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Mark Andrew FotiAttorney-at-lawMark Foti, Esq. is a general practitioner, primarily focused on criminal defense litigation. He has handled thousands of criminal cases. He is an attorney experienced in obtaining favorable plea bargains and defending clients at trial when an acceptable agreement cannot be reached.
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NOTABLE CASES
People v. P.G. Outcome: Not Guilty of all charges Description: One-week felony jury trial in Monroe County Supreme Court. Defendant faced a possible life sentence. The jury deliberated for approximately one hour before acquitting the defendant of all charges. People v. T.L. Outcome: Not Guilty of all charges Description: Jury trial in Monroe County Justice Court for charges of Assault. Defendant was acquitted of all charges after trial. People v. A.G. Outcome: Not Guilty of all charges Description: One-week violent felony jury trial in Monroe County Supreme Court for charges of Criminal Possession of a Weapon in the Second Degree. Defendant faced up to fifteen years in prison. The jury deliberated for approximately twenty minutes before acquitting the defendant of all charges. People v. T.J. Outcome: Not Guilty of all charges Description: DWI Bench Trial in a Monroe County Justice Court. Acquitted on all charges including the DWAI traffic infraction. People v. T.K. Outcome: Not Guilty of DWI, convicted of traffic infraction only Description: DWI Bench Trial in a Monroe County Justice Court involving a motor vehicle accident. Acquitted of DWI, and only convicted of the lesser violation of DWAI. People v. D.B. Outcome: Not Guilty of all charges Description: Defendant charged with two counts of Criminal Possession of a Weapon in the Second Degree for allegedly possessing two handguns inside a motor vehicle. Following a trial in Monroe County Court, the defendant was found Not Guilty. People v. M.T. Outcome: Trial Order of Dismissal Granted / Case dismissed at trial Description: Jury trial in Orleans County Court for charges including the violent felony of Robbery in the First Degree alleging the robbery of a pizza delivery boy. Defendant faced up to 25 years in state prison. Following the prosecution’s presentation of witnesses, Mr. Foti made a motion for a Trial Order of Dismissal based on the insufficiency of the evidence. The Judge granted the motion, and the charge was dismissed. People v. E.M. Outcome: Not Guilty of DWI, convicted of traffic infractions only Description: DWI charges in Greece Town Court. Blood alcohol test was alleged to be .14. At trial, issues were addressed regarding the validity of the breath test and inconsistencies in the statements of the witnesses. Client was acquitted of DWI and only convicted of the lesser included violation. People v. E.R. Outcome: Case dismissed following motion arguments Description: Criminal marijuana possession charge in Rochester City Court. Offer by the prosecution was 30 days in jail. After motion arguments, motion to dismiss the accusatory instrument was granted. People v. W.R. Outcome: Trial Order of Dismissal granted / Case dismissed Description: Jury trial in Rochester City Court for a NY State Tax Law criminal charge alleging the unlicensed sale of untaxed cigarettes. Following the prosecution’s presentation of witnesses, motion was made for a Trial Order of Dismissal based on the insufficiency of the evidence. The Judge granted the motion, and the charge was dismissed. People v. J.B. Outcome: Not Guilty of all charges Description: Client was charged with Resisting Arrest, Obstructing Governmental Administration in the Second Degree, and Disorderly Conduct. Case went to a jury trial in Rochester City Court. Following cross examination of the arresting officer, the presentation of a defense witness, and closing arguments, the jury deliberated for less than a half-hour and returned a verdict of Not Guilty on each charge. People v. C.K. Outcome: Not Guilty of all charges Description: Client charged with misdemeanor marijuana possession charge. At trial, it was successfully established that the physical evidence was inconsistent with the police officer’s testimony. Full acquittal after trial. People v. T.W. Outcome: Not Guilty of all charges Description: Defendant charged with Criminal Possession of a Weapon in the Fourth Degree. Following a trial in a town court within Monroe County, the defendant was found Not Guilty. People v. A.A. Outcome: Not Guilty of all charges Description: Lead counsel at a criminal jury trial in the Town of Riga. Eight misdemeanors charged under the NY Agriculture and Markets Law. The jury found Mr. Foti's client Not Guilty on all charges. People v. N.C. Outcome: Acquitted of DWI after trial, convicted of traffic infractions only Description: Client was charged with DWI in Gates Town Court; breath test was more than 50% over the legal limit. Successfully challenged the evidence at trial, and client was acquitted of the criminal charges. People v. M.B. Outcome: Not Guilty of all charges Description: Jury Trial in Rochester City Court. Criminal Mischief in the Fourth Degree. Criminal charge carried one year maximum penalty. The government presented four witnesses, including two alleged eyewitnesses and a police officer. Jury found the defendant NOT GUILTY. People v. E.B. Outcome: Charges were dismissed after motion arguments Description: Defendant was charged with DWI in a Town Court in Monroe County. Motions were filed to dismiss the charges based on defective accusatory paperwork. Motion was granted and all charges were dismissed. |
RELEVANT AWARDS
Super Lawyers Rising Star - Thomson Reuters (x6), 2015 - 2020 Ten Best Under Forty in NY for Client Satisfaction - American Institute of Criminal Law Attorneys, 2015 Top 10 Criminal Defense Attorneys Under 40 In NY - National Academy of Criminal Defense Attorneys, 2014 Best Advocate Award - National Trial Competition, 2009 James M. Kieffer Trial Excellence Award, 2009 Robert J. Connelly Trial Technique Award, 2008 SUNY Buffalo Law Faculty Award, 2008 SPEAKING ENGAGEMENTS Forensic Law, SUNY Brockport - Adjunct Professor, 2017-Present DWI Litigation: Driving While Intoxicated, Monroe County - Instructor, 2014 DWI Litigation: Taking on the Breath Test, Livingston County - Instructor, 2013 Sophomore Seminar, Saint John Fisher College - Guest Speaker, 2012 DWI & DMV Consequences, Ontario County - Instructor, 2012 DWI & DMV Consequences Multiple DWI Offenses: Relicensing and Collateral Consequences at the NYS Department of Motor Vehicles, Monroe County - Instructor, 2012 Sophomore Seminar, Saint John Fisher College - Guest Speaker, 2011 Trial Advocacy, SUNY Buffalo Law School - Instructor, Fall 2009 ASSOCIATIONS Monroe County Bar Association (MCBA)
New York State Bar Association (NYSBA)
Monroe County Crime Lab Advisory Panel - Defense Bar Rep New York State Association of Criminal Defense Lawyers - Life Member |
Contact Mark
Call the office at 585-461-1999 or fill out the form to be contacted by Mark.