Gerald J. McMahon

Recent Trials:

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• Commonwealth v. I. Dean F.  - Following the reversal of his murder conviction and 15-30 year sentence, a young black man was acquitted of Murder and Gun charges by a jury in the Court of Common Pleas in Philadelphia, Pa.  The jury rejected the testimony of two informants who testified that defendant admitted the murder to them.  The jury also ignored text messages recovered from defendant’s phone which seemed to corroborate his involvement in the shooting.

• United States v. Fareeq A. - A young Yemeni man was acquitted of all charges (Involuntary Manslaughter and Leaving the Scene of an Accident) following a one-week jury trial in the United States District Court for the District of Maryland. The jury rejected the government’s case which included an expert reconstructionist, who testified that defendant’s car was traveling 94-102 mph when it spun out of control, and an eyewitness couple who testified that they were in a car behind defendant’s on the Baltimore-Washington Parkway and saw him drag-racing with another car before the fatal crash with a third car.

• People v. Christopher C. - Owner of a large plumbing company acquitted of bid rigging following a trial in Manhattan Supreme Court. The Attorney General's Office refused to consider any resolution that didn't include a plea to a felony and a state prison sentence. 

• People v. Ardjent S. - After a four week retrial, a Staten Island jury acquitted the defendant of all charges including murder and weapons possession. The jury rejected the testimony of an eyewitness bystander who claimed he saw the defendant running from the crime scene seconds after hearing three shots. The first trial ended in a hung jury following which the defendant rejected a plea offer of three years imprisonment.

• United States v. Anthony R. - Alleged Genovese capo Anthony R was acquitted of all charges (Extortion & Conspiracy) by a Brooklyn Federal jury despite the testimony of cooperating witness, and former Bonnano boss, Joseph Massino and despite the introduction into evidence of a recording of the so-called extortion "sitdown."

• People v. Ardjent S. - A Staten Island, Supreme Court jury deadlocked 7-5 for acquittal following a five week murder trial and four days of deliberations. The defendant remains on bail while the prosecution decides whether to retry the case or offer a very favorable plea agreement.

• United States v. Francis G. - In a "stunning setback for federal prosecutors" (NY Daily News), an Eastern District jury acquitted alleged Colombo Family associate Francis G. of two murders, multiple extortions and racketeering conspiracy following a six week trial before District Judge Sandra L. Townes in Brooklyn Federal Court

• People v. Leonard G. - Following a one-week trial in Manhattan Supreme Court, a young Albanian man was acquitted of all drug charges despite the fact that police executed a search warrant for his apartment and seized quantities of cocaine, oxycontin and other pills, and miscellaneous drug paraphrenalia.

• People v. Kevin P. - Following a weeklong trial in Manhattan Supreme Court, a New Jersey Transit bus driver was acquitted of assaulting one of his passengers. The jury deliberated a little more than two hours, including lunch.

• United States v. Arthur U. - New York City private mortgage lender, charged with operating an unlicensed money transmittal business and currency reporting violations, found not guilty on all counts following six week trial in Brooklyn Federal Court.

• People v. Carmine P. - Pizzeria owner acquitted of Murder following a five week trial in Brooklyn Supreme Court, despite the testimony of two alleged accomplices.

• People v. Carol C. - Brooklyn woman, accused of maiming her roommate during a fight, acquitted by a jury of Assault in the First Degree and all charges after just two hours of deliberation.

• United States v. Arthur C. - Union president acquitted of all charges following two month extortion, fraud and conspiracy trial.

• People v. Willis P. - Young man acquitted of Attempted Murder of a Police Officer and Possession of a Firearm With Intent to Use Unlawfully despite testimony of four police officers who swore he fired a shot at them from point-blank range.

• United States v. Paul M. - Alleged Mafia figure acquitted of stealing $8 million in cash from Wells Fargo depot in New York City.

• United States v. Albert P. - Charges of Perjury and Extortionate Credit Transactions dismissed against Chief Assistant District Attorney of county in New York State

Reported Cases:

• United States v. Papraniku, 2013 U.S. Dist. LEXIS 46343 (E.D.N.Y., March 29, 2013)

• United States v. Meltsin, 2012 U.S. Dist. LEXIS 56621 (S.D.N.Y. April 19, 2012)

• United States v. Messina, 2011 U.S. Dist. LEXIS 87360 (E.D.N.Y., August 8, 2011)

• United States v. Ali, 2008 U.S. Dist. LEXIS 86463 (E.D.N.Y. October 27, 2008)

• United States v. Ali, 561 F.Supp.2d 269 (E.D.N.Y. 2008)

• Matter of Polito v. Walsh, 8 N.Y.3d 683 (2007)

• United States v. International Longshoremen's Association, et al., 518 F.Supp.2d 422 (E.D.N.Y. 2007)

• United States v. Kramer, 2006 U.S. Dist. LEXIS 89034 (E.D.N.Y. December 8, 2006)

• Sharma v. New Opal, 2005 U.S. Dist. LEXIS 8457 (S.D.N.Y. May 5, 2005)

• United States v. Bruno, 383 F.3d 65 (2nd Cir. 2004)

• United States v. Nachamie, 101 F.Supp.2d 134 (S.D.N.Y. 2000)

• People v. Prisinzano, 170 Misc. 2d 525 (Crim. Ct., N.Y. Cty. 1996)

• United States v. Local 359, 55 F. 3d 64 (2nd Cir. 1995)

• Ellman v. Chatwal, 209 A.D. 2d 287 (1st Dept. 1994)

• United States v. Salerno, 964 F.2d 172 (2d Cir. 1992)

• Farrell v. Ashton, 1991 U.S. Dist. LEXIS 2331 (S.D.N.Y. February 28, 1991)

• People v. Lindin, 142 Misc.2d 964 (Sup.Ct., N.Y. Cty. 1989)

• United States v. Hernandez, 862 F.2d 17 (2d Cir. 1988)

• Machado v. United States, 860 F.2d 542 (2d Cir. 1988)

• People v. Ballard, 133 Misc.2d 584 (Sup.Ct., N.Y. Cty. 1986)

• People v. Nuzzi, 128 Misc.2d 502 (Crim.Ct., N.Y.Cty. 1985)

• United States v. Morales, 611 F.Supp. 242 (S.D.N.Y 1985)

• United States v. Pacione, 738 F.2d 567 (2d Cir. 1984)

• People v. Sinatra, 89 A.D. 2d 913 (2d Dept. 1982)

• People v. Diaz, 108 Misc.2d 213 (Sup.Ct., N.Y. Cty. 1981)

• People v. Garthaffner, 103 Misc. 2d 671 (Crim. Ct., N.Y. Cty., 1980)