Recent News


News and Results

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You’ve heard of our work, just not from us.

We obtain great results for good people almost every day, and while we’re proud of that fact, we never seek media attention for our work.  We want you to know about our work, but we respect our client’s privacy.  That’s why we omit the names of our clients from the news provided below.  The following accounts are based upon public information and media accounts.

Past results do not guarantee future outcomes. Every case is different and results in one case do not change the likely outcome of other unrelated matters.

 

Dismissed: Investigation by defense attorney reveals federal charges against client are false

May 1, 2014 – A Buffalo man charged with Bank Fraud in United States District Court was accused of fabricating inflated income on a mortgage application.  After a criminal complaint was filed by the United States Secret Service and the United States Attorney’s Office, his attorney, James Quinn Auricchio, began a review of thousands of pages of discovery provided by the Government.  That review revealed that nearly every allegation made by Agents was false.  The complaint was subsequently dismissed by the United States Attorney’s Office. Prior to retaining Mr. Auricchio, the defendant had been offered a plea that would have required a sentence of up to two years in prison.

Drug Charges Against Buffalo Woman Dismissed

April 30, 2014 –   Charges of Felony Drug Possession were dismissed today in Buffalo City Court after Prosecutors admitted that the substance that officers alleged was cocaine, “based upon their training and experience” wasn’t a controlled substance at all.  Officers pulled the women out of her car for “trespassing” because she stopped her car in a public parking lot, in a spot that was restricted for employee parking.  Her attorney brought these issues to the Prosecutor’s attention, who agreed to dismiss all of the charges.

Attorney named to “Who’s Who” of “prominent legal eagles”

2014-04-20 12.30.13January 6, 2014 – Buffalo, New York – Criminal Defense Attorney James Quinn Auricchio, Esq., of Buffalo, New York has been honored by the Continental Broadcast Network. He has been named to that organization’s list of prominent attorney’s as a representative of the professional community.    The selection was made based upon his work as an a Criminal Defense Attorney.

Auricchio, 40, has been a criminal defense attorney since 2009. He previously served as an Assistant United States Attorney for the Western District of New York as well as an Assistant District Attorney for Erie and Monroe Counties. He represents individuals in Local, State and Federal Courts across Western New York.

Felony Conviction Vacated by Court

December 13, 2013 – Buffalo, NY – A Hamburg man will face no more than a year in jail after his conviction for Grand Larceny was vacated by a Supreme Court Judge in Buffalo.  The defendant was accused of stealing over $250,000 from his employer in 2012, but an investigation by his attorney and the Erie County District Attorney’s Office revealed that number was drastically overstated by the complainant and the arresting agency.  As a result, James Quinn Auricchio, Esq., successfully persuaded the Court to allow the defendant to complete the Judicial Diversion Program.  The defendant completed that program in just over one year, which led the Court to reduce his felony conviction to a misdemeanor.  He will be sentenced in the Spring of 2014.

Client released, sentence reduced, just in time for Thanksgiving

November 26, 2013 – Lyons, New York – After an appellate court vacated the sentence imposed by the Court in 2011, a Rochester, NY man was brought before a Wayne County Judge to face sentencing once again. This time, instead of the seven year prison sentence previously imposed, the man was released, and the record of his conviction was sealed upon a finding by the Court that the defendant should be sentenced as a Youthful Offender.  The defendant, who retained Attorney James Quinn Auricchio after his original sentence was imposed, will instead serve a term of probation for five years.  He was released by the Judge just two days before Thanksgiving, in light of the new sentence to be imposed.

Sentence Vacated by Appellate Court

October 1, 2013 – Rochester, New York – The sentence imposed by a County Court Judge in Wayne County was vacated by the Fourth Department of the Appellate Division of New York State Supreme Court Friday, after his attorney argued that the Judge failed to comply with the law when he imposed a Sentence in 2011.  James Quinn Auricchio argued that when the Judge imposed a five year sentence, it failed to address the man’s eligibility for Youthful Offender Status.  “We’re gratified by the decision, obviously,” said Auricchio.  “Our Client is a good kid that made some bad decisions, but we think he deserves the opportunity to be considered a Youthful Offender.  We recognize that the Judge isn’t obligated to grant our motion upon re-sentence, but we think it’s worthy of consideration and that’s our goal.”  The decision was released Friday. You can find it here.

Felony Charges Dismissed Against Derby Man

September 23, 2013 – Angola, New York – Felony charges against a Derby Man were dismissed after Prosecutors agreed to a plea bargain with the man’s attorney.  Investigators from the State Police had alleged that the man submitted false records to the Department of Motor Vehicles in 2012.  James Quinn Auricchio, the man’s lawyer, argued that his client was over-charged when investigators discovered an error in registration forms he had submitted for an all terrain vehicle.  “We appreciate the difficult job the investigator’s faced in this case, but we disagree with the conclusion they reached.  This was not a high crime or fraud, but a mistake, one that anyone could make.  My client had no criminal history, he works to support his family and he simply is not the type of guy that would try to get away with the crime alleged.”  After the Felony charges were dismissed, the case was resolved with a non-criminal disposition, which means the man will continue to have a clean record.

 

Criminal Charges against Cortland man dismissed

June 27, 2013 – Orchard Park, New York.  A Cortland Man charged with Resisting Arrest and Obstruction of Governmental Administration after his arrest at Ralph Wilson Stadium during a game hosted by the Buffalo Bills.  Those charges are misdemeanors, criminal charges which are punishable by up to one year in jail.

Instead, Prosecutors agreed to dismiss the criminal charges against the man.  His Attorney, James Quinn Auricchio, entered a plea on his client’s behalf to simple trespass, a violation, which will not result in a criminal record.  The client was ordered to pay the minimum fines and surcharges within 30 days.

Buffalo Man free after defense motion

June 26, 2013 – Buffalo, New York-  A City of Buffalo man was freed by New York State Supreme Court Judge D. Haendiges today after the defendant’s attorney filed motions requesting his release.  The man was held in custody following his arrest on Felony Assault charges.  Defense Attorney James Quinn Auricchio argued that the Prosecutor had failed to take action on the case and the delay required his client’s release.

“Section 190.80 of the Criminal Procedure Law requires a client’s release when the Grand Jury does not act.” Auricchio said.  “Here we filed our motion on the 45th day and  the client has been released.”

Felony and Criminal Charges Dismissed against 16 year old

June 25, 2013 – Buffalo, New York-  The Felony and Criminal Charges against a 16 year old high school student from Springville were dismissed today following plea negotiations led by his Attorney, James Quinn Auricchio.  The boy, a varsity athlete in two sports, was charged with Burglary in the City of Buffalo earlier this year.  Prosecutors agreed to dismiss the criminal charges and the defendant agreed to enter a plea to a violation, a non criminal section of law that will not appear on the boy’s criminal record.

“My client took these charges serious, and he knows quite well what impact this could have had on his life.” Attorney Auricchio said.    “We were fortunate to have been able to highlight many of the issues with the case and emphasized just how unlikely the allegations against him were.  I am grateful to the Prosecution, who looked at the matter objectively and thoroughly, and reached the same conclusions I did, the criminal charges were simply not sustainable and proceeding with them would have been unwarranted.  The officers in this case did what they thought was proper, and it would be unfair to say they acted without justification, they likely had probably cause, but further investigation after the charges were filed revealed the charges weren’t justified.   It’s a great example of the system working as it should.”

Michigan Man Facing Ten Years to get One

June 20, 2013, Buffalo, New York-  A Michigan man arrested by the United States Secret Service upon allegations that he participated in an international internet scam will not face Wire Fraud Charges after his attorney negotiated a plea agreement with Federal Prosecutors which led to an agreement under which the man entered a plea to a misdemeanor charge.  Agents alleged that the man was involved in a conspiracy that involved a fake internet lender that embezzled thousands from people across the United States.  During pre-trial discovery, defense counsel James Quinn Auricchio highlighted the paucity of evidence to support the Agents’ initial claims.

“This case highlights the importance of pre-trial discovery.” Auricchio opined.  “Without a full discussion of the evidence prior to trial, followed by earnest discussion of the facts with the United States Attorney’s Office, we were able to obtain a plea that was far more just by all accounts.  Some Prosecutors subscribe to a theory that hiding evidence until the law requires disclosure is a preferred practice.  I disagree.  Putting your cards on the table and discussing the evidence and the inferences which can reasonably be drawn from that evidence is far more productive, if you have an adversary that will act in good faith.  That’s what happened here.”

The defendant will be sentenced in September, but the plea agreement entered into by the Government and defense stipulates that a sentence of 12 months is required under the law.

Tonawanda Man freed after reduction of charges

June 20, 2013 – North Tonawanda, New York- The lawyer for Tonawanda man walked his client out of Court after a plea bargain with Prosecutors.  The man was wanted on a warrant after he allegedly failed to appear in Court on a charge of driving on a suspended license.  James Quinn Auricchio presented his client to City Police on the warrant and obtained his client’s release minutes later.    The Judge in the case noted that the man’s attorney acted with “[his] usual efficiency” in convincing prosecutors to reduce the charges to a simple traffic ticket.    Had he been convicted, the man would have faced up to 30 days in jail, and would have likely been held in custody while the case against him proceeded.  Instead, he was ordered to pay a fine of less than $200.00, and the matter is behind him.

New York City Woman charged with assuming a false identity gets a big break

June 18, 2013 – Buffalo, New York – A Bronx woman was arrested after it was discovered that she had assumed a false identity for over three years.  Prosecutors allege the woman obtained a license, passport, bank accounts, car loans and credit cards in another person’s name, but only after being hired by a large financial institution as an executive assistant.  Had the matter proceeded to trial, the defendant could have faced as much as thirty years in prison.  Instead, Defense Attorney James Quinn Auricchio noted, the Prosecution agreed to a plea that led to a one year sentence, of which the defendant will serve no more than 9 months.

At sentencing, Auricchio noted that his client did not engage in the fraud to steal money.  In fact she had made faithful payments on the loans and credit she acquired.  His client assumed the false identity to obtain work and provide for her family.  Prosecutors alleged that she was trying to evade enforcement of a judgment against her filed in New York City.

 

Attorney James Auricchio selected as “Super Lawyer – Rising Star”

April 4, 2013 – A local Attorney whose practice is focused in the area of Criminal Law has earned distinction from the Legal community. James Quinn Auricchio, Esq., has been named to the 2013 List of Rising Stars by Super Lawyers. The print and digital media company operates a survey of attorneys across the United States to recognize attorneys who are under 40 years old that represent the best lawyers in their community, based upon first hand observation — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation. Auricchio, 39, was selected as a “rising star” by survey participants, and a subsequent review process by Attorneys has confirmed that selection. Only 2.5% of all lawyers in the State of New York are selected to the list.

Auricchio, a Buffalo native with Offices in Western New York, focuses his practice in the area of Criminal Defense in State and Federal Court.

Robbery Charges Dismissed Against Buffalo Man

February 22, 2013 – At the request of defense attorneys, Robbery Charges against two Buffalo Men were dismissed in the interest of Justice today in Buffalo City Court.  According to Attorney James Auricchio, prosecutors agreed to drop charges against two Buffalo men after the defense argued that the charges were not supported by the evidence.  “My client was guilty of being in the neighborhood,” Auricchio said.

DWI Charges dismissed against Buffalo Man

October 26, 2012 – A Buffalo City Court judge dismissed all charges against a man charged with DWI and leaving the scene of an Accident today.  The South Buffalo man was alleged to have committed the offense in August when an accident was reported on South Park in the City of Buffalo.  Officers arrested the man after they concluded he was the owner of the vehicle involved in the accident, but failed to secure any evidence that the man was driving at the time.  The charges were dismissed after defense attorney James Quinn Auricchio filed motions in which he claimed the charges filed were inadequate and over the Prosecution’s objections, his motion to dismiss was granted.

Jury Acquits Buffalo Man of Robbery in case of mistaken identification

October 22, 2012 – Buffalo An Erie County Jury has acquitted a Buffalo man of Robbery and Forcible Touching charges today.  The 25 year old man of South Buffalo, was acquitted following a one week trial in Erie County Court.  The defendant had been accused of robbing a woman on Seneca Street in June of 2011.  Defense Attorney James Quinn Auricchio argued that the victim misidentified his client as her attacker when Buffalo Police Detectives showed her a photo array the morning of her attack.  No physical evidence was recovered by police, even after they searched the defendant’s home and the alleyway where the attack was alleged to have occurred.  The case was tried before Erie County Court Judge Kenneth Case.  The Jury deliberated for about four hours.

Note:  This case highlights a significant flaw in common investigation tactics in our Criminal Justice system, one that likely deserves more attention from the public.  Our defense in this case focused on the identification procedures employed by the Buffalo Police, and the likelihood that they resulted in a mistaken identification of our client.  A photo array employed by detectives resulted in the complainant stating, “It looks like the guy.”  The complainant stated at trial that she was sure our client was the perpetrator, but she was unable to elaborate on the details of the event and her basis for identifying him.  In fact, my client was home in bed at the time of the crime.  A number of recent studies have revealed that identification procedures employed by law enforcement may create a greater likelihood of false identifications by eyewitnesses.  More recently, the Second Circuit Court of Appeals has recognized this as a significant issue in law enforcement in a case from Rochester, New York.  – James Quinn Auricchio, Esq.

Buffalo News, July 15, 2012 – Niagara Falls, NY – “Getting Away with Jobbing the System”.

An investigative piece by Buffalo News Reporter Daniel Herbeck.

Buffalo News, June 1, 2012 – Amherst, NY – “Area Lawyers weigh in on outcome of trial”.

A commentary article by Buffalo News reporter Matthew Spina.

Buffalo News, April 2, 2012 – Niagara Falls, NY – “Falls drug sting goes bust as problems arise with informants”.

An article by Phil Fairbanks,  reporting on a Federal Drug Bust in which my investigation established that the informant that Niagara Falls Police and FBI relied on for federal charges against 17 people, fabricated evidence.

Buffalo News, March 27, 2011 – Buffalo, NY – “Advertising company putting ads in county jail”.

An article by Matthew Spina on the Erie County jail’s plan to put TV monitors with ads in the holding center lobby.  I regret my comments in this story, both because I was probably unfair to the company behind the idea, and because I later found out from colleagues that the ads, which are pretty tasteful and informative, actually work well. 

Buffalo News, September 14, 2010,  Buffalo, NY “Two get different sentences for drunk driving with kids”.

Probably one of my proudest moments as an attorney, even before this article came out.  It’s an example of working collaboratively with my client and treatment providers to serve my client’s best, long term interests, while still protecting her rights and holding the system responsible. I was able to convince the Court and Prosecutors to give my client an opportunity to get help, instead of jail.    I’m told this article is hung on the wall at one of Western New York’s largest drug and alcohol treatment centers, which is pretty cool.

Buffalo News, January 30, 2010 – Buffalo, NY – “Attempted Murder Charges Dismissed”.
A news report on one of my first Jury Trials as a defense attorney.  I approached the prosecutor on the second day of trial with forensic evidence that suggested the victim had a gun.  When the Prosecutor confronted the victim with the evidence, he admitted that he had shot at my client, something he left out of his prior testimony.  The charges were dismissed on a motion by the District Attorney’s Office, and my client was sent home after being in jail for six months. I worked on this case with Attorney Michael Benson.