Case Results

Not Guilty of All Charges

Six different people accused a physician of sexual abuse in a medical office setting. Our client, who faced significant time in state prison and the loss of an ability to practice medicine, was acquitted of all charges after a trial.

Conviction Reversed and Case Dismissed

A home care nurse was convicted of endangering the welfare of a disabled child following a guilty plea on the advice of her prior attorney.

We prevailed in overturning the conviction based on the prior attorney’s failure to adequately investigate his client’s actual innocence, which was revealed through medical expert review of the injuries.

The entire case was then dismissed in the interests of justice.

Not Guilty of All Charges

A public official was accused of conspiracy to defraud federal and local governments in a scheme meant to benefit another public official with federal funds earmarked for other purposes. Our client was acquitted of all charges after a trial.

Not Guilty of All Charges

Our client’s family member accused him of multiple incidents of sexual abuse occurring over several years.

Our client, who not only faced criminal convictions and jail time but also potential removal from the country due to his immigration status, was acquitted of all charges after a jury trial.

Not Guilty of All Charges

Law enforcement accused our client of felony DWI, which could have resulted in state prison and a 10-year loss of driving privileges due to prior impaired driving convictions. He was acquitted of all charges after a jury trial.

Confession Suppressed

Our client allegedly made a full confession to law enforcement about having sexually abused a family member.

The judge found that this confession was the product of a coercive interrogation environment and suppressed the confession for all purposes, damaging the quality of the prosecution’s case.

Conviction Reversed and Case Dismissed

On appeal, we persuaded an appellate court to overturn our client’s conviction of sexual abuse of a child because his prior lawyer was found to be ineffective in several respects and the prosecution had engaged in misconduct.

The case against our client was then dismissed in the interests of justice.

Complete Acquittal on Sexual Conduct Charges in Orange County

Derek Andrews secured a complete acquittal on behalf of a Larkin Ingrassia Criminal Defense Attorneys client following a four-day jury trial in Newburgh City Court (Orange County).

Our client was charged with Forcible Touching, Sexual Abuse in the Third Degree, and Endangering the Welfare of a Child stemming from allegations that he had inappropriately touched a family member while at his house.

He maintained his innocence throughout the entire case. Due to zealous advocacy throughout the trial, including an effective cross examination of the government’s witnesses, including the complainant and a friend to whom the complainant allegedly made a prompt outcry, the jury unanimously voted not guilty on all counts.

The jury agreed that the complainant lacked credibility and believed that our client was innocent. This result followed months of in-depth investigation, thoughtful analysis of the government's case and available defenses, a dismantling of the prosecution's case through motion practice, and careful preparation of defense witnesses to testify favorably on behalf of our client.

If you or a loved one is accused of a crime, including sexually-based offenses, contact Larkin Ingrassia Criminal Defense Attorneys at 845-566-5345 to set up a free consultation.

From there, we’ll spend the time to learn about you, treat you with respect and dignity, and develop a defense strategy uniquely tailored to your facts and circumstances.

Not Guilty on DWI Charge in Orange County

After a bench trial, John Ingrassia secured a complete acquittal on behalf of the firm’s client who was facing a criminal DWI charge in the Town of New Windsor (Orange County).

The New Windsor Police Department accused our client of DWI after she was involved in a car accident with a truck that turned out of a parking lot into her lane of travel, which caused her to suffer a concussion.

A security camera near the accident plainly showed that the accident was not our client’s fault. With that evidence, fact witnesses who testified that our client was sober before getting behind the wheel, and the assistance of an expert witness in the field of DWI detection and standardized field sobriety tests, Mr.

Ingrassia convinced the judge that our client was neither intoxicated nor impaired while she drove.

Notably, the firm also prevailed at the administrative chemical test refusal hearing held by DMV by proving that law enforcement failed to inform our client that her request to speak with an attorney about whether to take the breath test would be honored or considered a refusal.

This result allowed our client to keep her full New York driving privileges.

If you or someone you know is charged with DWI, contact the attorneys at Larkin Ingrassia Criminal Defense Attorneys by calling 845-566-5345 to set up a free consultation.

We’ll be able to assess your specific needs and offer a strategy on how best to defend and advocate for you.

Successful Motion to Dismiss in Criminal Explosive Materials Case

Larkin Ingrassia Criminal Defense Attorneys achieved a complete dismissal of felony and misdemeanor charges filed against a corporate client that was alleged to have violated various sections of New York State law by improperly disposing of explosive material.

Utilizing an understanding of the complex interplay between New York’s statutory right to a speed trial and the law requiring that the prosecution disclose all materials related to the subject matter of a criminal case, including the right to actually inspect evidence, the firm filed a motion to dismiss the entire case.

We argued that the prosecution had not only taken too long to state their readiness for trial but that they had also failed to provide complete discovery in a timely fashion.

Despite repeated requests to inspect the evidence seized by search warrant in this case, the government failed to provide the defense an adequate opportunity to do so. An Orange County local court judge agreed and dismissed the case.

If you or a loved one is facing criminal charges, no matter how serious, contact the capable attorneys at Larkin Ingrassia Criminal Defense Attorneys by calling 845-566-5345 to develop a strategy uniquely tailored to your facts and circumstances.

Not Guilty on DWI and DWAI Charges in Washington County

On behalf of a client facing a criminal DWI charge in the Town of Jackson (Washington County), Derek Andrews achieved not guilty verdicts on DWI and the lesser included offense of Driving While Ability Impaired (DWAI).

While traveling on a wet road during a rainy day, the firm’s client accidentally rear-ended another car, which prompted law enforcement to come to the scene to investigate the cause of the accident.

Law enforcement then arrested and charged our client with DWI. Thankfully, the entire accident investigation and subsequent DWI investigation were captured by the police officer’s body-worn camera.

That body camera recording revealed that our client appeared to be sober, that the accident was caused by mechanical issues with his vehicle and the road conditions, and that the police officer incorrectly administered standardized field sobriety tests contrary to his training.

With the assistance of an expert witness in the field of DWI detection and standardized field sobriety tests, we were able to argue that our client possessed the appropriate physical and mental capabilities to drive safely.

Ultimately, after only an hour of deliberations, the six-person jury agreed and acquitted our client of DWI and DWAI. Notably, the firm also prevailed at the associated administrative chemical test refusal hearing held by DMV by pointing out the deficiencies in the report of refusal, which allowed our client to keep his full New York driver’s license.

Notably, our client has a Commercial Driver’s License (CDL), which would have been revoked for 18 months had he been found to have refused the breath test.

If you or someone you know is charged with any type of alcohol or drug-impaired driving offense, including those resulting in accidents, injuries, or death, contact the attorneys at Larkin Ingrassia Criminal Defense Attorneys by calling 845-566-5345 to set up a free consultation.

We’ll be able to assess your specific needs and offer a strategy on how best to defend and advocate for you.

Successful Vacatur of Illegally Imposed Prison Sentence in Orange County Allows Client to Go Home

At one of New York’s intermediate appellate courts, the Appellate Division, Second Department, John Ingrassia successfully argued for the reversal of a county court judge’s sentence requiring our client to spend up to four years in state prison.

Larkin Ingrassia Criminal Defense Attorneys was hired to represent a client who had already pleaded guilty to a felony criminal offense and been promised a sentence of probation so long as he abided by certain promises made to the sentencing court. The sentencing court, after receiving a pre-sentence investigation (PSI) report prepared by a probation department, believed that this individual violated one of his promises, which was to cooperate with the probation department and be truthful in his responses to their questions.

Although a Hicks/Outley hearing on this issue was held, which revealed that our client had not actually violated his promise and instead only maintained his innocence of other criminal offenses to which he had not pleaded guilty, the court nonetheless refused to sentence this individual to probation and instead sentenced him to state prison.

The firm then undertook an appeal on the client’s behalf. Utilizing the firm’s trusted collaborative approach to representation and through careful and thorough research of the relevant issues, we were able to craft a concise and persuasive argument that the sentencing court erred in imposing an increased sentence.

The Second Department agreed and vacated the sentence. John Ingrassia then successfully argued to the new sentencing court that our client should receive a time-served sentence, which resulted in our client being granted his freedom again.

If you or a loved one is facing a situation where an error might have occurred in a criminal court that resulted in a criminal conviction and sentence, contact Larkin Ingrassia Criminal Defense Attorneys at 845-566-5345 to set up a free consultation to discuss your options.

Larkin Ingrassia Criminal Defense Attorneys and New York’s Red Flag Law (Extreme Risk Protection Orders / ERPO)

Larkin Ingrassia Criminal Defense Attorneys prides itself on being at the forefront of both novel and complex legal issues at all levels of the New York court system by creatively and effectively advocating for our clients.

This mission and theme were present throughout the firm’s representation of a young man whose Second Amendment right to posses a firearm was compromised by an Extreme Risk Protection Order, or ERPO.

Also known as New York’s Red Flag Law, Civil Practice Law and Rules Article 63-A authorizes law enforcement, or other individuals, to petition a state supreme court to seize firearms lawfully held by individuals if there is a belief that the individual is a risk of serious harm to oneself or others.

With a carefully researched and written motion to dismiss, the firm was able to secure a dismissal of this proceeding against our client. The New York Attorney General’s Office appealed this decision to the Appellate Division, Second Department.

Larkin Ingrassia Criminal Defense Attorneys defended our client yet again by advancing the same arguments—that New York’s Red Flag law does not afford a respondent sufficient due process and that the law, as written, runs the risk of erroneously depriving a law-abiding citizen’s right to possess firearms.

This work equipped Larkin Ingrassia Criminal Defense Attorneys with a strong understanding of how Extreme Risk Protection Orders work and how to defend against their issuance.

While the Second Department disagreed with our arguments and reversed the lower court’s decision, the stage has been set for these arguments to wind their way through the remainder of the Appellate Division and hopefully to the Court of Appeals where we hope there will be interest in causing the New York State Legislature to amend the state’s red flag law to afford its citizens better protections of their constitutional rights.

If you or a loved one is facing the loss of the right to possess a firearm because of an Extreme Risk Protection Order (ERPO), contact Larkin Ingrassia Criminal Defense Attorneys at 845-566-5345 to learn how we might be able to help you.

Dismissal of DMV Chemical Test Refusal Hearing Saves Client’s License

Matthew T. Bennett III was successful in preventing the revocation of his client’s New York State driving privileges following a NYS Department of Motor Vehicles Refusal Hearing.

Mr. Bennett successfully argued that there was not sufficient evidence that his client refused a chemical test. When asked to submit to a chemical breath test his client requested to speak with an attorney.

Mr. Bennett argued that his client did not refuse the chemical breath test because they were not advised that their time to decide whether to take the test had expired, even though they had not yet had the opportunity to speak with counsel. His client faced a 12 month revocation of their driving privileges.

If you or someone you know is charged with a DWI, DWI refusal, or any other crime, we are here to help. We will defend you with dedication and determination. Contact the capable attorneys at Larkin Ingrassia Criminal Defense Attorneys to set up a free consultation.

Larkin Ingrassia Criminal Defense Attorneys Saves Clients’ Driver’s Licenses in Back-to-Back DMV Fatality Hearings

Derek Andrews saved two clients from the indefinite loss of their NYS driving privileges in back-to-back administrative hearings with the Department of Motor Vehicles after they were notified that their involvement in car accidents that resulted in death.

In each case, the firm swiftly commenced an independent investigation into the accident by speaking with the clients, contacting witnesses, going to the scene of the accident itself, hiring accident reconstruction experts, and obtaining all law enforcement materials about the accidents.

This work allowed Mr. Andrews to argue that his clients’ driving actions neither caused nor contributed to the death of another person. In each case, the DMV administrative law judge agreed and dismissed the proceeding, which saved his clients’ licenses and allowed them to continue driving.

If you or a loved one receives notice that your license may be suspended or revoked after an accident that resulted in serious injury or death, it is imperative that you receive quality representation at any DMV hearing.

Call Larkin Ingrassia Criminal Defense Attorneys at 845-566-5435 as soon as possible so we can begin that work for you as soon as possible.

Larkin Ingrassia Criminal Defense Attorneys Prevents Loss of Client’s Second Amendment Rights

Earlier this year, New York State Police accused a Larkin Ingrassia Criminal Defense Attorneys client of being a danger to himself or others when they filed a petition for an Extreme Risk Protection Order (ERPO) using New York’s Red Flag law. An article prepared by the firm describing this law can be found here: https://www.845law.com/2019/11/new-yorks-red-flag-gun-protection-law/

Red Flag Gun Law Orange County NY | Larkin & Ingrassia, PLLCOn August 24, 2019 New York’s Red Flag Gun Protection Law (also called the extreme risk protection order law) went into effect.

Under this law, a petitioner may ask a court to issue an extreme risk protection order (ERPO), which would prevent an individual (the respondent) from possessing or purchasing firearms for a period of time.www.845law.com.

Through their petition, law enforcement and the New York Attorney General’s Office sought to strip our client of his Second Amendment right to purchase and possess firearms. Their allegation was based on a single incident that they believed indicated he was a danger to himself or others.

Derek S. Andrews, Esq., an associate attorney with the firm, was able to prove to the court that our client was not in any way likely to engage in conduct that would result in serious harm to himself or others.

This victory came after a thorough investigation into the underlying incident, careful preparation for a hearing in front of a New York State Supreme Court judge, and effective questioning of the government’s witness and the firm’s client.

The petition was swiftly and summarily denied by the judge as soon as the hearing concluded. As a result, our client’s right to possess and purchase firearms was left intact.

If you or a loved one is facing the loss of the right to possess a firearm because of an Extreme Risk Protection Order (ERPO), contact Larkin Ingrassia Criminal Defense Attorneys at 845-237-3255 to learn how we might be able to help you.

Dismissal of DMV Chemical Test Refusal Hearing Saves Client’s License

Matthew T. Bennett III, an associate attorney with Larkin Ingrassia Criminal Defense Attorneys, was successful in preventing the revocation of his client’s New York State driving privileges following a NYS Department of Motor Vehicles Refusal Hearing.

During the hearing, the arresting officer was unable to recall the exact warning he reported giving to Mr. Bennett’s client. Mr. Bennett successfully argued that there was insufficient evidence that his client had been properly advised of the consequences of refusing to submit to a chemical test.

This meant that law enforcement was unable to satisfy all four elements (reasonable grounds to believe a motorist was driving in violation of VTL 1192, that the arrest for DWI was lawful, that the motorist was clearly and unequivocally informed of the consequences of refusing, and that the motorist refused to take the test) necessary for a motorist’s license to be revoked.

His client faced a potential lifetime revocation of their driving privileges based on this event and prior driving history.

If you or someone you know is charged with a DWI, DWI refusal, or any other crime, we are here to help. We will defend you with dedication and determination. Contact the capable attorneys at Larkin Ingrassia Criminal Defense Attorneys to set up a free consultation.

Dismissal of DMV Chemical Test Refusal Hearing Saves Client’s License

Matthew T. Bennett III, an associate attorney with Larkin Ingrassia Criminal Defense Attorneys, was successful in preventing the revocation of his client’s New York State driving privileges following a NYS Department of Motor Vehicles Refusal Hearing. This was Mr. Bennett’s second win at DMV in as many weeks, a rare feat these days.

Mr. Bennett successfully argued that on the weight of the evidence presented in the hearing that there was insufficient evidence to conclude that his client was in an impaired or intoxicated condition at the time of their arrest. The administrative law judge agreed and dismissed the entire case. His client faced a 12-month revocation of their driving privileges and a $500 civil penalty.

If you or someone you know is charged with a DWI, DWI refusal, or any other crime, we are here to help. We will defend you with dedication and determination. Contact the capable attorneys at Larkin Ingrassia Criminal Defense Attorneys to set up a free consultation.

Felony DWI Dismissed, Case Resolved with Traffic Tickets + Dismissal of DMV Chemical Test Refusal Hearing Saves Client’s License

Matthew T. Bennett III, an associate attorney with Larkin Ingrassia Criminal Defense Attorneys, successfully resolved a felony DWI arrest with a plea to three zero-point equipment violation tickets and prevented the revocation of his client’s New York State driving privileges following a NYS Department of Motor Vehicles Refusal Hearing.

Through a scrupulous review of the body worn camera recordings that captured his client’s arrest, Mr. Bennett discovered several problems with the investigation conducted by the police.

Mr. Bennett presented these issues to the prosecutor’s office and successfully negotiated a plea to three zero-point equipment violation tickets, which resulted in the complete dismissal of the far more serious criminal DWI charge against his client. This saved his client from state prison and probation, an ignition interlock device, up to a $5,000 fine, and a year-long license revocation.

In the same matter, Mr. Bennett successfully argued that the issues raised in the criminal case similarly tainted law enforcement’s claim that the firm’s client refused the breath test after his arrest.

At the DMV refusal hearing, once this argument was made, the administrative law judge agreed and dismissed the administrative hearing. His client faced a 12-month revocation of their driving privileges.