THE ABBATOY LAW FIRM, PLLC
APELLATE ADVOCACY IN NEW YORK STATE AND FEDERAL COURTS
David M. Abbatoy, Jr., Esq.
David Abbatoy concentrates his practice exclusively in appeals and post-verdict actions. In nearly 20 years of practice, he has litigated hundreds of appeals and related actions in criminal, civil, and family law cases in state and federal courts across New York State. David has litigated countless actions seeking to overturn the convictions of individuals wrongly convicted of crimes. He has litigated appeals in every Appellate Division and at the Court of Appeals. He has argued on behalf of clients at the Second Circuit Court of Appeals. He has represented clients in numerous federal habeas corpus cases. He has also sued local police agencies and public officials for civil rights violations against his clients. David is a member of the bar of the Supreme Court of the United States and has filed numerous petitions for certiorari in that court.
David has successfully gained appellate reversals in virtually every type of criminal case, including homicide trials, major felony cases, and misdemeanor convictions in numerous counties across the state. He has also been successful in obtaining new trials for individuals wrongfully accused of crimes through pre-sentencing and post-conviction motions. David has won various civil rights cases on appeal and through negotiation with local police agencies. While most of David's practice arises out of criminal cases, over the years, David has also won a number of civil appeals, including victories in personal injury litigation, family court and matrimonial cases, and land use conflicts.
David is the current editor and author of the criminal and family court appeals chapters contained in the LexisNexis treatise entitled, New York Appellate Practice. He has also served on the New York State Bar Association Committee to Ensure Quality Mandated Representation. From 2013-2014, David was invited to serve on the New York State Indigent Legal Services Committee to Improve Appellate Representation, the body responsible for drafting the original version of the state's Appellate Standards and Best Practices for indigent appellate defense.
David has frequently been asked to present lectures at Continuing Legal Education Programs regarding the use of scientific evidence and technology at criminal trials. He has presented lectures across New York State instructing others on how to challenge the use of firearm identifications and other junk science at trial. He has also presented topics related to the use of intercepted electronic communications and has instructed on methods for challenging psychological evidence presented at civil and criminal trials.
David is a lifelong resident of Western New York. He grew up in Buffalo, attended public school there, and graduated from SUNY Geneseo. In 2003, David graduated from the University at Buffalo School of Law and began private practice in Buffalo under the mentorship of a retired Appellate Division judge. After that, David moved to Rochester to serve in the appeals unit of the Monroe County Public Defender's Office. In 2011, David went into private practice, representing individuals in appeals and post-verdict actions.