Peter Tilem | White Plains Criminal Lawyer

People of the State of New York v. John Doe Practice Area: Criminal Defense Outcome: Case Dismissed. Record Sealed Description: Client was arrested and indicted for Criminal Possession of a Weapon in the Third Degree, Aggravated Unlicensed Operation of a Motor Vehicle and Possession of Marihuana. Plain Clothes Police claim that they stopped his vehicle, in front of the defendant's home, because he did not have a seat belt and then that his license was suspended. They claimed that his wife offered to get his license up in the apartment but that she never returned so they went up to the apartment to see what happened to her and that they smelled marihuana coming from the apartment. They calim that they saw marihuana in "plain view" when she opened the door and that she consented to the search of the apartment where they found a gun. We challenged the constitutionality of the stop of the defendant and the search of his apartment. During several cross-examinations of the arresting officer and other police officers, I caught them in several major inconsistencies. The District Attorney was eventually forced to dismiss all charges. People of the State of New York v. Andrew Brown Practice Area: Criminal Defense Outcome: Defendant convicted of the Sale of 20 or more guns Description: Defendant was convicted of Criminal Sale of a Firearm in the First Degree by a jury. Judge Wittner set aside the top count because she ruled that individual smaller sales could not be aggregated for the purposes of the statute. Case went up to the Court of Appeals and was affirmed but New York State legislature amended the law based upon this case. Mark C. v. Jasmin H. Practice Area: Family Outcome: Appelate Division of Sup. Court upheld Family Cour Description: Case involved cross-petitions for Orders of Protection under the New York Family Court Act. At the hearing the Judge curtailed my cross-examination of the Petitioner mother and ruled in her favor. We appealed on behalf of the father and lost. People of the State of New York v. Makram Malaty Practice Area: Criminal Defense Outcome: Prosecutor permitted to subpoena divorce records Description: In criminal case alleging Grand Larceny and Criminal Possession of a forged instrument for the transfer of a building into defendant's name, prosecutor was permitted to subpoena records from defendant's divorce, normally confidential pursuant to New York Domestic Relations Law sect 235. People's showing of "potential relevance" was sufficient to obtain the records. Brown v. Wittner Practice Area: Administrative Law Outcome: Article 78 Writ of Prohibition Denied Description: An article 78 , writ of prohibition was denied. Criminal defendant could not maintain an artcle 78 against Judge. Proper remedy was appeal. Hernandez v. United States Practice Area: Criminal Defense Outcome: District Court Affirmed Description: The Sentencing Court was required to consider New York Youthful Offender adjudications for the purposes of sentencing. Federal Courts are required to look at the State youthful offender statute to determine whether they are considered by federal courts for the purpose of sentencing. This process does not violate a defendant's equal protection rights. People v. Gunatilaka Practice Area: Violent Crime Outcome: Case dismissed Description: Prosecutor is required to prove the contents of a tear gas can by filing a laboratory analysis report with the Court. Allegation that the defendant walked back and forth upon a public street outside the victims place of business was insufficient to sustain a conviction for violating an order of protection which barred the defendant from the victims place of business. People v. Anonymous Practice Area: Criminal Defense Outcome: All Charges Dismissed Description: Client, school bus matron, charged with taunting an autistic boy and failing to assist him as he banged his head against a window on the school bus. All charges were dismissed before trial.