced to 8 weekends in jail and probation. At the Sex Offender
Registration hearing Mr. King argued against the judge's initial determination
of a level two sex offender by challenging the number of victims in the
case, as well as whether the age could be proven. D.F. was granted level
1 sex offender status, a significant reduction.
-
Predatory Sexual Abuse
- Sex Crimes
Probation and 10 weekends in jail
In people v. W.G. police alleged that a man had sexually abused his daughter.
The defendant had made a statement to the police and the child's mother
was cooperating against him. The defendant faced 25 years to life in prison.
Mr. King developed a defense of involuntariness. A sleep study showed that
the defendant's brain waves were highly irregular during parts of
his sleep. A sex abuse evaluation showed the defendant was a low risk
to re-offend. Mr. King negotiated a deal with the prosecutor that allowed
for monitoring through probation and 10 weekends in jail.
-
Predetory Sexual Assault of a Child, class A Felony
- Sex Crimes
Misdemeanor Conviction and Probation
Court - Livingston County Court
In People v. J.S., the defendant was charged with sexually abusing his
young stepdaughter on multiple occasions. The defendant had hired another
lawyer and was informed that he was looking at a plea offer of 10-15 years
in New York State Prison, or 25 Years to Life, if he took the case to
trial. After being retained, Mr. King challenged the forensic interview
techniques used while interviewing the child. In addition, Mr. King's
investigation showed that the incident allegedly occurred years earlier,
when the alleged victim was only 4 years old. Finally, the investigation
showed that the "disclosure" was made on the eve of a family
court trial brought by the child's mother. Mr. King challenged the
validity of the disclosure and the lack of physical evidence in the case.
-
Rape in the First Degree, Criminal Sexual Act in the First Degree, Burglary
- Sex Crimes
Dismissed
Mr. King was contacted by a young man and his family following a police
interrogation of a nineteen year old rape suspect. The allegations included
oral and vaginal sex by physical forcible compulsion. The suspect had
admitted to taking a young woman to a seculeded location and having sexual
contact with her. Defense – Mr. King immediately began his own investigation
which showed that the complaining witness had made false sexual abuse
allegations against two other young men in the past. Documents showing
that the complaining witness threatened men with false allegations of
sexual abuse were also recovered. Finally, the investigation showed that
the complaining witness was bi-polar and had attempted was under the influence
of drugs when she disclosed the sexual abuse. Mr. King notified the prosecutor
of the evidence and notified the district attorney that his client would
exercise his right to testify before the grand jury.
-
Robbery in the Second Degree
- Theft
Community Service
In people v. K.J., a seventeen-year-old young man was charged with Robbery.
Police alleged that he and an accomplish had beaten another student on
a bike in order to steal his cell phone. He faced up to 15 years in prison.
Mr. King's investigation showed that K.J's co-defendant largely
at fault. The evidence was brought to the prosecutor, he performed 40
hours of community service and the charges against K.J. were sealed. K.J.'s
co-defendant was convicted of a felony.
-
Title IX / Sexual Assault Investigation
- Title IX
Cleared
In State University of New York v. XX, our client, a Rochester native,
was informed of a sexual abuse allegation from a night earlier in the
school year at his college in New York City. Our client insisted the sex
was consensual. Our investigation showed prior sexting between the couple,
a night out together and other students that suggested there was no foul
play. We secured text messages supporting our version. We submitted a
lengthy list of questions to the accuser, consistent with the college's
investigation policy. Outcome: Our client was cleared of any wrongdoing
and continues his studies today
-
Title IX / Sexual Assault investigation, Criminal Charge: Rape in the Third Degree
- Title IX
Dismissed
In State University of New York v. XX, our client came to us after being
suspended from college and arrested by the New York State Police for the
supposed rape of a female acquaintance. He had already taken part in a
hearing at the college and had been suspended for a year. In addition
he faced up to seven years in New York State Prison. The allegation was
that he had sexual intercourse with an acquaintance in her apartment without
her consent. We immediately launched our own investigation. We showed
that the complaining witness had serious inconsistencies in her statements.
We learned that she had admitted that the sex was consensual to some members
of the college. We brought our new evidence to the college and the district
attorney assigned to the case. Outcome: Our client is back in school and
the criminal charges have been dismissed.
-
Unlawful Possession of Marijuana
- Drug Crimes
Dismissed
In people v. C.G. the police alleged that they recovered a bag of marijuana
after a traffic stop.
Mr. King reviewed the documentation provided by police and realized the
proper steps had not been followed to allow for a conviction at trial.
He requested a bench trial. When the trail was scheduled to begin, the
people could not proceed and the case was dismissed.