ETKS 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.

Posted by on May 27, 2022 in Firm News

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 the initial verdict, ETKS Associate Yousef Taha achieved a suppression decision and complete dismissal of the charge; Criminal Possession of a Weapon in the Second Degree, following a Suppression Hearing before New York State Supreme Court Judge Victoria Argento. Judge Argento agreed with Yousef’s argument that the Prosecution did not offer evidence regarding the specifics of an alleged traffc infraction, along with the lack of credibility of Rochester Police Officer Hartley. Judge Argento agreed with Brian and Yousef and dismissed the Indictment!

 

You can find a redacted version of the decision here