GARY A. FARRELL
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Recent Cases

In the State criminal court system, Gary A. Farrell recently won acquittals in four different venues:

New York County Criminal Court October 2003 - Victor M. was acquitted of larceny charges after a jury trial.

Kings County Supreme Court December 2004 - Claribel Q. was found not guilty of armed robbery after a jury trial.

Queens Supreme Court September 2004 - Rohar H. was acquitted of rape and sexual abuse charges after a jury trial.

In the Federal court system, Gary A. Farrell recently won an acquittal after the jury deliberated the facts. In September 2003, Eugene M. was acquitted of extortion in the Eastern District of New York.

In another recent case, after a five-day Richmond County trial, Gary Farrell was able to impeach the credibility of a New York City police officer a jury found in favor of his client on all criminal charges. Mr. Farrell's client, RM, was facing up to two years imprisonment on the charges of:

1. PL 215.50 Criminal Contempt 2nd degree
2. 2. PL 120.25 Reckless Endangerment 2nd degree
3. 3. PL 240.50(3) Falsely Reporting an Incident 3rd degree
4. 4. PL 145.25 Reckless Endangerment of property
5. 5. VTL 600(l)(A) Leaving the Scene of an Accident

Ms. M. was accused of depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person; knowing that the information conveyed was false, the defendant recklessly engaged in conduct which created a substantial risk of damage to property of another person, left the place of the incident without identifying himself and exhibiting his license and insurance identification card for the vehicle to the person sustaining the damage, and reporting the incident as soon as physically able to the nearest police station or judicial officer.

During the trial Ms. M. testified in her own defense and the District Attorney called a total of four police officers including a police officer's wife to testify against RM. Gary Farrell was able to impeach the complaining witness, NYPD Officer Martin Foley and Mrs. Foley by showing bias against Ms. M. Through diligent pretrial investigation and work, Mr. Farrell discovered prior statements the Foleys made to NYPD Internal Affairs investigators of bringing false statements against Ms. M. The trial judge, the Honorable Will Garnett allowed the NYPD Internal Affairs' statements to be introduced thus crippling the District Attorney's case and the jury then found Ms. M. not guilty of all criminal charges.

Recent Appellate Cases

People v. Robert W.'s conviction for patronizing a prostitute was overturned on appeal in the Appellate Term for the 2nd and 11th Judicial Districts and case dismissed for insufficient evidence.

People v. Michael Calabria, 94 N.Y. 2d 519 (2000), Court of Appeals overturned conviction due to prosecutorial misconduct. District Attorney consented to dismissal of all charges.

People v. Richard Louissant, 240 A.D. 2d. 433 Appellate Division, Second Department Homicide indictment dismissal due to prosecutorial misconduct.