JONATHAN EDELSTEIN

Jonathan Edelstein, Of Counsel to the firm, has practiced criminal defense law for 12 years, with a focus on State and Federal appeals, post-conviction remedies, habeas corpus petitions and challenges to sex offender restrictions.  A graduate of Fordham University Law School, he is admitted to the bar in the State of New York, the United States District Courts for the Southern, Eastern, Western and Northern Districts of New York, the United States Courts of Appeal for the Second, Third and Fourth Circuits, and the Supreme Court of the United States.  Mr. Edelstein has authored or co-authored 15 law journal articles on various aspects of criminal law and has appeared as an Outside Counsel columnist in the New York Law Journal daily newspaper.  His work has been cited by numerous Federal courts as well as the highest courts of New York, Kansas, Maryland and Montana.  Notable cases litigated by Mr. Edelstein include United States v. Corsey, ___ F.3d ___, 2013 WL 3796393 (2d Cir. 2013) (remanded for resentencing where district court applied the maximum sentence without explaining its analysis and where significant mitigating factors existed), United States v. Flores, ___ F.3d. ___ 2013 WL 3957751 (9th Cir. 2013) (finding that there was insufficient evidence to support a sentencing enhancement for use of a minor in a drug trafficking crime), United States v. Garcia, 587 F.3d 509 (2d Cir. 2009) (guilty plea to money laundering vacated on the basis of the Supreme Court’s Cuellar decision); Cotto v. Herbert, 331 F.3d 217 (2d Cir. 2003) (court overcame a procedural bar to find that habeas petitioner was unconstitutionally denied his right to cross-examination); United States v. Graziano, 616 F. Supp. 2d 350 (E.D.N.Y. 2009) (conviction on top count of arson indictment vacated after trial, thus removing defendant’s exposure to a 30-year mandatory minimum sentence); and People v. Hull, 71 A.D.3d 1336 (N.Y. App. Div. 2010) (murder conviction vacated based on gunsmith’s expert affidavit that weapon could have discharged accidentally).