- Criminal Conviction
- Murder in Second Degree ( Class. A Felony)
- Possession Of Weapon in Second Degree
- Possession Of Weapon in third degree
- Immigration Jurisdiction : Immigration Court Fishkill NY
Mr. Robinson was high school student who was suffering from schizophrenia. Due to his mental illness he was bullied by a school mate . The school mate often would physically strike Mr. Robinson in the face to the point he had bruises in his face . Mr. Robinson would often pretend to be sick just to avoid going to school so he can avoid the bully . Mr . Robinson’s best friend hands him a handgun . His best friend advises him to pull the trigger of the gun next time the bully attacks . Under Ill advise of his best friend Mr. Robinson who was again attacked one day by the bully to prevent harm pulls the trigger and the bully is seriously wounded and subsequently dies.
Mr. Robinson was charged with murder and possession of weapon . The NY prosecutor office taking into account Mr.Robinson’s mental condition offer him 5 years plea deal . Mr.Robinson’s previous counsel at the time rather than accepting the 5 year plea refuse the plea deal advise the family to go to trial . At trial his lawyers one who was actually disbarred many years later and the other passed away due to Covid did NOT produce a single witness to defend Mr. Robinson. Mr, Robinson was found guilty and the judge sentenced him to life in prison. The family was devastated . They spent 100’s of thousands on lawyers to help their schizophrenic son become free . All the Appeals were exhausted including NY court Of Appeals with negative results.
Additionally because Mr. Robinson only had a green card NOT a U.S citizen the immigration authorities placed him in removal proceedings and subsequently he was ordered removed by immigration judge .
But obviously because of the murder conviction he had to serve life sentence in prison so his removal order was moot.
A priest in Uptown NYC referred the family to Mr. Davar Yusufi. After Mr.Davar Yusufi examined the record thoroughly all the appeals being exhausted chances of success was Very weak . Most Criminal Attorneys would tell you that when a person is found guilty by jury trial in NYS chance of reopening the case at trial level is very unlikely.
As such Mr.Davar Yusufi decided to visit Mr. Robinson in Sullivan county Prison facility in upstate NY.
Mr. Robinson throughout the interview was shedding tears and all he said was “ He did NOT know what he was doing by pulling the trigger “ and that he just wanted to be with his family.
Mr. Davar Yusufi along with the help of his associates had to do something to reunite Mr. Robinson with his family..
Fortunately , they came up with the idea to conduct an investigation and locate the witnesses including the school mate who handed Mr. Robinson the handgun . After months of investigation they were able to locate the witnesses in Dominican Republic. The witnesses voluntarily gave affidavits under oath as to the circumstances of the shooting. As such Mr. Davar Yusufi Drafted a 440 motion to reopen the criminal conviction at trial level on grounds of Ineffective Assistance Of. Counsel, on grounds of additional evidence ( that Mr. Robinson’s mental condition was deteriorating in prison ), and Witness Affidavits .
At the time Mr.Davar Yusufi was working with another counsel due to the fact that litigation became very complicated . After a year of litigation the NY prosecutors decided to agree to early parole deportation only.
Luckily , Mr.Robinson’s family resided in Dominican Republic at the time. However , it was still not an easy task to set Mr.Robinson free because the NYS parole board had to be convinced that Mr. Robinson was rehabilitated and was fit to be released to U. S immigration Authorities.
After months of negotiations with the parole Board they finally agreed to release Mr.Robinson to Immigration Authorities.
Mr.Davar Yusufi successfully facilitated the process of having Immigration authorities agree to pick up Mr. Robinson from Sullivan county correctional facility and remove him to Dominican Republic.
Finally, Mr.Robinson rather than spending his life in prison in NYS was Free and was reunited with his family in Dominican Republic.