Orangetown Justice Paul B. Phinney III dismissed the assault charge brought against a Rockland County man after he heard testimony from a New York State Police Investigator and determined that the man was arrested without probable cause. After New York assault lawyer Peter H. Tilem moved that the Court suppress statements taken from his client as well as hold a hearing to determine the probable cause issue, a hearing was held before Justice Phinney. On cross-examination by Mr. Tilem, an experienced criminal defense attorney, the State Police investigator admitted that the "victim" was the initial aggressor, that he had attacked the Rockland County man using his eyeglass ear pieces as a weapon between his fingers and that he in fact had probable cause to arrest the "victim" for a felony. Rather he arrested the Rockland County man because he thought that his response was excessive.
The Assault in the Third Degree charge that was dismissed was a class "A" misdemeanor and carried a maximum jail sentence of up to one year in the Rockland County Jail. Experienced criminal defense lawyers often move to suppress evidence in criminal cases and request probable cause hearings as a way of attacking criminal charges.
Peter Tilem is a senior partner in the White Plains based New York law firm Tilem & Campbell. The firm handles criminal cases throughout New York City, including Manhattan, Brooklyn, the Bronx, and Queens as well as Westchester, Rockland, Putnam and Orange Counties.
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