Experienced And Knowledgeable Legal Representation
Daniel John Henry, Jr.
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Practice Areas:
- Criminal Defense
- Personal Injury-Plaintiff
Biography
Daniel J. Henry, Jr. is a former Erie County Assistant District Attorney who concentrates his practice in Criminal Defense and Personal Injury/Negligence claims.
He has extensive experience defending the rights of people arrested and accused of criminal offenses both in State and Federal Court. He is one of a select group of attorneys in New York State certified to handle Death Penalty cases. In addition, Mr. Henry represents clients facing Grand Jury investigations; witnesses called before State or Federal Grand Juries; clients charged under the Federal RICO Statute; clients charged with white-collar offenses; professionals facing misconduct charges before licensing boards; Violent Felony offenses including homicides; DWI cases and drug offenses including conspiracy charges.
Mr. Henry is a member of the National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers. He has lectured for various professional organizations on Criminal Law topics and has published a number of articles involving the practice of Criminal Defense litigation. Mr. Henry also served as chairperson of the Criminal Law Committee of the Bar Association of Erie County, Buffalo from 1997-2000.
Education
- University at Buffalo Law School, Buffalo, New York
- J.D. - 1986
- University of Dayton, Dayton, Ohio
- B.S. - 1982
- Major: Criminal Justice
Bar Admission
- New York, 1987
- U.S. District Court Western District of New York, 1987
- U.S. Court of Appeals 2nd Circuit, 1991
- U.S. Supreme Court, 1991
Published Works
- Gunshot Residue Motion, N.Y.S.A.C.D.L. ATTICUS Vol. 23 No. 2 at 10, Summer, 2011
- Examining 'Testimonial' under the Crawford Ruling, Buffalo L.J. Vol. 78 No. 75 at 1, September 18, 2006
- Circuit Court Clarifies Some Post-Booker Sentencing Issues, Buffalo L.J. Vol. 78 No. 44 at 1, June 6, 2006
- Court of Appeals Addresses Scope of Suspect's Consent, Buffalo L.J. Vol. 78 No. 16 at 1, February 23, 2006
- Attack the Prosecutor's Key Witness with Character Signs, Buffalo L.J. Vol. 77 No. 60 at 1, July 28, 2005
- Rockefeller Law Reform Puts Relief on the Docket, Buffalo L.J. Vol. 76 No. 105 at 1, December 30, 2004
- Notes on use of Statements from Proffer Session at Trial, Buffalo L.J. Vol. 76 No. 79 at 1, September 30, 2004
- Crawford Ruling Limits Use of Testimonial Statements, Buffalo L.J. Vol. 76 No. 55 at 1 , July 8, 2004
- Concurrent vs. Consecutive Sentences Under the Penal Law, Buffalo L.J. Vol. 76 No. 37 at 1, May 6, 2004
- Under What Circumstance is Miranda Waiver Valid?, Buffalo L.J. Vol. 76 No. 1 at 1, January 1, 2004
- The Ethical Considerations Of Your Client's Perjury, Buffalo L.J. Vol. 75 No. 75 at 1, September 18, 2003
- Do Judges Have To Keep Their Sentencing Commitments?, Buffalo L.J. Vol. 75 No. 53 at 1, July 3, 2003
- Does The Attorney-Client Privilege Survive Death?, Buffalo L.J. Vol. 75 No. 35 at 1, May 1, 2003
- Accepting Cash From Clients, Buffalo L.J. Vol. 74 No. 103 at 1, December 26, 2002
- Jail House Informant: An Agent of the Prosecution, Buffalo L.J. Vol. 73 at 1, August, 2001
- The Fine Line of Advising Your Client On A Plea Deal, Buffalo L.J. Vol. 73 No. 16 at 1, February 22, 2001
- Willard Treatment Program: An Option For Some Clients, Buffalo L.J. Vol. 72 No. 104 at 1, December 28, 2000
- Incarceration Alternatives Keep Focus on Treatment, Buffalo L.J. Vol. 72 No. 88 at 1, November 2, 2000
- Opposition To Media's Article 78 to Unseal Record, N.Y.S.A.C.D.L. Mouthpiece, July/August, 1999
- The Power of the Grand Jury and the Role of Counsel, N.Y.S.A.C.D.L. Mouthpiece, January/February, 1999
- Crime Scene Search: Suppression of Physical Evidence, N.Y.S.A.C.D.L. Mouthpiece, July/August, 1998
- Motion to Dismiss Indictment on Grounds that the Prosecution Failed to Present Exculpatory Evidence, N.Y.S.A.C.D.L. Mouthpiece, January/February, 1998
- Criminal Possession of a Weapon: Presumption of Possession and the Grand Jury Instruction, N.Y.S.A.C.D.L. Mouthpiece, May/June, 1997
- Precluding the Prosecution From Having the Victim Testify in its Case-in-Chief, N.Y.S.A.C.D.L. Mouthpiece, November/December, 1996
- Cross Examination of the Confidential Informant/Snitch, N.Y.S.A.C.D.L. Mouthpiece, July/August, 1995
- Closing Arguments: Addressing Accomplice Testimony, N.A.C.D.L. Champion, July, 1995
- Directing Specific Performance of a Plea Agreement, N.Y.S.A.C.D.L. Mouthpiece, February, 1995
Honors
- Selected for the Upstate New York Super Lawyer list – Criminal Defense, 2008 – 2023
- Listed in “Who’s Who in American Law”
- Listed in “Who’s Who of Emerging Leaders in America”
Classes & Seminars
- The Attorney Grievance Process and How to Avoid It, Lecturer, Erie Institute of Law CLE, Bar Association of Erie County, Buffalo, New York, 05/25/2022
- Ethical Considerations in a Criminal Case, Lecturer, Erie Institute of Law CLE, Bar Association of Erie County, Buffalo, New York, 09/26/2009
- Criminal Law Update: Grand Jury Practice in New York, Lecturer, New York State Association of Criminal Defense Lawyers, Ithaca, New York, 09/09/2006
- Grand Jury Practice in New York, Lecturer, New York State Association of Criminal Defense Lawyers, Syracuse, New York, 04/29/2006
- The Criminal Trial From Start To Finish in New York: Defense, Lecturer, National Business Institute, 11/29/2005
- Wade Hearings: A Practical Approach for Defense Attorneys, Lecturer, Aid To Indigent Prisoners Society, Inc. Bar Association of Erie County, 05/14/2005
- Criminal Law Bootcamp: Ethical Pitfalls, Lecturer, New York State Bar Association, 10/17/2003
- Ethical Considerations in a Criminal Case, Lecturer, Erie Institute of Law CLE, 06/28/2003
- Using an Investigator in Criminal Cases, Lecturer, Aid to Indigent Prisoner Society, Inc., Bar Association of Erie County, Buffalo, New York, 2001
- Surviving Justice Court, Lecturer, Aid to Indigent Prisoner Society, Inc Bar Association of Erie County, Buffalo, New York, 2000
- Traffic and Impaired Driving in New York State, Lecturer, Lorman Education Services, 2000
- Techniques in Criminal Practice, Lecturer, New York State Association of Criminal Defense Lawyers, 1998
- Art and Science of Plea Negotiations and Preserving the Record, Lecturer, Bar Association of Erie County, Buffalo, New York, 1997
Pro-Bono Activities
- Bar Association of Erie County Arbitration Program
- State University of New York at Buffalo School of Law Alumni Mentor Program
- State University of New York at Buffalo School of Law Moot Court Competition - Judge
- Aid to Indigent Prisoners Society, Inc. Mentor Program
Past Positions
- Erie County District Attorneys Office, Assistant District Attorney, 1986 to 1990
Professional Associations
- National Association of Criminal Defense Lawyers, Member, 1991 to Present
- New York State Association of Criminal Defense Lawyers, Member; Vice-President 2002-2007; Secretary 2000-2001, 1991 to Present
- New York State Defenders Association, Member, 1990 to Present
- New York State Bar Association, Member, 1987 to Present
- Bar Association of Erie County, Member; Board of Directors 2008-2011, 1987 to Present
- Aid To Indigent Prisoner's Society, Inc., Member; Board of Directors 1997-2011, 2013-2016, 1990 to Present
- St. Francis High School, Athol Springs, New York, Board of Directors 2000-2006
- Immaculata Academy High School, Hamburg, New York, Board of Trustees 2007-2013
- Our Lady of Victory Homes of Charity, Board of Director, 02/2015 to 2020
- Bar Association of Erie County, Criminal Law Committee, Chairperson, 1997 to 2000
Certified Legal Specialties
- Death Penalty Cases in New York
- Designated as Learned Counsel for Federal Death Penalty Cases in the Western District of New York