ETKS Partner Brian Shiffrin secures seminal victory at Appellate Division, Fourth Department in People v. Gaskin addressing Discovery Violations by the Prosecution; The First in New York State To Do So
ETKS Partner Brian Shiffrin was the winning attorney at the Appellate Division, Fourth Department, in People v Gaskin214 AD3d 1353 [4th Dept 2023], in which the Court held that the lack of discovery compliance renders the People unready for trial pursuant to Subdivision of CPL 30.30, regardless of whether the discovery violation prejudiced the defendant. Gaskin is the first Appellate Division decision to address the issue and is binding on all New York trial level courts. You...
read moreETKS adds David M. Abbatoy, Jr. as new partner.
The firm is pleased to announced that David M. Abbatoy, Jr., has joined the firm as its newest partner. David Abbatoy concentrates his practice exclusively in appeals and post-verdict actions. In nearly 20 years of practice, he has litigated hundreds of appeals and related actions in criminal, civil, and family law cases in state and federal courts across New York State. David is the current editor and co-author of the criminal and family...
read moreDonald M. Thompson Secures Misdemeanor & ‘Time Served’ Sentence for Client Alleged to Have Been Involved One of the Biggest Cases of Mortgage Fraud in the Country
Earlier this month, ETKS Partner Donald M. Thompson, was able to achieve a Misdemeanor-level plea offer and sentence of ‘Time Served’ with a $500 fine for a client that was initially looking at a decades-long prison sentence. The four individuals, including the ETKS client, were charged in May 2019 in a indictment that accused them of mortgage fraud and inducing loans from banks on apartment projects, by submitting fake rent rolls, income statements, appraisals...
read moreETKS Associate Yousef Taha Achieves Dismissal of Indictment on Criminal Possession of Weapon in the Second Degree Indictment Following Brian Shiffrin’s Motion to Vacate Conviction Under CPL 440 Granted.
On September 3, 2021 Brian Shiffrin achieved a remarkable feat of the granting of his CPL 440 motion for an ETKS client who was wrongfully convicted and incarcerated for 7 years. Brian was able to uncover the repeated lies and inconcistencies of Officers within the Rochester Police Department that were witheld from trial counsel at the time the charges were filed in 2014. Following the granting of his 440 motion and setting aside of...
read moreETKS Partner Lawrence Kasperek Wins Order to Show Cause Regarding Recognizance Hearing in Parole Following New ‘Less is More’ Law
ETKS Partner Lawrence Kasperek received a decision from Judge Randall on a parole recognizance hearing issue allowing his client to remain free and not detained by the Monroe County Sheriff; one of the first of its kind since the passing of the new New York State Parole Laws in March of 2022. First, Larry got the client’s new criminal allegations dismissed in a seperate Court. Larry then argued that the client was entitled to...
read moreETKS Partner Donald M. Thompson Featured in New Documentary Detailing Wrongful Conviction of Valentino Dixon and his Release from Attica
ETKS Partner Donald M. Thompson and his client Valentino Dixon, whom he helped secure his release from prison after 27 years of being incarcerated for a crime he did not commit, were featured in a documentary from VOA Films showcasing the shocking case of injustice and how both men were able to secure his release from prison legal appeals and Valentino’s amazing works of art. You can watch the documentary in its entirety...
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