Wednesday, January 30, 2013


Michael Pollok
Criminal Defense Law Blog


Contact Information

Michael S. Pollok, Esq.
Of Counsel
Marvin and Marvin, PLLC
6369 Mill Street
PO Box 151
Rhinebeck, New York 12572

T:  (845) 876-3024
F:  (845) 876-5622
C: (845) 853-2292     

Legal Assistant
Lisa Corrado-Walsh


Professional Experience

Michael has been litigating in local, state and federal courts since 1993. Prior to moving to the Hudson Valley in 2005, he worked as counsel to small and mid-sized law firms in Manhattan.  Michael focuses his practice on criminal defense including DWI/DUI and entertainment law through the representation of musicians, artists, actors and media technicians who work in the arts.

In addition to litigating in the trial courts, Michael routinely writes briefs and argues appeals in the New York State and Federal appellate courts and is known for his innovative legal arguments and research abilities.  Michael has extensive experience investigating and litigating post-conviction motions in both the New York and Federal courts including cases with immigration consequences related to a criminal conviction.

Michael is “AV Peer Rated” by Martindale-Hubbell and admitted to practice in all courts in the State of New York and the Federal Courts in the Northern, Southern and Eastern Districts of New York, the District of Connecticut, the First and Second Circuit Courts of Appeal and in the United States Supreme Court.


Associations

Michael’s bar memberships include the New York State Bar Association, (Criminal Justice Section and the Entertainment, Arts and Sports Law Section), the National Association of Criminal Defense Lawyers, the American Bar Association and the Dutchess County Bar Association.  He is a former member of the New York City Bar Association where he sat on the Criminal Law Committee. Michael has served on the New York State Court of Appeals Pro Bono Panel, The Appellate Division, First Department’s Assigned Counsel Plan, and the Criminal Justice Act Panel for the U.S. Court of Appeals, Second Circuit.  In 2005, Michael was honored with a Proclamation from the New York City Council in recognition of his years of pro bono representation of indigent clients in New York City.

Education

B.A., Political Science, The George Washington University
M.A.T., History and Social Science, Bard College
J.D., St. John’s University School of Law

Community Involvement

Michael is active in his support of education and the arts and is a former board member of the Rhinebeck Theatre for the Performing Arts.  He is a licensed social science teacher and provides lectures in criminal law and procedure at local colleges and high schools and he continues to represent needy clients on a pro bono basis. Michael enjoys travel, theatre and film, skiing, hiking and camping in the Hudson Valley, studying history and sailing on the Hudson River with his family and friends.

Practice Areas

  • DUI/DWI
  • Criminal Law Defense
  • Post Conviction Motions
  • Entertainment and the Arts
  • Assault and Battery
  • Burglary
  • Capital Offenses
  • Civil Forfeiture
  • Crime Victims Compensation
  • Criminal Antitrust
  • Criminal Appeals
  • Criminal Conspiracy
  • Criminal Defense
  • Criminal Forfeiture
  • Criminal Fraud
  • Criminal Investigation
  • Criminal Prosecution
  • Death Penalty
  • Drivers License Suspension
  • Driving While Intoxicated
  • Electronic Surveillance
  • Expungements
  • Extortion
  • Extradition
  • Federal Criminal Law
  • Felonies
  • Forensic Accounting
  • Forensic DNA
  • Wiretapping
  • Forensic Medicine
  • Forensic Science
  • Forgery
  • Grand Jury Practice
  • Habeas Corpus
  • Hit and Run
  • Homicide
  • International Criminal Law
  • International Extradition
  • Mail Fraud
  • Malicious Prosecution
  • Manslaughter
  • Misdemeanors
  • Money Laundering
  • Murder
  • Parole and Probation
  • Post-Conviction Remedies
  • Search and Seizure
  • Sex Crimes
  • Sexual Assault
  • Shoplifting
  • Stalking
  • Theft
  • Traffic Violations
  • Vehicular Homicide
  • Victims Rights
  • Weapons Charges
  • Wire Fraud

Published Cases

People v. Allen, 18 N.Y.3d 888, 939 N.Y.S.2d 758 (Court of Appeals, N.Y. August 8, 2012)People v. Valentine, 34 Misc.3d 143(A), 950 N.Y.S.2d 493 N.Y.Sup.App.Term, January 20, 2012Pena v. U.S., 534 F.3d 92, 2008 WL 2789499, C.A.2 (N.Y.), July 21, 2008 U.S. v. Brown, 514 F.3d 256, 2008 WL 239055, C.A.2 (N.Y.), January 30, 2008 U.S. v. Gagliardi, 506 F.3d 140, 2007 WL 3051906, C.A.2 (N.Y.), October 22, 2007 U.S. v. Abiodun, 442 F.Supp.2d 88, 2006 WL 2092468, S.D.N.Y., July 20, 2006 People v. Fisher, 22 A.D.3d 358, 803 N.Y.S.2d 45, 2005 WL 2667345, 1st Dept October 20, 2005People v. Loadholt,19 A.D.3d 235, 798 N.Y.S.2d 13 1st Dept., June 21, 2005People v. Manzullo,14 A.D.3d 717, 789 N.Y.S.2d 246, N.Y.A.D. 2 Dept., January 31, 2005Doe v. Menefee, 391 F.3d 147, 2004 WL 2633317, C.A.2 (N.Y.), November 19, 2004 U.S. v. Alameh, 341 F.3d 167, 2003 WL 21994730, 62 Fed. R. Evid. Serv. 327, C.A.2 (N.Y.) 2003Doe v. Menefee,49 Fed.Appx. 340, 2002 WL 31388992, C.A.2 (N.Y.), October 22, 2002People v. Rivera, 281 A.D.2d 190, 721 N.Y.S.2d 525, 2001 WL 225754, March 06, 2001People v. Jaafar,276 A.D.2d 272, 714 N.Y.S.2d 17, N.Y.A.D. 1st Dept., October 05, 2000People v. Barrow, 270 A.D.2d 189, 705 N.Y.S.2d 224, N.Y.A.D. 1st Dept., March 28, 2000Ellerby v. U.S., 201 F.3d 431, 1999 WL 1212482,C.A.2 (N.Y.), December 15, 1999Abbamonte v. U.S., 73 F.Supp.2d 430, 1999 WL 1000927, S.D.N.Y., November 03, 1999 U.S. v. Orefice, 1999 WL 349701, S.D.N.Y., May 27, 1999Abbamonte v. U.S., 160 F.3d 922, 1998 WL 808461, C.A.2 (N.Y.), November 23, 1998Ellerby v. U.S.,187 F.3d 257, 1998 WL 1094951, C.A.2 (N.Y.), October 28, 1998People v. Yancey, 247 A.D.2d 561, 668 N.Y.S.2d 481, N.Y.A.D. 2d Dept., February 17, 1998M.G. v. Travis, 236 A.D.2d 163, 667 N.Y.S.2d 11, 1997 WL 755643 N.Y.A.D. 1 Dept., December 09, 1997 U.S. v. Pelensky,129 F.3d 63, 1997 WL 564216, C.A.2 (N.Y.), September 12, 1997U.S. v. Ellerby, 116 F.3d 1472, 1997 WL 346168, C.A.2 (N.Y.), June 24, 1997People v. Dumas, 240 A.D.2d 1015, 660 N.Y.S.2d 784, 1997 WL 337820, N.Y.A.D. 1 Dept., June 12, 1997People v. Vargas, 240 A.D.2d 1015, 659 N.Y.S.2d 823, 1997 WL 328556, N.Y.A.D. 1 Dept., June 10, 1997U.S. v. Malpeso, 115 F.3d 155, 1997 WL 289705, 47 Fed. R. Evid. Serv. 572, C.A.2 (N.Y.), June 03, 1997U.S. v. Pipola, 83 F.3d 556, 1996 WL 233139, 44 Fed. R. Evid. Serv. 456, C.A.2 (N.Y.), April 29, 1996 U.S. v. Pipitone, 67 F.3d 34, 1995 WL 580846, C.A.2 (N.Y.), October 03, 1995U.S. v. Altman, 48 F.3d 96, 1995 WL 67605, C.A.2 (N.Y.), February 16, 1995U.S. v. Millan, 4 F.3d 1038, 1993 WL 335139, C.A.2 (N.Y.), September 01, 1993People v. Lemaire, 187 A.D.2d 532, 589 N.Y.S.2d 919, 1992 WL 324131, 2 Dept., November 09, 1992People v. Stewart, 178 A.D.2d 448, 577 N.Y.S.2d 416, 1991 WL 257633, 2 Dept., December 02, 1991People v. Adams, 177 A.D.2d 699, 576 N.Y.S.2d 1011, 1991 WL 261790, 2 Dept., November 25, 1991People v. Dixon, 176 A.D.2d 957, 575 N.Y.S.2d 786, 1991 WL 225834, N.Y.A.D. 2 Dept., October 28, 1991.

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