Benjamin Ostrer

Benjamin Ostrer

Attorney Profile

Top Rated Criminal Defense Attorney in Chester, NY

Ostrer & Associates, P.C.
 | 111 Main Street, Chester, NY 10918
Phone: 845-469-7577
Fax: 845-469-8690
Selected to Super Lawyers: 2009 - 2019
Licensed Since: 1977
Education: New York Law School
Practice Areas:
  • Criminal Defense (50%),
  • Personal Injury - General: Plaintiff (30%),
  • Appellate (20%)
Attorney Profile

Benjamin Ostrer has gained a reputation as one of the premier criminal defense attorneys in the Hudson Valley, obtaining acquittals in complicated homicide, manslaughter, and sex offense cases.  Ben has also litigated complex civil matters and has tried numerous cases to verdict. He is admitted in New York State, U.S. District Courts, and the Second Circuit Court of Appeals. Ben has successfully argued criminal and civil appeals in both State and Federal Courts including the Second Circuit. In 2016-17 he obtained reversal by the Appellate Division 2nd Department of a $626,000 sanction against a client and reversal of a multiple count drug & weapon conviction and 30+ year sentence by the Appellate Division 3rd Department. In 2014-15 he obtained dismissal during pre-trial hearings of murder charges against man accused in the shooting death of an escaped alleged rapist. In 2013 he obtained a reversal before the New York State Court of Appeals in Jenack v. Rabizadeh involving a issue relating to the identity of auction consignors. Ben was the recipient of the New York State Bar Association Criminal Justice Section's Charles Crimi Award as the Outstanding Private Criminal Defense Attorney in 2016;  He is also one of two individual recipients of the New York State Bar Association's  Outstanding Pro Bono Volunteer Award, presented during the New York City annual convention in January, 2018. 

About Benjamin Ostrer

Admitted: 1977, New York

Professional Webpage:


  • Award as the Outstanding Private Criminal Defense Attorney in New York State , Charles F. Crimi Memorial Award, New York State Bar Association, 2016
  • Recognized for pro-bono defense of man accused of homicide in death of 10 month old due to "shaken baby syndrome" - obtained not guilty jury verdict on all charges in Ulster County Court.  March, 2008;, Empire State Counsel , New York State Bar Association, 2009

Bar/Professional Activity:

  • President New York State Association of Criminal Defense Lawyers 2013; President Elect 2012;  Director Orange County Legal Aid Society;  Editor ATTICUS Magazine 2010-2014 :

Pro bono/Community Service:

  • Honored by New York State Bar Association as one of two individual Empire State Counsel® honorees at the annual Justice for All Luncheon.   Named as one of the Outstanding Pro Bono Volunteers;  Presentation at the Justice for All Luncheon during NYSBA’s Annual Meeting on January 25, 2018 the Hilton Midtown, NYC., 2018
  • Empire State Counsel , 2015
  • Empire State Counsel NYSBA, 2011
  • Empire State Counel NYSBA, 2009

Scholarly Lectures/Writings:

  • Lectured at Hudson Valley CLE sponsored by New York State Assn of Criminal Defense Lawyers on new developments and fundamentals of DNA evidence.  Lecture included ethical considerations of DNA evidence presentation., Lecturer, DNA for Criminal Defense Lawyers, NYSACDL October 2017 Seminar New Paltz, N.Y., 2017
  • Co-lecturer with Jessica Goldthwaite on methods of cross examination of DNA lab analysts and current topics relating to DNA evidence., Co-lecturer, Crossing the DNA Analyst, Spring Public Defense Trainer CLE, Albany, New York State Bar Association, 2016
  • 2014 Cross to Kill Seminar at Borough of Manhattan Community College; Co-presenter with Dr. Mark L. Taff MD on cross examination of the Medical Examiner;, Lecturer, Cross Examination of the Medical Examiner, New York State Assn Of Criminal Defense Lawyers, 2014
  • Atticus Magazine,  Volume 24 issue 2 Summer 2012; Analysis of crime lab failures and the inadequacy of oversignt of crime lab performance., Crime Lab Science a look behind the Curtain, New York State Assn Of Criminal Defense Lawyers, 2012
  • Cross examination of lab scientists, Lecturer, Cross to Kill CLE Seminar - St. Francis College, 2012
  • Presenter - Understanding DNA Rosario material, Brockport - NYSACDL December 3-4, 2010 DNA Evidence CLE, 2010
  • Lecture on cross-examination and review of DNA evidence, Lecturer, Buffalo Super Star CLE Seminar, NYSACDL
  • Lecturer, DNA Guide NYSACDL
  • Lecturer, Murder Mayhem Seminar - Shaken Baby Defense
  • Instructor, DNA Evidence at Trial CLE


  • Kurtzman v. Shapiro 149 A.D.3d 1117  Obtained Reversal and vacated a $626,000.00 sanction imposed by trial court.  , 2017
  • Obtained dismissal of indictment on behalf of 911 Fireman accused of improperly obtaining Social Security Disability benefits by New York County District Attorney.  Defendant was one of 112 defendants charged in a highly publicized indictment in January 2014 which resulted in numerous guilty pleas and convictions after trial., 2016
  • People v. Victor  139 AD3d 1002; lv denied 28 N.Y.3d 1076,  Obtained reversal of convictions in Chenango County, of criminal possession of a controlled substance in the second and third degrees, conspiracy in the second degree, and criminal possession of a weapon in the second and third degrees. Appellate Division reversed convictions and sentences totaling more than 30 years due to trial court's failure to read jury note verbatim, which stated that jurors had reached agreement on nine of the ten charges “# 8G 4NG,” so that parties had opportunity to accurately analyze jury's question and frame intelligent suggestions for court's response.  Appellate Division held trial court's failure was a mode of proceedings error for which no objection was necessary. , 2016
  • Mayer v. Mayer  142 AD3d 691; Successfully limited claim by ex-wife to life insurance proceeds by limiting amount of constructive trust to the amount of father's child support and educational expense obligations had he lived, rather than the face amount of the life insurance policy that father was required to maintain for children's benefit under judgment of divorce.  Also obtained credit for proceeds that children received;, 2016
  • Obtained dismissal of all charges in 52 count indictment for possession of child pornography on behalf of a 27 year old Orange County man after he served 2 years in state prison.  Conviction was vacated by Appellate Division 2nd Dept. and remanded for new trial.   Charges were dismissed after successful suppression motion due to police and prosecutor's conduct. , 2015
  • Jenack v. Rabizadeh; Appellate Division 2nd Dept. (decided September 2, 2015) Obtained reversal of trial court dismissal of complaint.  Appellate Division in reversing also granted plaintiff's motion for summary judgment, vacating fraudulant transfer by judgment debtor of his interest in marital residence to his wife.  , 2015
  • Jenack v. Rabizadeh  NY Court of Appeals,  2013 N.Y. LEXIS 3447; 2013 NY Slip Op 8373 December 17, 2013, Decided;  Unanimously reversed Appellate Division reinstating $400,000.00 judgment against purchaser at antique auction finding that absentee bid form and clerking sheets combined to satisfy statute of frauds.  Opinion by Judge Ramos adopted appellant's argument that the statute of frauds should not be a device for avoiding purchaser's obligations. , 2013
  • Pro bono counsel successfully obtained vacatur of 2000 guilty plea in Saratoga County Court for young woman accused in homicide. The conviction was overturned upon a showing that the scientific evidence relied upon in the entry of the plea had likely been falsified by a scientist at New York State Police Lab.  Served as co-counsel before the Appellate Division 3rd Department which affirmed the decision of the trial court;  People v. Seeber 94 A.D.3d 1335., 2011
  • Orange County; not guilty on all counts in a 3 count indictment on behalf of a young woman accused of leaking grand jury testimony during service on a special grand jury.  The case was prosecuted by Attorney General Andrew Cuomo's Organized Crime Task Force in Orange County Court and is believed to be the only not guilty verdict obtained against the Task Force during Mr. Cuomo's tenure., 2010
  • Ulster County Court; Not guilty on all counts in "Shaken Baby Syndrome" trial of young man accused of causing the death of a 10 month old child left in his care. , 2008

Representative Clients:

  • Village of Harriman, Village Attorney; serve as legal counsel to Village Board and Village Departments;

Educational Background:

  • New York Law School J.D., 1976
  • Alfred University  B.A., 1973

Industry Groups

  • ABA
  • Nysacdl
Office Location for Benjamin Ostrer

111 Main Street
Chester, NY 10918

Benjamin Ostrer:

Last Updated: 3/18/2019

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