Principal attorney with Ostrer & Associates, P.C. the successor firm to Ostrer & Hoovler, P.C. located in Chester, New York. The practice handles criminal defense, complex litigation and personal injury matters. Ben is the 2016 recipient of the New York State Bar Assn. Charles Crimi Memorial Award as the outstanding private criminal defense attorney in New York. He was honored by NYSBA for his pro bono work in 2018. He has obtained not guilty verdicts in serious felony cases and has an AV rating from Martindale Hubbel as well as a top 25 in the Hudson Valley rating by Superlawyers. He has obtained not guilty verdicts in a variety of criminal matters including homicide, violent felonies, white collar crimes and sex offenses. He has tried numerous civil cases to verdict including personal injury and complex civil matters. Ben has successfully argued appeals in the New York State Court of Appeals and United States Court of Appeals as well as the Appellate Divisions of New York State Supreme Court. He is a frequent lecturer at continuing legal education programs in New York. Ben is a past or esident of the New York State Assn of Criminal Defense Lawyers [NYSACDL] the largest criminal defense bar association in New York State. He is a Director of the Legal Aid Society of Orange County, N.Y. His former partner David Hoovler was sworn in as the District Attorney of Orange County on January 1, 2014.
- New York Law School
- J.D.
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- Alfred University
- B.A.
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- Honors: Phi Sigma Iota,
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- Principal
- Ostrer & Associates, P.C.
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- Partner
- Ostrer & Hoovler, P.C.
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- Partner
- Ostrer Rosenwasser LLP
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- Principal
- Benjamin Ostrer & Associates
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- Crime Lab Science - A look behind the curtain
- NYSACDL ATTICUS Vol 24 number 2
- Pro Bono Volunteer of the Year
- New York State Bar Association Department of Pro Bono Affairs
- Super Lawyer Upstate New York
- Superlawyers
- Charles F. Crimi Memorial Award
- New York State Bar Association Criminal Justice Section
- Outstanding Private Criminal Defense Attorney
- Superlawyer New York Upstate
- Superlawyers
- Top 25 Hudson Valley 2013
- Super Lawyers
- New York State Association of Criminal Defense Lawyers
- President
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- New York State Association of Criminal Defense Lawyers
- President
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- New York State Association of Criminal Defense Lawyers
- President Elect
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- New York State Association of Criminal Defense Lawyers
- First Vice President
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- Community Legal Aid SoCal
- Board Member
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- Legal Aid Society of Orange County
- Director
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- New York
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- 2nd Circuit
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- U.S District Court So. Dist. N.Y.
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- U.S. District Court E.D. N.Y.
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- Free Consultation
- Credit Cards Accepted
- Contingent Fees
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Rates, Retainers and Additional Information
civil, criminal and appellate matters handled on negotiated fee or hourly basis; personal injury matters are accepted on a contingent fee;
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- DUI & DWI
- White Collar Crime
- Complex Civil Litgation
- Violent Crimes & Sex Offenses
- English: Spoken, Written
- Q. 3rd time asking, no replies yet. Have expunged marijuana coviction. What do I answer when asked "ever been convicted?"
- A: You can truthfully answer that you have not been convicted if your disposition was expunged. However, there are applications such as a pistol permit and certain employment where the permit officer or HR office should be consulted. Some require disclosure of all cases even those that were adjourned in contemplation of dismissal, expunged or sealed. If your conviction was "sealed" Members of the public (including private employers or housing agencies) will not have access to your record of a sealed conviction. The following entities will be able to see the sealed conviction/prosecution: Federal, state, and local law enforcement, Courts in the unified court system, Probation departments; Sheriffs’ offices, District attorneys’ offices & most law enforcement and professional conduct boards;
- Q. Can I got to jail for my 1st gun possession in New York.
- A: Criminal Possession of a Weapon in New York has a number of different sections. For misdemeanor possession (in your home without a prior criminal conviction) CPW 4th degree would not require a jail sentence. CPW 2nd degree (possession of an operable handgun outside of your residence or business) is a "C" violent felony with a mandatory prison sentence for even a first offense. You should consult with an experienced attorney in your area.
- Q. I have been told that I will be served a subpoena to testify as a witness in a criminal case if I never receive the
- A: You do not have to appear if you do not receive a subpoena. A witness must be served a “reasonable” amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing. Assuming you are served, it sometimes is advisable to contact the issuer of the subpoena to confirm you are needed as many subpoenas are issued for the commencement date of a hearing or trial and not all witnesses are required on that date. You should make a record of the date and time you are served.
- Website
- Website