New York Post: Saved by the ‘cell

A Brooklyn man charged with four gunpoint robberies — after matching a police sketch and being identified by all the victims — was cleared yesterday after his cellphone records proved his innocence.
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Daily News NY: Man jailed over his resemblance to police sketch

A Brooklyn man whose uncanny resemblance to a police sketch of a robbery suspect got him tossed in jail for seven months drew a sigh of relief yesterday when prosecutors dropped the charges.
Read More.

TRIALS AND HEARINGS

DWI Charges – All counts not guilty. Kings County Criminal Court 6/17/2008.
Client had .14 blood alcohol content (BAC). Car was involved in accident. Police stated client admitted to driving vehicle. Jury found client not guilty after 30 minutes of deliberation.

Gunpoint Robbery of Retired NYPD Officer – Kings County Supreme Court 1/31/ 2007
Client was identified as perpetrator and gun was recovered. Defense showed inconsistencies between description given 911 operator and Jay’s client. Jury found client not guilty after brief deliberation.

Two Guns Found in Vehicle – Kings County Supreme Court 10/15/ 2009
Car was stopped by police for traffic violation. Clients ordered out of car. Jay proved that recovery of two guns and ammunition were result of illegal search and seizure. Gun charges dismissed.

DISMISSALS

Stolen Car – Kings County Supreme Court 11/21/09
Stolen car – case dismissed. The grand jury did not indict.

CONVICTIONS OVERTURNED ON APPEAL

New York State Court of Appeals 1995
People vs Clive Spencer 84 NY2nd 749 (1995)
Court overturned verdict of guilty based on illegal search and seizure. Jay successfully proved that the police had no right to stop Spencer’s car, and the gun and marijuana found inside were suppressed as the product of an illegal search and seizure.

DRUG CASES

Cocaine Sale of 8.5 ounces – Kings County Supreme Court 3/11/2009
Drug sale of 8.5 ounces of cocaine inside vehicle. Police observed client in car and claimed they saw him sell drugs. Police recovered 8.5 ounces of cocaine and cash from the vehicle. Within 8 days of arrest, grand jury dismissed all charges against client and he was released from jail.

Cocaine Possession with Intent to Sell – Kings County Supreme Court 7/22/2009
10 tin foil packs of cocaine found by police in center console of client’s vehicle which he was driving. Illegal search and seizure, case dismissed.

100 Pounds of Marijuana – New York County Supreme Court 7/30/2009
Over 100 Pounds of Marijuana were shipped to client’s business. Client signed for package and was immediately arrested. Jay prepared client to testify in the grand jury. Grand jury refused to indict client. All charges dismissed.

Drug “Factory” – Kings County Supreme Court Oct 2009.
598 Bags of Marijuana and 171 Bags of Crack Cocaine, video surveillance equipment and scales were seized in bedroom of apartment. Police “had” search warrant, but case was dismissed based on “mere presence defense.”

GUN CASES

Kings County Supreme Court 4/24/2009
Client indicted for possession of gun and marijuana. Indictment dismissed based on speedy trial violation. Note: Jay also had a jury trial with same client that resulted in not guilty verdict for assault with a machete in 2002.

Kings County Supreme Court 3/19/2009
Client observed by police running after making a drug sale. Police pursued and claimed that client threw a gun they subsequently recovered. Gun charges were dismissed and marijuana charges were adjourned in contemplation of dismissal.

Kings County Supreme Court 10/9/2007
Police claimed Jay’s client was observed throwing gun to ground. Grand jury refused to indict client. All charges dismissed.

Kings County Supreme Court 7/30/2009
Client was in apartment when police entered and found a large amount of drugs, glassine bags, guns, scales and police scanners. Client apprehended on fire escape after fleeing apartment. All charges dismissed based on speedy trial violation.

Kings County Supreme Court Sept 2009
Two college students in back seat of cab, police stopped cab in response to silent alarm signaled by driver. Police recovered gun. Clients arrested. Grand jury refused to indict both clients who are now back in college.

Kings County Criminal Court 9/25/2009
Gun found in home with drugs. Police found marijuana, crack cocaine and a .40 caliber revolver. Case dismissed based on speedy trial violation.

Kings County Criminal Court 10/7/2009
Gun in car. Police responded to a radio call of a robbery. Police arrived at scene and recovered a gun from inside the vehicle client was seated in. All charges dismissed based on insufficient evidence.

Kings County Supreme Court 11/18/2009
Gun found on client. Police recovered a gun they stated client threw to the ground. Grand jury refused to indict client after he testified. All charges dismissed.
Note: Jay previously represented client on gun charge where he received probation, youthful offender treatment and no jail.