Some Recent Results from Levitt & Kaizer: Sentence Reductions

As part of our varied criminal defense practice we represent many clients seeking sentencing reductions, the success of which often depends on a firm knowledge of the relevant law, creative thinking and dogged determination. Here's a few recent examples:

On October 2, 2026, the Hon. James R. Davis, Saratoga County Court, granted our motion under CPL § 440.20, in People v. Trinci, vacating our client's consecutive sentences upon convictions under P.L. §§ 120.25 (Reckless Endangerment in the First Degree) and  145.10 (Criminal Mischief in the Second Degree), and resentenced him to concurrent sentences, agreeing that pursuant to P.L. § 70.25, the sentences should have been imposed concurrently because the acts resulting in the two convictions were not shown to be "separate and distinct." The court's ruling required that defendant's consecutive one-and-one-half to four year sentence be vacated and instead be re-imposed concurrently to his two-and-one-half to seven year sentence. Mr. Trinci initially came to Levitt & Kaizer seeking assistance with a medical parole application, but we Mr. Trinci, decided to investigate the legality of the conviction as an alternative means to relief and discovered the illegal sentence. We then presented the case to the DA’s office and secured its consent to the motion, even though Mr. Trinci discharged a firearm at an un-occupied police building. Mr. Trinci was represented by Levitt & Kaizer partner Zach Segal.

On October 1, 2026, Judge Lorna G. Schofield, Southern District of New York, granted our compassionate release application in United States v. Cheema by reducing our client’s 48 month sentence to time served followed by terminating his period of supervision on October 13. Mr. Cheema’s son contacted Levitt & Kaizer on September 8 after learning his father suffered a stroke while in prison on September 1. We immediately collected the relevant facts from the BOP and within 24 hours submitted a request for a reduction in sentence to the client’s facility, FCI Otisville. We then made contact with the prosecution to notify it of our forthcoming motion, which was filed the following week. We maintained constant contact with prison officials to ensure that we and the family received timely information since only prison officials could communicate with our client’s medical team. Within a week of filing in court, we learned FCI Otisville recommended granting compassionate release. We kept the prosecution appraised of medical developments and two days before its response was due, we were informed that the prosecution was consenting to our motion. The court granted the compassionate release motion a few days later. Through our relationships with the BOP, we ensured the order was timely processed, and our client’s family was finally able to visit him at a hospital two days after the order was issued. We kept up with our client’s medical situation and secured the prosecution and probation’s non-opposition to terminating our client’s five year term of supervised release. Within five weeks, Levitt & Kaizer secured our client’s release from imprisonment and term of supervision. Mr. Cheema was represented by Levitt & Kaizer partner Zach Segal.

On July 22, 2026, the Hon. Joan M. Azrack (E.D.N.Y.) granted our application for a reduction in sentence made on behalf of a Levitt & Kaizer client. Our client initially contacted Levitt & Kaizer partner, Zach Segal, about a possible compassionate release motion (18 U.S.C. § 3582(c)(1)(A)). Upon review of the relevant documents, we learned our client had not received a two-point zero point offender guideline deduction at his sentencing, so we sought a sentence reduction under 18 U.S.C. § 3582(c)(2) because, for various reasons, we determined it offered him the best chance of relief. This was a long and hard fought battle for our client, whose sentence has now, thankfully, been reduced to time-served. He will now be able to get the much needed medical care previously unavailable to him while in BOP custody. Our client was represented by Levitt & Kaizer partner Zach Segal, who has obtained relief under 18 U.S.C. § 3582(c) for numerous deserving clients.

On May 26, 2026, the Hon. Stephen H. Locher, SDIA, granted our application for compassionate release made on behalf of Levitt & Kaizer client Samuel Abikzer, based largely on Mr. Abikzer's medical condition and his rehabilitation, reducing his sentence from 144 months to 84 months. We are gratified and confident that Mr. Abikzer, who will shortly be released, will finally get much needed medical care that was not available to him in his BOP facility. Mr. Abikzer was represented by Levitt & Kaizer partner Zach Segal, who has obtained relief under 18 U.S.C. § 3582(c)(1)(A) for numerous deserving clients.

If you believe you or your client may be entitled to a sentence reduction, give us a call to discuss your case.

Richard Levitt

Levitt & Kaizer

(212) 480-4000