Danielle Muscatello

Danielle Muscatello

Kew Gardens, New York

Danielle has been practicing criminal law in New York since her admission to the Bar in March of 2007. She is admitted to practice in the Second Judicial Department as well as the Eastern and Southern Districts of New York, and is a member of the Kings County Criminal Bar Association.

Danielle joined the Law Office of Robert DiDio in January of 2010 and dedicates herself almost entirely to criminal defense work, with a focus on motion practice and post-conviction and appellate litigation. She excels in legal research and writing and provides an invaluable asset to clients both during pre-trial motion practice as well as during post-conviction litigation, writing appellate briefs, writs of habeas corpus, and motions to vacate judgments. She won the reversal of two murder convictions in People v. Grigoroff, 131 A.D.3d 541 (2d Dep't 2015) and People v. McDonald, 138 A.D.3d 1027 (2d Dep't 2016), the reversal of a harassment conviction in People v. Scott, 46 Misc.3d 143(A) (2d Dep't 2015), the dismissal of a weapons possession indictment in People v. Anokye, 88 A.D.3d 736 (2d Dep't 2011), and after a securing a client's release on bail pending appeal, she successfully argued to the appellate court that a trial court's decision to sentence her client to prison after his conviction was harsh and excessive, thereby preventing the client from being separated from his wife and child. See People v. Ocasio, 132 A.D.3d 418 (October 13, 2015). Danielle's skills have also been recognized in decisions such as People v. Tracey Coleman, 102 A.D.3d 807 (2d Dep't 2013); People v. Richard Rios, 898 N.Y.S.2d 797 (Sup. Ct. Kings Co. 2010); People v. Milton, 938 N.Y.S.2d 635 (2d Dep't 2012), People v. Ongteco, 889 N.Y.S.2d 507 (Crim. Ct. Kings Co. 2009), People v. Abdullah, 870 N.Y.S.2d 886 (Crim. Ct. Kings Co. 2008), and Maxis v. Phillips, No. 10-CV-1016 (E.D.N.Y. 2011).

Danielle's work ethic, together with her deep understanding of the law, and the unique compassion she offers to clients and their families set her apart from other attorneys. She is committed to giving each case the particularized attention it deserves and to tirelessly protecting the constitutional rights of each individual at every stage of a criminal prosecution.



Areas of Practice

  • Criminal Law
  • Post-Conviction Litigation
  • Civil and Criminal Appeals

Bar Admissions

  • New York, 2007


  • Yeshiva University Benjamin N. Cardozo School of Law, New York, New York
    • J.D. - 2006
  • New York University
    • Honors: summa cum laude

Honors and Awards

  • Moot Court Honor Society

Professional Associations and Memberships

  • Kings County Criminal Bar Association

Past Employment Positions

  • The Kings County District Attorney Office, 2007-2009


  • Phi Beta Kappa