Recently, we secured a significant victory in Nassau County District Court during a bench trial. Attorney David Arpino was asked to assist an attorney (“second seat”) in a criminal bench trial that was pending before the Nassau County District Court in the Domestic Violence Court Part. Our client was facing four charges: criminal obstruction of breathing, menacing in the third degree, assault in the third degree, and endangering the welfare of a child. At the close of the prosecution’s case, we moved for a trial order of dismissal on the charge of criminal obstruction of breathing. After careful consideration, the court granted our request and dismissed that charge.
What is a Trial Order of Dismissal?
A trial order of dismissal is a powerful tool available to the defense during a criminal trial. It allows a defense attorney to ask the judge to dismiss one or more charges after the prosecution has presented its case but before the defense puts on its evidence. The legal standard for granting a trial order of dismissal is whether the prosecution’s evidence, when viewed in the light most favorable to the People, is legally insufficient to establish the defendant’s guilt beyond a reasonable doubt.
In this case, we successfully argued that the prosecution did not present sufficient evidence to sustain the charge of criminal obstruction of breathing, resulting in the court’s decision to dismiss it.
What This Means for Our Client
The dismissal of this charge is a substantial win for our client, as it reduces the potential penalties they may face. While the trial continues on the remaining charges, this outcome demonstrates the importance of thorough legal advocacy and attention to detail at every stage of the trial.
If you or a loved one are facing criminal charges, it’s crucial to have a knowledgeable and aggressive defense team on your side. Contact our office to discuss how we can help.