Stewart A. McMillan, Esq.

Results

Our firm’s recent criminal defense results: DWI

DWI client arrested for felony DWI for third offense within five years, following a stop by Yonkers police on the Cross County Parkway. Result: client found not guilty of felony DWI following jury trial in Supreme Court.

Client arrested for fourth DWI after New Rochelle police discovered him unconscious behind the wheel of his car with motor running, and damage to front bumper in front of his girlfriend’s house in New Rochelle, New York. Police allege he struck several other cars in the neighborhood before parking his vehicle. Result: client found not guilty of DWI following jury trial.

Man arrested for DWI in Mamaroneck, New York, following a routine traffic stop near Harbor Island. Result: all charges dismissed before trial, based on Motion to Suppress Evidence.

Connecticut woman arrested in Darien for driving under the influence after police alleged she swerved her car out of her lane following a stop on the way home from a local bar. Result: charges dismissed prior to trial.

Connecticut woman with prior DUI (with fatalities) charged in Greenwich with subsequent DUI within 5 years. Result: negotiated reduced plea agreement which included minimal jail time, with a focus on counseling and future rehabilitation.


Drug Offenses

Teenager arrested and charged with felony cocaine possession after large quantity of cocaine found under the seat of his car by police following a routine traffic stop in Queens, New York. Result: case against client dismissed based upon lack of evidence to prove that the drugs belonged to him.

Man arrested in Harrison, NY and charged with felony drug sale after being searched by security guards entering a rock and roll concert and found to possess heroin. Result: all felony drug possession and sale charges dismissed. Case reduced to a non-criminal violation with just a minimal fine.

Manhattan man arrested and charged with possession of narcotics with intent to sell after passing out in a college library and found to have a large quantity of ketamine in his student book bag. Result: client forced to undergo extensive counseling. Charges dismissed prior to trial.


Theft Offenses

Bronx NY man charged with felony robbery and burglary after New Rochelle police stopped his vehicle and found burglary tools and stolen property in the trunk of his car. Result: negotiated a reduced plea agreement to one misdemeanor count – with all remaining felonies dismissed.

Woman arrested in Eastchester, NY for grand larceny after police accused her of stealing numerous items of expensive clothing at Lord & Taylor department store. Result: all criminal charges dismissed, attorney negotiated a guilty plea to a non-criminal violation in full satisfaction of all charges.

Rye, NY teen arrested for larceny after police allege he took an uber from upstate Connecticut all the way to an area nearby his home in Rye, NY and then fled without paying the fare. Result: case dismissed based upon evidence presented to suggest that the teen’s actions were unintentional.


Traffic Cases

Stamford, Connecticut man charged with excessive speed and misdemeanor reckless driving for traveling in excess of 110 MPH on I-95. Result: criminal reckless driving offense dismissed, speeding charge reduced to a lesser offense.

Rye, New York man’s driver’s license suspended for accumulating too many points on his driving record for driving in excess of 75 and talking on his cell phone on the local roads. Result: plead case down to 3 points on driving record (instead of 11). Client’s driver’s license maintained.

Man stopped on FDR parkway in Manhattan, charged with excessive speeding, subject to 11 points on driving record and loss of NYS driver’s license. Result: charges dismissed prior to trial.


Robbery

Yonkers man arrested and charged with attempted murder, robbery and gun possession following a police investigation of a shooting at a liquor store. Result: attempted murder and robbery charges dismissed following jury trial in Supreme Court.


Leaving the Scene of a Personal Injury Accident

Mamaroneck man charged with leaving the scene of an accident after police allege he struck and seriously injured a man while exiting a parking lot at night. Police alleged he intentionally left the scene. Result: criminal charges plead down to a routine traffic violation (not a criminal record), based upon a lack of evidence to support charge that client knew he struck and injured victim and then intentionally left scene anyway.


Overweight Truck Violations

Mamaroneck Construction company cited with overweight truck, no permit (and numerous other violations) after truck stopped and found to contain in excess of 20,000 lbs above legal limit. Result: plead all charges down to non criminal violations. Minimal fine assessed.

Stamford Connecticut Company cited with overweight truck, insufficient permit (and numerous other violations) after driver took a wrong turn and accidentally entered the Hutchinson Rover Parkway. Truck stopped and found to contain in excess of 25,000 lbs above legal limit. Result: plead all charges down to infractions. Minimal fine assessed.


Patronizing a Prostitute

Westchester teacher arrested and charged with patronizing a prostitute after answering a personal ad set up by undercover police in connection with a sting operation. Result: all criminal charges reduced to a non criminal violation.


Homicide

Man stopped for routine traffic violation in Manhattan and detained in Riker’s Island for murder after police believed he was a suspect in a Louisiana murder investigation. Result: charges dismissed after evidence submitted to show of mistaken identity.


Criminal Appeals

Long Island man arrested and charged with suspicion of murder after DNA allegedly linked him to a murder case that occurred over 10 year ago in Westchester County, New York. Attorney submitted appeal challenging the validity of the DNA collection, testing and profile.

Rockland County general contractor tried and convicted (with another attorney) of theft of a large amount of client’s money during the course of a large residential home construction. Client sentenced to 4 years in jail. Result: appeal granted. Charges dismissed. Jail sentence vacated.

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