Results


Contact (585) 512-8185 or Lorenzo@NapolitanoLaw.com

The following case results were achieved by Lorenzo Napolitano, Esq., and are listed here for the sole purpose of demonstrating his legal skill and experience. Please bear in mind that past results achieved do not guarantee a particular outcome in future cases.

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CRIMINAL CASES:

People v. M.H.

CHARGE: Burglary in the 2nd degree

RESULT: NOT GUILTY after jury trial

FACTS: Client was charged with Burglary in the 2nd degree under New York Penal Law Section 140.25. Client faced a sentence of 3 ½ to 15 years in state prison. The police found allegedly stolen property in the client's house and obtained a written, but unsigned confession from the client during interrogation. Client proceeded to trial and was found not guilty.


People v. J.S.

CHARGE: Assault in the 2nd degree

RESULT: NOT GUILTY after trial

FACTS: Client was charged with Assault in the 2nd degree, a violent felony offense. Client faced a sentence of 2 to 7 years in state prison. Client allegedly gave the police a signed statement admitting to cutting another person with a sharp object in front of witnesses. Client proceeded to trial and was found not guilt y of the felony.


People v. C.S.J.

CHARGE: Criminal Possession of a Weapon in the 2nd Degree

RESULT: CASE DISMISSED

FACTS: Client was charged with Criminal Possession of a Weapon in the 2nd Degree and Criminal Possession of a Controlled Substance in the 7th Degree. If convicted, client faced a mandatory state prison sentence of 3 1/2 to 15 years. Client was stopped by the Rochester Police Department and an illegal handgun was found under his seat. As client exited the vehicle, a bag of cocaine fell from client's shorts to the ground right in front of an RPD Officer. After a pre-trial hearing, the Court granted a motion to dismiss after Mr. Napolitano obtained video from a security camera showing that the police had no legal basis for stopping the client's vehicle. Client was immediately released from custody.


People v. A.V.

CHARGE: DWI

RESULT: CASE DISMISSED

FACTS: Client was charged with Driving While Intoxicated. The client had failed all field sobriety tests and the arresting officer testified to bloodshot eyes and a strong smell of alcohol on client's breath. Mr. Napolitano's motion to dismiss the case was granted, as there was no probable cause for the stop and arrest.


People v. C.S.

CHARGE: Misdemeanor DWI

RESULT: NOT GUILTY

FACTS: Client was charged with misdemeanor Driving While Intoxicated. The client had failed 4 out of 5 field sobriety tests and admitted to driving home from a bar in the City of Rochester where he had been drinking. After trial, the client was found not guilty of the misdemeanor DWI, and instead was found guilty to a lesser charge of Driving While Ability Impaired, a non-criminal offense, and fined $300. The client regained full driving privileges in less than 90 days.


People v. T.H.

CHARGE: Misdemeanor DWI

RESULT: CASE DISMISSED

FACTS: Client was charged with misdemeanor Driving While Intoxicated. The client had failed all field sobriety tests and admitted was observed by a police officer leaving a local bar. Client admitted to having a "few drinks." After a pre-trial hearing, the Court found that the police officer violated the client's constitutional rights and ruled that there was no probable cause for the stop of the client's vehicle and the client's arrest. The Court granted Mr. Napolitano's motion and dismissed the case.


People v. B.R.

CHARGE: Criminal Sale of a Controlled Substance in the 1st Degree

RESULT: EVIDENCE SUPPRESSED

FACTS: Client was charged with Criminal Possession of a Controlled Substance in the 1st Degree after nearly a pound of cocaine was allegedly found in his home by the police. If convicted, Client was facing a mandatory minimum state prison sentence of 15 years and a maximum of 30 years. The Court granted Mr. Napolitano's motion to throw out (suppress) all evidence of the cocaine based on the fact that the police illegally searched his home.


People v. F.R.

CHARGE: Criminal Sale of a Controlled Substance in the 3rd Degree

RESULT: CASE DISMISSED

FACTS: Client was charged with Criminal Sale of a Controlled Substance in the 3rd Degree, a class B felony. If convicted the client faced a mandatory state prison sentence of up to 15 years. Client was originally held in custody without bail. Mr. Napolitano arranged for the release of Client from jail within a few days after forcing the prosecution to admit they were not ready for a preliminary hearing. After consulting with Mr. Napolitano, Client rejected a plea bargain. All charges were dismissed against Client by the grand jury.


People v. D.Q.

CHARGE: Criminal contempt in the 1st degree

RESULT: CASE DISMISSED

FACTS: Client was charged with criminal contempt in the first degree under New York Penal Law Section 215.51, after the complaining witness alleged that client threatened her with a weapon. The police raided client's home and business and seized several weapons. The client faced a potential state prison sentence of up to 4 years. In consultation with Mr. Napolitano, client rejected an offer to plea to a misdemeanor criminal charge. After the District Attorney's office failed to go forward with a preliminary hearing, the case was dismissed by the grand jury. The client kept his pistol permit and recovered his licensed firearms.


People v. K.A.

CHARGES: Criminal possession of a weapon in the 2nd degree;

Criminal possession of a weapon in the 4th degree;

Reckless endangerment in the 1st degree; &

Criminal possession of stolen property in the 4th degree

RESULT: CASE DISMISSED

FACTS: Client was found with a stolen and loaded .22 caliber revolver. Client faced a mandatory state prison sentence of 3 ½ to 15 years. The District Attorney's Office failed to sustain its burden of proof at the preliminary hearing and the client was freed from custody. The Assistant District Attorney's offer to plea to a felony and 1 year in jail was rejected by client upon the advice of Mr. Napolitano. The case was dismissed by the Monroe County grand jury and the client can never again be prosecuted on the charges.


People v. M.J.

CHARGES: Criminal contempt in the 2nd degree

RESULT: DISMISSED

FACTS: Client was charged with Criminal contempt in the second degree (a Class A misdemeanor). The client was facing up to 1 year in jail. Upon Mr. Napolitano's motion, the court dismissed the charge based on the District Attorney's Office violation of the client's constitutional speedy trial rights.


VEHICLE AND TRAFFIC LAW CASES:

People v. Z.B.

CHARGE: Speeding 90 in a 65-mph zone (6 POINTS)

RESULT: TICKET DISMISSED

FACTS: Client was charged with speeding at 90 mph in a 65-mph zone. Client admitted to speeding and the speed was verified by radar. If convicted, the client faced 6 points on his driver's license, court fines and mandatory surcharges of up to $385, plus an additional DMV Assessment Fee of $300. The ticket was dismissed in its entirety and the client maintained a clean driving record.


People v. M.M.

CHARGE: Stop sign violation (3 POINTS)

RESULT: TICKET DISMISSED

FACTS: Client was charged with a stop sign violation under New York Vehicle and Traffic Law Section 1172(a). Client faced court fines, a mandatory surcharge, and possible increased insurance rates, due to the fact that he was a young driver. The ticket was dismissed due to the failure of the ticketing officer to provide a deposition in compliance with Sections 100.25 and 100.40 of the Criminal Procedure Law.


People v. D.K.

CHARGE: Speeding in the City of Rochester - Traffic Violations Bureau

72 in a 40-mph zone (8 POINTS)

RESULT: NOT GUILTY AFTER TRIAL

FACTS: Client was stopped by an experienced New York State Trooper who verified the speed by radar. Client faced maximum ticket and court fines of up to $600 plus the mandatory state surcharge. In addition, client faced a DMV Assessment Fee totaling $450. ($300 for 6 points, and additional $75 for each point over 6). Client proceeded to a traffic trial and was found not guilty.


People v. A.L.

CHARGE: Prior Guilty Plea to Speeding (3rd ticket in 18 months)

RESULT: OVERTURNED

FACTS: Client had pled guilty to a speeding violation and faced revocation of her driver's license due to the fact that she had 3 speeding convictions within an 18 month period. Upon motion by Mr. Napolitano, the client was allowed to withdraw her prior guilty plea, and instead plea to a lesser traffic violation. The client's license was restored and she regained full driving privileges.


People v. C.N.

CHARGES: Equipment Violations

RESULT: ALL CHARGES DISMISSED

FACTS: Client with a commercial driver license ("CDL") was convicted of 4 equipment violations, totalling $1,500 in fines. His CDL was suspended and he could no longer drive for work which was his livelihood. Mr. Napolitano filed a motion to vacate the convictions (Coram Nobis motion). Not only did the court grant the motion, it dismissed all charges against the client.