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Benjamin Ostrer

Benjamin Ostrer

Ostrer & Associates, P.C.
  • Criminal Law, Personal Injury, Appeals & Appellate...
  • New York
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Summary

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.

Practice Areas
  • Criminal Law
  • Personal Injury
  • Appeals & Appellate
  • DUI & DWI
  • White Collar Crime
Additional Practice Areas
  • Complex Civil Litgation
  • Violent Crimes & Sex Offenses
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
  • 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;
Jurisdictions Admitted to Practice
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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Languages
  • English: Spoken, Written
Professional Experience
Principal
Ostrer & Associates, P.C.
- Current
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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Education
New York Law School
J.D.
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New York Law School Logo
Alfred University
B.A.
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Honors: Phi Sigma Iota,
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Awards
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
Top 25 Hudson Valley Superlawyers 2012
Superlawyers
The only Orange County Attorney named to the Top 25 list.
Empire State Counsel
New York State Bar Association
Pro Bono Service during 2011; represented indigent Saratoga County defendant in (successful) application to vacate 12 year old homicide conviction.
Top 25 Hudson Valley Superlawyers 2011
Superlawyers
The only Orange County Attorney named to the Top 25 list.
New York - Upstate Super Lawyer - Criminal Defense
Superlawyers
New York - Upstate Super Lawyer -- Criminal Defense
Super Lawyers
Empire State Counsel
New York State Bar Association
State Bar Association recognition for Pro Bono service during 2008; represented indigent defendant accused of shaken baby homicide in Ulster County - obtained not guilty verdict on all counts
Professional Associations
New York State Association of Criminal Defense Lawyers
President
- Current
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New York State Association of Criminal Defense Lawyers
President
- Current
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New York State Association of Criminal Defense Lawyers
President Elect
- Current
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New York State Association of Criminal Defense Lawyers
First Vice President
- Current
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Legal Aid Society of Orange County
Board Member
- Current
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Legal Aid Society of Orange County
Director
- Current
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Publications
Articles & Publications
Crime Lab Science - A look behind the curtain
NYSACDL ATTICUS Vol 24 number 2
Websites & Blogs
Website
Website
Legal Answers
6 Questions Answered

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.
Q. I got a trespass violation PL 140.05 eventhough I had already left the place and I am not sure how to proceed with this.
A: Did the lady refund your money? It doesn't sound like a trespass particularly if it was open to the public. You should be able to get the charge resolved. Since you entered lawfully and left after requested to do so. As the charge is a violation, you should be able to resolve it by speaking to the prosecutor at the local justice court. You can call the court to find out the name of the assigned prosecutor and contact him prior to the court date. If you feel unable to do this, speak to an experienced lawyer in your area.
Q. How can I drop charges and still keep an order of protection?
A: The District Attorney can require an order of protection even where a matter is adjourned in contemplation of dismissal ("ACD").
Q. Can I seal a UPM charge in New York State if I plead guilty to it at the time?
A: When someone originally charged with a crime (felony or misdemeanor) resolves the case with a violation or "petty offense" CPL 160.55 requires that fingerprint records and law enforcement records relating to the case be sealed however court records are not sealed. Where the charges are dismissed or the result of an acquittal the court records are sealed. CPL 160.50(1) with 160.55(1)( c). Aside from Criminal Procedure Law, Judges have the inherent authority to seal court records including records in criminal cases when they find appropriate grounds to do so. In the absence of a judge's order expressly sealing a criminal case file, the courts will seal only in cases of acquittals or dismissals.
Q. Been accused for setting up a fire in a college dorm What should I do and what will they do next?? Can they arrest me?
A: You should consult with an experienced criminal attorney in your area. You have a right to decline to discuss the matter with law enforcement since they have adopted an accusatory posture. If the police believe they have enough evidence they can arrest you, but in my experience they will likely seek to obtain an admission from you or need some circumstantial proof of a crime. You should avoid speaking to anyone about the matter until you retain counsel
Q. I was charged with attempted burglary in the 2nd degree what could be my sentence
A: Assuming this is your first offense, burglary in the second degree is treated as a violent felony offense and is therefore an extremely serious charge. For a person with no criminal convictions the minimum is 3 1/2 years in state prison. The maximum is 15 years. State prison is mandatory for a violent felony. You should contact an experienced attorney in your area.
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Contact & Map
111 Main Street
P.O. Box 509
Chester, NY 10918
USA
Telephone: (845) 469-7577