Diaphragm bill found unconstitutional

From the NY Times:

In a victory for the city’s powerful police unions, a state Supreme Court judge struck down a city law banning police officers’ use of chokeholds and other physical restraints on Tuesday, saying the wording of the law was “unconstitutionally vague.”

The law, passed last summer, had been met with fierce resistance from police unions, who sued the city last fall over its passage. The language of the statute — which forbids officers from compressing a suspect’s diaphragm — was overly broad, the suit said, and made it nearly impossible for officers to physically engage suspects, even if the use of force was in good faith.

Justice Laurence L. Love agreed: “The phrase ‘compresses the diaphragm’ cannot be adequately defined as written,” he wrote in his ruling in State Supreme Court in Manhattan.

The judge encouraged the city to revise its law, and Mayor Bill de Blasio, at his daily news conference on Wednesday, urged lawmakers to move quickly to do so.

Let's hear it for Rory Lancman and company for not knowing how to pass a bill that doesn't violate the Constitution.

City getting away with filing fraudulent deed

From the Daily News:

A man who swiped an elderly woman’s house with phony documents did time for the crime — but an appellate court is letting the city off the hook for processing the paperwork that let the ex-con make himself at home.

A Brooklyn appeals court has ruled that a judge was right to toss a lawsuit brought against the city by Jennifer Merin — whose Queens abode was filched by a criminal who filed a fraudulent deed.

Merin, 74, had sued the city for not catching the forgery when the paperwork was first filed, but lost on appeal when the court backed a judge who said she couldn’t prove the city was negligent.

The feisty homeowner is fuming and has vowed to fight the decision.

“I find it absolutely astonishing and sickening that the city that gave away my property without due process by registering an obviously fraudulent deed, while it was still charging me for taxes on that property and water usage on that property, is now insisting that it has no accountability for those actions,” Merin told the Daily News.

The city said Merin was suing over a missed “needle in a haystack,” according to court papers.

The phony deed that started all the problems was one of almost 1,400 deeds recorded that week, city lawyers noted.

Would you like a massage with that gift card, too?

From the Daily News:

At Manhattan Criminal Court, judges are being urged to watch their language — avoiding legal jargon, calling people by their name rather than “the defendant,” and greeting people when they enter.

Defendants will be surveyed on their experience at court — and get a $15 Dunkin Donuts gift card for filling out the questionnaire.

The city is picking up the tab for the program, which totals $800,000.

The gift cards are being given out because research ethics boards frown on having people participate in research without compensation, Mansky said.

I could go off on this in the textbook QC way, but Impunity City already did a fine job of it.

Skelos conviction tossed

From the Daily News:

A federal appeals panel threw out the corruption convictions of former New York Senate majority leader Dean Skelos and his son, court documents revealed Tuesday.

Acting U.S. Attorney Joon Kim wasted no time in announcing that his office plans to retry the two men following the widely-expected ruling in the defendants’ favor.

Skelos and his son Adam successfully appealed their December 2015 convictions, arguing that prosecutors' arguments conflicted with a recent U.S. Supreme Court interpretation of public corruption law.

The pair were convicted of bribery, extortion and conspiracy.

They're all connected

More from Progress Queens:

In Queens, faith in Government institutions was revealed to be severely lacking after New York City Council candidate Paul Graziano filed a civil petition in New York State Supreme Court for Queens County, alleging criminality, such as fraud and forgery, in the ballot petitioning process carried out by incumbent Councilmember Paul Vallone (D-Bayside). On the Queens Crap blog, which attracts some of Queens most formidable civic-minded activists, some of the comments posted by readers to news of the court filing expressed concern that the justices of the Queens County court system would not be able to independently oversee the Court case. To some Government reform activists in Queens, the Graziano Court petition served as a symbolic Rorschach test, providing insight into the public's lack of faith in the Queens County court system. Many comments on the Queens Crap post raised questions about the "allegiance" that justices in the Queens County court system owed to leaders of the Queens Democratic County Committee, expressed concern that Mr. Graziano would not be able to receive a "fair hearing," and invoked the resignation that the "the [Queens] Machine will work to stop this at all costs."

Concerns about possible interference by the Queens Democratic County Committee were rooted in the fact that the County committee supports the reelection of incumbents as a way to earn political allegiance and to create a lockstep on power and authority over local elected officials. The role of money in politics is also a factor, because the County committee can marshal resources to support the reelection of incumbents, leaving primary challengers at a distinct financial disadvantage. Indeed, as reported by Progress Queens, Mr. Graziano ultimately discontinued his Court petition due to the high anticipated costs of having to litigate his case, reaffirming the belief to some Government reform activists that the role of money in politics even extends to being able to successfully petition the Government for a redress of grievances. The allegations made by the Graziano campaign against the Vallone campaign heightened new fears about the integrity of the voting process in Queens. In the 2016 election cycle, it was revealed that the New York City Board of Elections purged large numbers of voters without cause, triggering the filing of a Federal civil rights complaint in Brooklyn Federal Court that was later joined by both the U.S. Attorney's Office, headed at that time then by Mr. Capers, and by the office of the State Attorney General Eric Schneiderman (D-New York). To some Government reform activists, it has appeared that Queens voters have been disenfranchised for two years in a row, first, in 2016, when some voters were purged from the rolls, and, second, this year, when Federal prosecutors did nothing to investigate the allegations of criminality in the Graziano petition against the Vallone campaign, thereby allowing voters to cast their ballots for an incumbent, who may later be investigated for wrong-doing, although there is no indication that Federal prosecutors are presently conducting any such investigation. The press office of the U.S. Attorney's Office in Brooklyn did not answer advance questions submitted by Progress Queens for this report.

Locals support the Flagship Diner

From DNA Info:

Dozens of Queens residents and several elected officials came together for a rally Tuesday to support a popular diner, which is currently facing a court battle with a new landlord after more than five decades in business.

The owners of The Flagship Diner, at 138-30 Queens Blvd., which has been a community fixture since 1965, said their new landlord — Jamaica-based White Rock Management — began harassing them shortly after White Rockpurchased the site for $6.125 million last year and promptly obtained permits to knock down the restaurant and replace it with a seven-story, mixed-use apartment building containing 64 units.

On Tuesday, patrons holding signs that read “No more buildings — Save the Flagship,” “Stop Unfair Landlord” and “Stop the Harassment White Rock,” said that the diner has been like a “second home.”

The diner's owners — Vincent Pupplo, Jimmy Skartsiaris and Frank Lountzis — said they were initially hoping to keep their business open until their lease expires in October 2019, and then most likely retire.

The landlord proposed to buy them out, offering each of them $100,000, but they turned it down, the owners said.

Since then, they said, the landlord sent them several "notices to cure," requiring them to address a variety of issues within five days if they wanted to avoid eviction, including accusations that their parking lot, sidewalk and back steps are in disrepair and have to be ripped up and replaced immediately.

The owners said that their lawyer was able to obtain a “Yellowstone injunction” for each notice which temporarily suspends the time period during which they must address the issues.

In July, the restaurant owners filed a lawsuit in the Queens County Supreme Court accusing the landlord of harassing them, with the first hearing scheduled for Sept. 19.

Graziano Files Court Case Against Vallone; Claims Petitions are Permeated with Fraud

Graziano v. Vallone Papers by Paul Graziano on Scribd

On Tuesday, July 25th, 2017, Democratic New York City Council Candidate Paul Graziano filed suit against his opponent, the incumbent Paul Vallone, in order to remove him from the Democratic Party ballot line in the 19th District due to massive fraud and forgery in his petitions.

"The Supreme Court in Queens County has received our papers and we look forward to presenting our case," said Graziano.

32 allegations of fraud? Holy crap!

Silver skates but will be retried

From NY1:

Former state Assembly Speaker Sheldon Silver's conviction on fraud, money laundering, and extortion was overturned Thursday.

The judge used a Supreme Court precedent involving former Virginia Governor Bob McDonnell, which more clearly defined the kind of conduct that could be considered corrupt while in office.

"The court talks about certain acts that Silver was shown to have taken that no longer can be considered official acts, such as having a meeting," attorney Joshua Colangelo-Bryan said.

"It is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by the law for the verdict to stand," Jose Cabranes of the Second Circuit Court of Appeals decision said in his decision.

In a statement, acting U.S. Attorney Joon Kim says he will re-try the case.

Queens County Courthouse gets no respect

From the Daily News:

For over a decade, the sidewalk shedding around the Queens criminal courthouse has cost taxpayers hundreds of thousands of dollars — with no repair work being done to the building.

Queens District Attorney Richard Brown wrote a letter two years ago to the city's Department of Administrative Services (DCAS) requesting an answer as to why the structure was still surrounding the building.

“As a public servant, I am embarrassed and I can only imagine what phrases the public would use to describe the situation," Brown wrote.

Owners of buildings higher than six stories must comply with Local Law 11, which dates back to 1998, requiring an engineer to inspect the structures in order to determine necessary maintenance to protect the public.

Brown said that for more than 10 years his offices have looked like a construction site.

“We have endured more than enough of this eyesore. Repeatedly using this option, rather than making the necessary repairs to the buildings’ facade, is a waste of taxpayer money,” Brown told the Daily News.

The work required for the 61-year-old building is for minor repairs such as pointing, refastening of electrical conduits and repairing cracks, that as of this year have not been tended to, Brown said.

“Perhaps it is my outer-borough outlook, but I believe if this shedding surrounded City Hall or the courthouse at 60 Centre St. in Manhattan the result ... and timeline would be much different,” Brown said.

Judges skeptical of mall on parkland

From the Daily News:

The state's highest court tossed a curveball to the city and a Queens developer hoping to build a $1 billion mall near Citi Field.

At least four judges on the six-judge panel of the Court of Appeals appeared skeptical of arguments by the city, state and developer, Queens Development Group, that the mall could be built on a parking lot designated as parkland.

“The primary purpose of this activity is a private purpose: to lease space and set up a shopping mall so people will spend money in the context of going to a sports event,” Justice Eugene Fahey said Tuesday. “Aren’t we required . . . that this particular development be approved by the Legislature?”

The oral arguments, which took place in a special session in White Plains, revolved around the 1961 law allowing the construction of Shea Stadium in Flushing Meadows Park. The mall and movie theater, dubbed Willets West, would be built on the 30-acre site where the stadium once stood.

Assistant Solicitor General Anisha Dasgupta argued for the state that the proposed mall does have a public benefit because it will include public spaces and free attractions that go beyond a standard retail center. She noted a rooftop garden would be open to kids.

City attorney Michael Pastor echoed that argument.

“This is a public attraction. . . It’s a large public space. There’s public programming there,” he said.

But those public benefits didn’t override the project’s overall purpose, which seemed to conflict with the law’s original intent to allow a ballpark in the park, Fahey said.

“We can clearly see the economic viability of the project,” he said. "(The law) was aiming to provide a home for the Mets . . . now how far can you go askew of that?”

5Pointz heading to court

From the NY Times:

This is no vandalism case in a criminal courthouse, but rather a federal lawsuit filed in 2013 by the 23 artists who painted regularly at 5Pointz, against its owner, Jerry Wolkoff, who ordered the artwork destroyed.

The artists scored an incremental legal victory on March 31 when Judge Frederic Block of Federal District Court in Brooklyn ruled that their case could have a jury trial.

The plaintiffs hope it could become a landmark case. Celebrity artists like Banksy have gained prominence in recent years, and street art — whether spray painted, stenciled or wheat-pasted — has gained increasing respect and value, even when created on walls not owned by the artists.

The ruling sets up the fascinating scene of a trial in which art experts could be called to weigh in on the integrity of what court papers call “aerosol art,” and to evaluate the graffiti artists themselves. Evidence will include articles on 5Pointz, a building complex along Jackson Avenue in Long Island City that was covered with spray-painted murals by top street artists from New York and around the world.

Painting with Mr. Wolkoff’s permission, artists had turned the spot into an international graffiti mecca, an exhibition space and conservatory.

Preparing to build high rises on the property in 2013, Mr. Wolkoff faced opposition from the artists, who sought to block the demolition. He hired a crew that painted over the murals under cover of night, then left the building sitting for months until it was knocked down in 2014.

The judge’s ruling offers the artists a chance to confront Mr. Wolkoff in court and to seek redress for painting over their work, said Jonathan Cohen, an artist who had curated the murals and helped organize the artists at 5Pointz since 2002.

Mr. Cohen said he was hopeful that the suit might become a landmark case to establish street art as legitimate contributions worthy of protection.

NYPD is actually notifying ICE about court appearances

From the Daily News:

The NYPD alerts federal immigration agents to the Criminal Court appearances of immigrants facing deportation, the Daily News has learned.

As a “sanctuary city,” the city currently only complies with Immigration and Customs Enforcement “detainer” orders to hold a defendant until federal agents can take custody in cases involving violent or serious felonies.

But in the process of verifying warrants against a defendant, officials said the NYPD will contact relevant law enforcement, including ICE, thereby alerting the agency to an immigrant’s upcoming appearance in a city courtroom.

Advocates slammed the practice, saying it amounts to “collusion” with immigration officials that goes against the spirit of Mayor de Blasio’s pledge that the city will remain a sanctuary city.

Deed fraud scammer gets a year in the pen

From the Daily News:

An ex-con who stole an elderly woman’s Queens home now has a new place to crash — in the big house.

Darrell Beatty, 51, was sentenced to one year behind bars for his cunning con in which he used a phony deed to move into Jennifer Merin’s Laurelton home.

Merin, 72, said the ordeal — which required she jump through a slew of bureaucratic hoops before getting Beatty evicted — had caused her so much stress she had a heart attack in August.

"This crime has ripped my heart out, squashed my spirit, and left me in financial ruins. It has turned my life upside down I am 72 years old, and I am forced to begin building my life again,” she said before Beatty was sentenced.

“(My) home has been desecrated. It no longer exists, and I am bereft, heart broken, devastated. I am afraid to go on the property ... I have been in a constant state of inescapable and overwhelming fear, anguish, depression, and the daunting stress of financial duress.”

Beatty, who showed up late for his sentencing, did not address the court. His attorney declined comment.

Justice Michael Aloise, who recommended Beatty not be eligible for parole, called Merin’s statement “one of the most sincere and compelling I've ever heard.”

Media takes de Blasio to court over withheld FOIL documents

From NY1:

Mayor de Blasio may have to go to court to defend City Hall's decision to withhold e-mails between the Mayor and his outside advisors, known as "agents of the city."

NY1 News and the New York Post filed suit against the mayor Thursday over the administration's refusal to release messages exchanged between de Blasio, his top aides, and an outside consultant, Jonathan Rosen.

Rosen is one of five outside advisors to de Blasio whom City Hall has given special status. His consulting firm represents many clients with business before the city.

Judges leaving defendants in the clink

From NBC:

Over the course of about a month, I-Team cameras caught courthouse doors locking well before the official 1 a.m. closing time. In one case, doors locked at 11:27 p.m. On another night they locked at 11:15 p.m. On yet another night, court officers closed the building at 10:58 p.m. The judge adjourned court and went home before 10 p.m.

The New York State Office of Court Administration confirmed that for about the last six years, night court judges in Queens have been given the discretion to adjourn early on Sunday, Monday, Tuesday and Wednesday nights when the flow of defendants is lightest.

"In Queens County it typically takes about three and one-half hours to arraign a case after the case is docketed – a 5 percent reduction from last year," Chalfen wrote in an email to the I-Team.

Despite that statistic, Helen Weinstein, who chairs the NY Assembly Committee on the Judiciary, said she is asking court administrators to review the go-home-early policy.

"No judge should be leaving the bench early if there's somebody who could be arraigned that night," Weinstein said. "In probably the overwhelming majority of cases, the person is going to be arraigned and sent home."

Contractor refuses to comply with judge's order

From the NY Times:

A general contracting company that was found guilty of manslaughter in the death last year of a construction worker vowed on Wednesday to defy a judge’s order that it pay for public service announcements on worker safety.

Ronald P. Fischetti, a lawyer for the company, Harco Construction, said such a campaign would be tantamount to admitting wrongdoing and estimated it could cost hundreds of thousands of dollars. “Harco was innocent the day we walked into this courtroom,” Mr. Fischetti told Justice A. Kirke Bartley Jr. of State Supreme Court in Manhattan, “and they remain innocent today, notwithstanding your Honor’s verdict.”

“We will not obey,” Mr. Fischetti added. “We intend to appeal, and we believe the verdict in this case will be reversed.”

The company’s refusal to comply was an unexpected twist in a closely watched case related to the death of Carlos Moncayo, 22, an Ecuadorean immigrant who lived in Queens, at a site on Ninth Avenue in the meatpacking district of Manhattan, not far from the High Line.

Prosecutors with the Manhattan district attorney’s office argued that Harco had ignored repeated warnings about dangerous conditions at the site, and that the company’s negligence had contributed to the collapse on April 6, 2015, of a 14-foot trench in which Mr. Moncayo was crushed by thousands of pounds of dirt. Last month, Justice Bartley agreed with the prosecutors and found Harco guilty of second-degree manslaughter and criminally negligent homicide, both felonies, and reckless endangerment, a misdemeanor.

In response, the judge ordered that the parties return to court on Dec. 14. If Harco has not complied by then, he said, the court could impose the $10,000 fine.

Unhappy Valentine's Day for Maspeth family

From PIX11:

Imagine what it's like if your apartment inside is as cold as it is outside, just as New York City is experiencing the coldest temperatures and wind chills in 20 years this weekend.

One Maspeth family knows firsthand.

"We keep the heater going nonstop and we keep bundled up at all times," Dawn Stahl told PIX11 News.

Dawn, her husband Michael and 16-year-old daughter Ashley have been living in the second-floor apartment at 54–66 46 Street with no heat and hot water for three months.

Her Con Edison bill is over $2000.

And to make matters worse, her oven and stove don't work because she said National Grid removed the gas meter in the basement because her landlord didn't pay his bills. She's now using a hot plate for cooking.

The family stopped paying rent months ago and took the landlord to court.

And now they're moving out in April, but, in the meantime, they have to deal with this weekend's arctic blast.

The court case that no one is talking about

From the Queens Chronicle:

The position of embattled City Councilman Ruben Wills (D-Jamaica) became even more tenuous last week when his co-defendant in a corruption case brought by state Attorney General Eric Schneiderman pleaded guilty to lesser charges, and accused the councilman of hatching an elaborate scheme to steal campaign funds for personal use.

Jelani Mills said under oath that he assisted Wills in an alleged plot to take $11,500 in campaign funds between June 2009 and April 2010. The agreement with Schneiderman’s office was signed one day after Mills allegedly skipped out on a court date.

It also let Mills avoid a prison sentence by allowing him to plead guilty to a misdemeanor count of second-degree falsifying business records, with four more serious charges from his original indictment dropped.

Mills was originally charged with one count of third-degree larceny and three counts of first-degree falsifying business records when they were arrested.

The agreement stipulates that Mills will be sentenced to one year of probation and 10 days of community service. He could have faced up to a year in prison and a $1,000 fine for the one remaining charge.

Schneiderman’s office declined to comment on the agreement, and no sentencing date was yet available.

The state also alleges that some of the campaign money was directed to NY 4 Life, a nonprofit concern that Wills allegedly controlled.

Laurelton deed scammer going to trial

From the Daily News:

Criminal proceedings against an ex-con accused of stealing a 70-year-old woman’s house out from under her will proceed as planned, a Queens judge ruled Friday.

Darrell Beatty, 50, can’t hide from the 10 charges against him related to his alleged deed scam against homeowner Jennifer Merin.

Beatty, 50, could face up to 15 years in prison if convicted on grand larceny, burglary and other charges for allegedly forging paperwork declaring him the owner of Merin's three-bedroom Laurelton home.

Another AirBnB disaster

From the Daily News:

A Midtown landlord is suing a tenant for $300,000 for repeatedly renting out her apartment on Airbnb for $200 a night.

In papers filed in Manhattan Supreme Court, 357 West 54th St. LLC says Madalina Iacob's bid to make some quick bucks on Airbnb and other short-term apartment rental sites has already cost the building over $60,000 in fines — and could wind up costing it four times as much.

"Under the law, the landlord is strictly liable even though it's the tenant causing the violation — and even though we're not participating in this with this lady," said the building's lawyer, Lawrence Silberman.

Iacob's lease on the small $2095-a-month one-bedroom says that "tenant understands that they may NOT sublet the apartment" — but that's what the yoga instructor and self-described life coach and emotional intelligence coach was caught doing by the city in May, court papers say.

As a result, the building was slammed with four violations by the city, including operating as an illegal hotel, not having the required amount of exits for a hotel and not having adequate fire alarm system for a hotel.