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 - 2020
Licensed Since: 1977
Education: New York Law School
Practice Areas:
  • Criminal Defense (50%),
  • Appellate (20%),
  • Personal Injury - General: Plaintiff (10%),
  • Criminal Defense: White Collar (10%),
  • Criminal Defense: DUI/DWI (10%)
    Attorney Profile

    Attorney Benjamin Ostrer is the founder and senior partner of Ostrer & Associates, P.C., located in Chester, New York. Nationally recognized as one of the country's preeminent trial advocates, Mr. Ostrer represents the rights and interests of those throughout the Hudson Valley who face serious criminal charges, such as DUI, homicide, white collar crimes, sexual crimes, and other felony and misdemeanor offenses, as well as those who suffered an injury or loss caused by someone else's negligence or wrongdoing.

    Over the course of his more than 41 years of practicing law, Mr. Ostrer has achieved considerable success advocating on behalf of his clients in state, federal and appellate courts throughout his region. A recognized authority on DNA forensic evidence, Mr. Ostrer has helped secure not guilty verdicts for the accused along with helping to overturn numerous convictions on appeal. Through his civil litigation practice, he has been just as effective, obtaining many favorable verdicts and settlements for his plaintiff clients.

    As a result of his success, Mr. Ostrer has received many awards and honors from his peers as well as numerous positive reviews and testimonials from his satisfied clients. He holds an AV Preeminent peer review rating* from Martindale-Hubbell, and he has earned "Superb" client ratings on Avvo. In addition, the New York State Bar Association bestowed him with the Charles F. Crimi Memorial Award in 2016 for his outstanding legal abilities and success as a criminal defense attorney.

    Devoted to helping those who may not have the means to afford quality legal counsel, Mr. Ostrer has selflessly volunteered his time and legal services to many across his community. He currently serves as director of the Legal Aid Society of Orange County, and he has been a member of the New York State Bar Association's Empire State Counsel since 2008. Moreover, the organization awarded his efforts by naming him the 2017 Pro Bono Volunteer of the Year.

    A 1973 graduate of Alfred University, Mr. Ostrer obtained his Juris Doctor from New York Law School in 1977. He has served as president and vice president of the New York State Association of Criminal Defense Lawyers, and he is an active member of the National Association of Criminal Defense Lawyers, the American Bar Association and the New York State Bar Association, among his other professional affiliations.

    *AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

    Practice Areas
    • 50%Criminal Defense
    • 20%Appellate
    • 10%Personal Injury - General: Plaintiff
    • 10%Criminal Defense: White Collar
    • 10%Criminal Defense: DUI/DWI
    Focus Areas

    Criminal Law, Drug & Alcohol Violations, Felony, Misdemeanor, Murder, Sex Offenses, Criminal Domestic Violence, Appeals, Motor Vehicle Accidents, Personal Injury - Plaintiff, Slip and Fall, Wrongful Death, Brain Injury, Trucking Accidents, Premises Liability - Plaintiff, White Collar Crime, DUI/DWI


    Selected to Super Lawyers for 12 yearsbottom-image

    Super Lawyers: 2009 - 2020

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    About Benjamin Ostrer

    Admitted: 1977, New York

    Professional Webpage:


    • NYSBA Empire Counsel, 2008 - 2016
    • 10.0 by Avvo
    • Super Lawyers Criminal Defense Upstate New York, 2009 - 2015
    • 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
    • AV rated by Martindale Hubbell’s Peer Review Rating system
    • Award as the Outstanding Private Criminal Defense Attorney in New York State , Charles M. Crimi Award, New York State Bar Association, 2016

    Bar/Professional Activity:

    • New York State Bar, 1977
    • 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:

    • Director, Legal Aid Society of Orange County
    • Empire State Counsel NYSBA, 2011
    • 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, 2009

    Scholarly Lectures/Writings:

    • CLE online program reviewing Likelihood Ratios, STRMIX, TrueAllele and other interpretive programs.  Issue to be raised involving defense of accused where complex mixtures are produced from crime scenes and other sources.  Discussion of lab protocols and areas of inquiry in cross-examination of lab witnesses., Lecturer, How to Understand and Litigate DNA Mixtures May 22, 2020, NYSACDL Online CLE, Criminal Defense Bar, 2020
    • April - June, 2020  7 weekly CLE online lectures on forensic topics,  (1)SANE Exams, (2)DNA intro, (3) DNA Complex Mixtures (4) Accident Reconstruction, (5) DVJSA, (6) Shaken Baby diagnosis (7) The role of the Ciminalist , Lecturer, Forensic Fridays, NYSACDL, Criminal Defense, 2020
    • Live lecture on Cross examination basics of crime lab witness, Lecturer, Cross Examination of Crime Lab Witness, New York State Defenders Assn. Rochester, N.Y. October 12-13, 2012, 2012
    • Lecturer, Murder Mayhem Seminar - Shaken Baby Defense
    • Provided introduction to DNA evidence, retrieval, reading of specialized reports and lab disclosure.  Common issues in examining the lab witness, Lecturer, The Basics of Forensic DNA CLE May 1, 2020, NYSACDL Online CLE, Criminal Defense Bar, 2020
    • CLE program for experience criminal defense attorneys. provided background of statute and application to actual cases. Co-Lectured with John Ingrassia, Esq., Co-Lecturer, Domestic Violence Survivors Justice Act DVSJA CLE April 24, 2020, NYSACDL Online CLE Live Lecture, Criminal Defense, 2020
    • CLE online calls for Criminal Defense Lawyers, provided the basics of SANE exams and cross-examination and witness prep in a sexual assault case. , Lecturer , Forensic SANE Exam Basics, NYSACDL Lunch and the Law CLE April 17, 2020, Criminal Defense, 2020
    • Presenter - Understanding DNA Rosario material, Brockport - NYSACDL December 3-4, 2010 DNA Evidence CLE, 2010
    • Live presentation of DNA Basics, Instructor, DNA Evidence at Trial CLE, NYSACDL CLE Hudson Valley Trainer, Criminal Defense Bar, 2011
    • Cross examination of lab scientists, Lecturer, Cross to Kill CLE Seminar - St. Francis College, 2012
    • Atticus Magazine,  Volume 24 issue 2 Summer 2012; Analysis of crime lab failures and the inadequacy of oversight of crime lab performance., Crime Lab Science a look behind the Curtain, New York State Assn Of Criminal Defense Lawyers, 2012
    • 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
    • "Fighting the Abuse of Science - A Primer for Defending a DNA Case.  Live Lecture on cross-examination and review of DNA evidence., Lecturer, Buffalo Super Star Trial Seminar November 5, 2015, NYSACDL, Criminal Defense Bar, 2015
    • 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
    • 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


    • Treasurer, Executive Board,  NYSBA Criminal Justice Section, 2020
    • People v Carlson;  2018 NY Slip Op 05859 Decided on August 22, 2018;  Reversal of Manslaughter conviction after jury trial. , 2018
    • People v. Carlson;  Orange County Court.  Not Guilty Verdict January 16, 2020 at re-trial of Orange County man accused of homicide in the shooting death of an escaped rapist who eluded police during a 3 day man-hunt.  He returned to Defendant's home and after threatening defendant.  Shooting occurred in a neighbor's yard while Defendant was attempting to bring escapee to police. , 2020
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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 fraudulent transfer by judgment debtor of his interest in marital residence to his wife.  , 2015
    • 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
    • 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
    • Kurtzman v. Shapiro 149 A.D.3d 1117  Obtained Reversal and vacated a $626,000.00 sanction imposed by trial court.  , 2017
    • 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


    • Chester Hill Holding Company, Inc. to Aden Chester Land Holdings, LLC.  (sale of approved mining property) , 2020

    Representative Clients:

    • Village of Harriman,  Greens at Woodbury, Rockland Homes, William Jenack Auctioneers & Appraisers,  Chester Hill Holding Co. Inc.,, 2020
    • Village of Harriman, Village Attorney; serve as legal counsel to Village Board and Village Departments;

    Educational Background:

    • Alfred University  B.A., 1973

    Industry Groups

    • ABA
    • NACDL
    • Nysacdl
    • NYSBA
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    Office Location for Benjamin Ostrer

    111 Main Street
    Chester, NY 10918

    Phone: 845-469-7577

    Fax: 845-469-8690

    Benjamin Ostrer:

    Last Updated: 12/28/2020

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