Queens

Law Professors filed a grievance regarding Kenneth Appelbaum’s serious misconduct in two separate cases he prosecuted for the Queens District Attorney’s Office (QDAO).

In People v. Moustakis, the Queens Supreme Court vacated convictions because it found that Appelbaum knowingly withheld evidence about a key witness, violating his constitutional duties as a prosecutor. Later, in People v. Gallagher, the Queen’s Supreme Court dismissed a grand jury’s indictment after finding that Appelbaum’s improper questioning of the defendant prejudiced the proceeding. 

Despite Appelbaum’s violations of constitutional, state, and professional rules, he appears to have suffered no disciplinary or professional repercussions. He continues to practice despite breaking the rules to win his cases. This prosecutor’s behavior is far from justice.

Appelbaum’s misconduct in Queens was far from unique; serious misconduct at QDAO has been regularly reported for years. 

Powerful positions require the highest accountability. We cannot reward prosecutors for breaking the rules.