Nathaniel Marmur is one of New York’s top federal and state appellate attorneys, securing victories in both civil and criminal cases.  He regularly argues before the United States Court of Appeals for the Second Circuit, the New York Court of Appeals (the State’s top court), and the New York State Appellate Division.

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          Mr. Marmur is unafraid to challenge conventional wisdom or longstanding precedent in fighting for his clients.  His skillful identification of issues and surgical dissection of statutes have had a significant impact on the law.

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          For example, a leading treatise referred to Mr. Marmur’s win before the New York State Court of Appeals in Taub v. Altman as “dramatic and far-reaching” in that it “reversed decades of case law, practice and tradition under which the New York County District Attorney has historically been permitted by the courts to prosecute the evasion of state taxes, an important prosecutorial tool in the kind of ‘white collar’ investigations for which the Office of the New York County District Attorney is known.” His victory in the Appellate Division in People v. Kozlow, 31 A.D.3d 788, regarding a Penal Law provision addressing the dissemination of material over the internet, was so significant that the Legislature immediately amended the statute.  Mr. Marmur also successfully persuaded a drafter of New York’s criminal procedure law that he had erred in stating, in his official commentary to the statute, that bail pending appeal was unavailable to defendants who were sentenced only to probation.

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           In 2017, the Fordham Law Moot Court Board bestowed upon Mr. Marmur its distinguished alumni award in recognition of his achievements in appellate courts.

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          Bringing his unique skills to bear, Mr. Marmur has secured significant victories in the following cases:

           Quinn v. City of New York, 2023 WL 3909798 (2d Cir. 2023) (holding that the district court abused its discretion in dismissing personal injury case brought by professional golfer and reinstating his complaint).

           People v. Solomon, 39 N.Y.2d 1114 (2023) (high court vacating defendant’s guilty plea on constitutional and statutory grounds where the offense was not charged in the indictment).

           Osuagwu v. Home Point Financial Corporation, (2d Cir. 2023) (affirming dismissal of claims against mortgage bank).

           United States v. Goodrich, 12 F. 4th 219 (2d Cir. 2021) (reversing $1.85 million restitution judgment entered in securities fraud case).

           In re Application of Gorsoan Limited,  843 Fed. App’x 352 (2d Cir. 2021) (reversing district court and quashing subpoena seeking discovery in case involving claims of international fraud).

           Jiminian v. Seabrook, 760 Fed App’x 38 (2d Cir. 2019) (affirming dismissal of claims against former head of the Corrections Officers Benevolent Association),

           People v. Milman, 164 A.D.3d 609 (2d Dep’t 2018) (reversing convictions of scheme to defraud and grand larceny on statute of limitations grounds and improper jury instructions)

           In re 91st Street Crane Collapse Litigations, 154 A.D.3d 139 (1st Dep’t 2017) (reducing damages against Mr. Marmur’s clients from $95 million to $35 million).

           Zaratzian v. Abadir, 694 Fed. App’x 822 (2d Cir. 2017) (affirming Mr. Marmur’s trial victory in favor of defendant accused of wiretapping by intercepting emails).

           United States v. Bouchard, 828 F.3d 116 (2d Cir. 2016) (reversing bank fraud convictions).

           In re 155 West 21st Street, LLC, v. McMullan, 24 N.Y3d 1111 (2015) (high court holding that the Appellate Division “abused its discretion” in sanctioning attorney).

           Smith v. Tormey, 19 N.Y.3d 533 (2013) (high court adopting argument advanced by Mr. Marmur in friend of the court brief that administrative judge exceeded his authority in by reviewing an order assigning counsel to a defendant in a criminal proceeding).

           People v. Rosado, 88 A.D.3d 454 (1st Dep’t 2011) (reversing assault conviction).

           People v. Fortunato, 79 A.D.3d 851 (2d Dep’t 2010) (reversing murder conviction; Mr. Marmur on the brief).

           United States v. Joseph, 542 F.3d 13 (2d Cir. 2008) (reversing conviction in sex offense case).

           People v. Bloomfield, 30 A.D.3d 151 (1st Dep’t 2006) (reversing falsification of business records and conspiracy charges).

           United States v. Lauersen, 362 F.3d 160 (2d Cir. 2004) (recognizing for the first time the authority of the district court to grant downward sentencing departure in federal fraud prosecutions where “cumulative effects” of overlapping guidelines enhancements unjustly increased presumptive guideline range).

           Pataki v. New York State Assembly, (2004) (upholding New York State governor’s constitutional authority with respect to budget bills; Mr. Marmur on the brief).

           Taub v. Altman, 3 N.Y.3d 30 (2004) (high court holding that the Manhattan District Attorney’s Office exceeded its jurisdiction in prosecuting defendant charged with filing false tax returns).

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          As can be seen, Mr. Marmur has frequently argued before the New York Court of Appeals, which grants review in only a small number of select cases of statewide importance.  In addition to the cases noted above, Mr. Marmur has appeared in the following Court of Appeals cases:   People v. Torres, 37 N.Y.3d 256 (2021) (addressing challenge to provisions of New York City’s new “Vision Zero” traffic laws); People v. Levy, 16 N.Y.3d 510 (2010) (examining for the first time state’s trademark counterfeiting law); a pair of cases shaping the contours of New York’s falsifying business records offense:  People v. Kisina, 14 N.Y.3d 153 (2010), and People v. Bloomfield, 6 N.Y.3d 165 (2006); Snyder v. Bronfman, 13 N.Y.3d 504 (2009) (addressing statute of frauds application to recover value of services in helping to achieve corporate acquisition; Mr. Marmur on the brief); People v. Kolowski, 11 N.Y.3d 223 (2008) (Mr. Marmur representing CFO of major corporation in what was billed as largest larceny in State history); and Polito v. Walsh, 8 N.Y.3d 683 (2007) (addressing New York State’s double jeopardy law as it relates to a prior federal prosecution; Mr. Marmur on the brief).