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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What Is 404b Evidence And When Is It Admissible

What Is 404b Evidence And When Is It Admissible?

404b evidence refers to evidence of other crimes, wrongs, or acts introduced in a trial to prove something other than a person’s character or propensity to commit the crime charged. It gets its name from Federal Rule of Evidence 404b, which governs the admissibility of this type of evidence.

Common Defenses Against 404b Evidence

Defense attorneys have several arguments available to exclude 404b evidence:

  • The evidence shows propensity only, not a proper 404b purpose
  • The prior acts are too dissimilar, remote in time, or irrelevant
  • The prejudicial effect substantially outweighs any probative value
  • No proper limiting instruction can cure the prejudice
  • The evidence would confuse the issues or mislead the jury

By focusing on these potential weaknesses, the defense may convince the judge to exclude some or all 404b evidence.

Examples of 404b Issues

404b evidence often plays a prominent role in criminal trials. Here are some real-world examples:

  • In a fraud prosecution, the government sought to introduce evidence of the defendant’s prior convictions for mail fraud under 404b to show knowledge and intent. The trial judge excluded the evidence as too prejudicial since the prior frauds were not sufficiently similar. United States v. Garcia-Toro
  • In a drug conspiracy case, the trial court allowed 404b evidence of the defendant’s prior involvement in the drug trade to show his intent, knowledge, and absence of mistake in joining the charged conspiracy. The appeals court affirmed the ruling. United States v. LaFlam
  • In a prosecution for being a felon in possession of a firearm, the government sought to introduce the defendant’s two prior felony convictions involving firearm possession to show knowledge and absence of mistake. The trial court excluded the evidence under 403, finding the risk of unfair prejudice outweighed its probative value. United States v. Caldwell
  • In a murder case, the trial court admitted evidence of the defendant’s previous assault against the victim under 404b to establish motive and intent. The appeals court found this was proper and relevant to rebut the defendant’s claim of self-defense. People v. Spector

As these examples show, application of the 404b rule often leads to close calls over whether the probative value justifies admission despite the risk of unfair prejudice. Careful argument by counsel over these balancing issues is key.

Practical Considerations

  • Prosecutors should articulate the proper 404b purpose and reasoning for admission and be prepared to defend the relevance and probative value versus prejudice.
  • Defense counsel should scrutinize any 404b evidence for grounds to exclude it, such as lack of similarity, remoteness in time, and potential to confuse or mislead the jury.
  • Both sides should research the applicable case law in their jurisdiction on 404b admissibility standards. Precedent varies across circuits.
  • For admitted 404b evidence, request a clear limiting instruction from the judge explaining the permissible and prohibited uses. Object to any instruction that is vague or confusing.
  • The judge should hold a hearing outside the jury’s presence before trial to carefully consider 404b admissibility issues. This avoids tainting the jury with potentially inadmissible evidence.
  • Appellate courts review 404b rulings for abuse of discretion, a deferential standard, so trial judges have latitude in weighing relevance versus prejudice.

Conclusion

404b evidence can strengthen the prosecution’s case but also risks unfair prejudice. Careful application of the rules of evidence and persuasive advocacy are key to successfully navigating 404b issues at trial. The judge serves as gatekeeper, deciding whether the proper purpose, relevance, and probative value justify admission of a defendant’s other crimes, wrongs, or acts.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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