People v. HOWARD E. (JURY TRIAL)
Charges: Attempted Murder in the Second Degree, Assault in the First Degree, Assault in the Second Degree
Court: Supreme Court Bronx County (Hon. Margaret Clancy, J.S.C.)
Prosecution Case: Videotapes and eyewitness testimony establish that client was driving his vehicle at the Throggs Neck Bridge toll plaza attempting to “piggyback” behind a truck to avoid payment of the toll. Upon being stopped by a Bridge and Tunnel Officer who either leaned into or reached into the stopped vehicle, the client accelerated in an attempt to escape and dragged the officer approximately 200 feet before he fell off the vehicle sustaining multiple injuries. The plea offer was double digits (10 + years in jail)
Defense: Thorough cross examination of witnesses, presentation of expert testimony from Dr. Gregory Devita (Board certified plastic surgeon –http://www.gregorydevita.com/ ) and arguments in summation regarding competing inferences.
Verdict: Not Guilty – Attempted Murder, Not Guilty- Assault in the First Degree, Guilty- Assault in the Second Degree