Sex Crimes / Sex Abuse – Molestation Charges Dismissed Criminal

Westchester Taxi Driver FALSELY Accused of Molesting Girl in Back of Cab. A White Plains taxi driver was the victim of false allegations that he raped a New Rochelle woman in a church parking lot – when the woman couldn’t pay her fare. The man was accused of getting into backseat, locking all doors and attacking the woman. The man lost his job and his wife as a result but Our Westchester criminal Attorneys argued that the statement didn’t hold water because all the car’s doors couldn’t be locked from the backseat. All charges were dismissed and the man is back on his feet, back to work and remarried.

Sex Crimes / Rape – Rape Charge Criminal

A young man was charged with rape in the stairwell of the mall. The evidence included our client’s DNA recovered from a cigarette butt found inside the stairwell. From the moment Westchester Criminal Lawyer Richard A. Portale took over the case, the client did not spend another day in jail.

Resisting Arrest / Obstructing Governmental Administration – College Student Falsely Arrested Criminal

A college student in Brooklyn New York was falsely arrested. This bright young student who was wrongfully stopped and frisked and charged with resisting arrest and obstructing governmental administration in his very own neighborhood for allegedly riding his bike while not in the bike lane. All charges were dismissed.

Assault / Reckless Endangerment / Reckless Driving / Resisting Arrest – Police High Speed Car Chase Defense Criminal

After allegedly attacking two men outside a local bar with a 6-inch knife; this man led Police on a car chase at speeds of over 100 mph through 3 jurisdictions – after being cornered by Police vehicles, he rammed his way out using his Lincoln Mark VI to smash cruisers and create a lane of escape. He was eventually apprehended. Our Westchester Criminal Attorney Richard A. Portale was able to negotiate the release of the vehicle, a plea to a misdemeanor with local jail time and no restitution.

Assault / Reckless Driving / Leaving the Scene – Auto Accident Criminal

She was a 64-year-old retired teacher and she suffered from kidney failure. She was driving home from dialysis to see her husband, a retired New York City Fireman. She got into an auto accident and she hurt someone. Police and the DA over-reacted and our client was arrested and charged with a crime. Westchester Criminal Defense Attorney Richard A. Portale brought common sense to the forefront and obtained a dismissal of all charges against our client.

CPW / Menacing – Teenage Actor Cornered by Thugs – Acts in Self-Defense Criminal

College student cornered on MTA. A young Hawaiian actor in the United States to attend a local college was surrounded and threatened with violence by several larger men, one of which put the young man in a choke hold. The Defendant pulled out a knife to defend himself and ward off his attackers. He was then wrongfully charged with Possession of a Weapon and Menacing. All charges dismissed.

Sex Crimes / Rape – Client Accused of Rape on the West Coast Criminal

A longtime client of ours was on the west coast for business and had no choice but to blow up the cell phone of Westchester Criminal Attorney Richard A. Portale in the middle of the night. The client shared that he was wanted for questioning by police – he was being accused of raping a young woman he met in the hotel bar after a night of heavy drinking. From across the country, Mr. Portale immediately interceded between the client and the sex crimes detectives, who can sometimes be very jaded and overly aggressive. Mr. Portale used his vast network to locate an investigator that was sympathetic to our client’s cause. Within weeks, Mr. Portale was able to persuade the Detectives that the accuser was not credible and our client was cleared of all charges. It cannot be overlooked that these detectives took their jobs very seriously and took the time to thoroughly examine all the evidence, rather making a knee jerk arrest –a real throwback to the days of common sense and patience in the investigation stages of alleged sex crimes allegations.

Drugs / Cocaine – B Felony Cocaine Case Criminal

A young father had recently been released from prison and was living in a group home to regain his footing in life and reintegrate into society. While he was taking a shower in a communal bathroom, he was confronted by a reckless, aggressive police officer who was searching the home. Our client was placed in handcuffs, arrested, and charged with B Felony Possession of Cocaine which was allegedly found in the shower drain. Portale Randazzo attorney and former Bronx D.A. Kenneth M. Calvey immediately filed a persuasive motion to dismiss, arguing that the District Attorney could not prove their case. After several heated courtroom showdowns featuring vigorous defense argument, the motion was granted and all charges were dismissed. We are now suing the Detective in Federal Court for violating the client’s civil rights. If you or someone you know has been the victim of abuse at the hands of police, please call Portale Randazzo to help you to regain your power.

Criminal Nuisance / EWC – Westchester Mom Studying for Ph.D. Criminal

Her daughter had a house party and the police were called. They refused to listen to reason and arrested this single mother of two, charging her with the crime of Criminal Nuisance in the Second Degree.

Westchester Criminal Attorney, Richard A. Portale refused to take “no” for an answer, even submitting a Pre-Plea memo to the Court and the District Attorney.

Ultimately, after reading Mr. Portale’s moving papers, the District Attorney dismissed all criminal charges.

Sex Crimes / Rape – Teen Falsely Accused of Forcible Rape Criminal

Putnam County teen FALSELY accused of forcible Rape, successfully defended by NY criminal attorney, Richard Portale. This promising young man lived with mom and was a conscientious student. But the two of them were still struggling with the death of their father/husband who had passed just a year earlier. The false allegation and investigation of forcible Rape could not have come at a worse time for the family. Westchester Sex Crimes Attorney Richard A. Portale got involved with this tragic case at an early stage and not only convinced the Putnam County Sheriff’s Office that this evil young lady was lying but worked tirelessly to have her arrested on charges of Offering a False Instrument for Filing and Perjury. Adam Levy, a breath of fresh air as newly elected Putnam County District Attorney, required the troubled girl to pay back the family for the money they spent on Attorney’s and Investigator’s fees.

Conspiracy and Criminal Sale of a Narcotic Drug Criminal

On March 3, 2021, the Appellate Division, Second Department granted our client’s motion pursuant to C.P.L. 460.50 for a stay of the judgment against him and ordered his immediate release from prison on his own recognizance while his appeal is decided. The decision and order on motion was handed down a day after vigorous oral argument, during which the Court aggressively questioned the prosecution about the weakness of the evidence underlying our client’s convictions for Conspiracy and Criminal Sale of a Narcotic Drug. We are hopeful that his conviction will be overturned in the very near future.

Assault / Criminal Trespass / Harassment – Confrontation With Police Chief Criminal

A concerned Westchester professional confronted a local police chief about the lack of concern and action after Hurricane Sandy. The Chief physically initiated chest-to-chest contact, knocking our client to the ground. Our client was then arrested and charged with a crime! After months of hard-nosed negotiations, all criminal charges were dismissed!

Driving While Intoxicated Criminal

Portale Randazzo Attorney Kenneth Calvey, a former New York City Prosecutor in Bronx County, achieved victory on behalf of our client last week in a DWI New York State Department of Motor Vehicles Refusal Hearing. Mr. Calvey conducted the hearing and presented expert witness testimony, medical records, and other evidence demonstrating our client suffered from a medical condition to rebut the New York State Police’s assertion she refused to provide a breath sample. The refusal charge was dismissed and her full driving privileges were immediately reinstated by the DMV.

“All this guy does is win.”

-Partner Richard Portale

Murder / Manslaughter / Assault / EWC – Mom Acquitted of Killing Her Baby Criminal

Young mother wrongfully accused of killing her baby, Westchester Criminal Attorney Richard Portale sets her FREE. A 1-year old little girl was pronounced dead upon arrival to the hospital and over a year later – mom continued to sit in an orange jumpsuit in an 8 by 8 foot jail cell. After being approached by her family, Criminal defense lawyer, Richard A. Portale, ESQ. decided to take up her cause and fight for her. It was an intense, no holds barred, month-long trial in Judge Zambelli’s courtroom – which passersby sometimes described as a battlefield. Mortar fire rained down upon the 2nd floor of the courthouse day after day, witness after witness as Mr. Portale slowly and methodically dismantled a very strong government case – which included an eyewitness, physical evidence – including DNA and a 6-hour videotaped confession that Mr. Portale suppressed. When the dust settled, the jury was in tears and this 21-year-old was acquitted of manslaughter and set free.

Sex Crimes / Rape / Drug Possession – Girl Lies about Threesome, Cries Rape Criminal

A New York City working man and his fiancé were accompanied home by a third female – this dream turned into a nightmare when the young woman later accused the client of forcible rape. New York Sex Crimes Attorney Richard A. Portales’ working knowledge of forensic DNA testing and procedures allowed the victim of this spurious allegation to maintain his innocence and preserve his integrity and reputation. All charges dismissed. Unfortunately, our client’s heartless accuser was never prosecuted for lying about the incident and nearly ruining our client’s life with her wanton disregard for the truth.

Assault / Attempted Murder / CPW – Mount Vernon Dad Shoots Assailant Criminal

Mount Vernon Dad Shoots Assailant in the Leg – This well-known dude was simply picking up his dinner when he was jumped and assaulted with a baseball bat. This was not a wise move, as our client quickly wrestled the bat away from his attackers and started swinging. One of the thugs then pulled out a gun and that too turned out to be ill-advised. Our client got the gun, shot his attacker in the leg and ran leaving the gun behind. Although our client was painted as the villain because of a prior conviction for attempted murder, all criminal charges, included assault in the first degree and criminal possession of a weapon were dismissed within a few short months.

Arson / Theft / Grand Larceny – Arson Charge Criminal

This young man was accused of blowing up a car that was parked in an attached garage: at a time when there were innocent people in the house. When police arrested him he was allegedly driving a stolen car. From the day we took over the client did not spend another day in jail.

CPW / Violation of Parole – Possession of an Illegal Weapon Dropped Criminal

A young man that police knew was on felony probation was found to be in possession of legal knife. He was inappropriately arrested, jailed and his probation violated. Westchester Criminal Attorney Richard A. Portale not only had the improper charges dismissed – but the young man’s Probation was restored and his knife returned to him.

Wrongful Conviction and Malicious Prosecution Civil

Plaintiff owned a restaurant and was convicted of selling alcoholic beverages to a visibly intoxicated person who subsequently caused a fatal two car motor vehicle accident. Plaintiff was incarcerated for six months before his conviction was overturned. Plaintiff alleged police misconduct during the criminal investigation, including coercion of witnesses. $1,000,000.00 demand before trial; $2,000,000.00 demand during trial. 

Special Duty/ Police Protection Civil

Decedent was taken hostage and killed by her husband after the court had issued an order of protection. Decedent’s estate alleged that the police failed to protect her.

RICO and Related Federal Constitutional Claims Civil

RICO and related federal constitutional claims arising from the Town’s enforcement of its wetlands law, which plaintiffs claimed was unconstitutional. Summary judgment granted against all eight plaintiffs, affirmed on appeal.

Negligence Civil

Inmate on inmate assault with pool stick at Putnam County Correctional Facility.

Excessive Force and Assault Civil

Female plaintiff alleged that she sustained injuries to her shoulder, elbow, and wrist during an arrest, which resulted in three surgical procedures. $250,000.00 demand before trial; $750,000.00 and then $1,000,000.00 demand during trial. 

Discrimination Civil

Discrimination claim based upon national origin in the discipline of a student.

Discrimination Civil

Malicious prosecution and discrimination claim based upon national origin in the discipline of a student.

Negligence Civil

Allegations that the police department failed to supervise, intervene and/or otherwise protect plaintiff from an assault by another student. No offer. Plaintiff settled with the school district after discovery and all claims against the police department were withdrawn.

Negligence Civil

Town highway employee sustained a comminuted fracture/crush of the right femur requiring closed reduction and internal fixation with rods and screws after his leg was trapped in a County-owned paving machine.

Negligence Civil

Plaintiff sustained traumatic injuries including the complete amputation of his right leg as a result of a boating accident and alleged negligence by a 911 operator causing a delay in the provision of emergency services.

Negligence Civil

Plaintiff police officer alleged that he suffered hearing loss and PTSD as the result of an accidental discharge of a weapon by a fellow officer.

Negligence Civil

Operator of a motorcycle sustained left lower leg crush injury requiring a traumatic below the knee amputation. Plaintiff claimed that the accident was caused by debris left from a road reclamation project.

Malicious Prosecution Civil

Malicious prosecution against District Attorney and Assistant District Attorney. Motion to dismiss complaint granted based upon absolute immunity, affirmed on appeal.

Land Use Civil

Plaintiff claimed that the Town unlawfully denied a building permit which prevented plaintiff from developing a hotel project. Claimed damages in excess of $20,000,000.00.

Land Use Civil

Alleged violation of constitutional rights as a result of the denial of a special use permit.

Land Use Civil

Unjust enrichment and breach of contract claim based upon an amendment to the Village’s Zoning Ordinance which deprived Plaintiff of the full use and value of his property.

Federal Constitutional Claim Civil

Federal constitutional claim arising from the denial of home care services by the Department of Social Services.

False Arrest/ Malicious Prosecution Civil

Plaintiff was arrested and all criminal charges were subsequently dismissed.

Excessive Force and Wrongful Death Civil

Two peace officers shot and killed plaintiff’s husband after responding to a 911 hang-up call and being confronted by him. 

Excessive Force and Malicious Prosecution Civil

Verbal dispute between plaintiff and a police officer escalated into a physical confrontation. Plaintiff claimed injuries to his neck and back requiring three surgical procedures.

$1.2 million demand during trial; $800,000.00 offer was rejected. Defense verdict on the claim of excessive force. Verdict in the amount of $3,500.00 on the claim of malicious prosecution which was subsequently settled for $25,000.00. Motion to set aside the settlement was denied, affirmed on appeal.

Deliberate Indifference to Medical Needs and Wrongful Death Civil

Inmate committed suicide at correctional facility. Demand in excess of $1,000,000.00 prior to trial. Sealed during trial by County defendants for $500,000.00. Jury verdict against non-settling co-defendant in excess of $1,000,000.00, including attorney’s fees, affirmed on appeal.

Portale Randazzo LLP Secures Win for Elvis Moremo – Criminal.

In April 2021, the Appellate Division Second Department reversed Elvis Moreno’s wrongful conviction. Despite being merely present during a drug sale in 2015, he was wrongly found guilty of drug-related charges and labeled a “drug kingpin,” leading to a seven-year prison sentence. The unanimous Appeals Court ruled that there was insufficient evidence to prove his guilt, as he had no involvement in arranging the drug sale and no knowledge or intent to aid in it. Attorney Vivian Shevitz played a crucial role in this victory, and Mr. Moreno was vindicated after his wrongful conviction.