Friday, December 16, 2022

MAYOR ADAMS HOSTS SUMMIT TO CREATE STRATEGY TO COMBAT RETAIL THEFT ACROSS FIVE BOROUGHS


New York City Mayor Eric Adams today hosted a summit to create a citywide strategic prevention plan to combat retail theft across the five boroughs. The summit included the New York City Police Department (NYPD), the Office of the Attorney General, all five of the city’s District Attorney’s Offices, and mental health and social service providers, as well as leaders of the retail industry, representatives from chambers of commerce, various Business Improvement Districts (BID), organized labor, advocacy organizations, and statewide and national retail associations — all coming together to discuss policy ideas and creative solutions to tackle the increase in retail theft, which will be released in a report next year.

“New York City businesses are the lifeblood of our economic recovery, and we are not going to stand by and let criminals undermine our economy and the livelihood of New Yorkers,” said Mayor Adams. “Our retail stores have my commitment that we will continue to work towards real, long-lasting solutions on the issue of retail theft. The vast participation at today’s summit sends a clear and unified message that will not allow anyone to simply walk away with impunity when they take something without paying for it.” 

Topics discussed during today’s summit included leveraging technology to combat retail theft, physical security measures to deter theft, surveillance best practices, diversion programs, and enhancing existing partnerships with law enforcement.   

Public safety and building back New York City’s economy to pre-pandemic levels are top priorities for the Adams administration. By convening experienced leaders with a range of perspectives on the issue of retail theft, Mayor Adams aimed to identify actionable solutions that are practical for all stakeholders and that serve to enhance public safety while preserving justice.

“The message to our retailers and retail workers is that the city is listening and we hear your concerns, but, more importantly, we are coming up with solutions together,” said Deputy Mayor for Public Safety Philip Banks III. “This summit brought a vast array of perspectives to the table with an end goal of creating a comprehensive, actionable plan that addresses this issue while ensuring public safety, justice, and economic prosperity.”

“Retail theft harms small businesses and New Yorkers who rely on stores in their communities to carry essential goods,” said Attorney General Letitia James. “This past May, my office was proud to work with Mayor Adams, the NYPD, and our other partners to break up a massive retail theft ring. We will continue our efforts and coordination with New York City officials to combat retail theft and protect New York consumers and small businesses. I thank Mayor Adams for continuing to make public safety a priority." 

“Retail stores in the Bronx are being devastated by theft, which brings the threat of violence to store employees and leads to businesses closing and the loss of jobs,” said Bronx County District Attorney Darcel Clark. “This summit was a concrete start to collaboration among all the stakeholders to solve this problem, which affects the community in multiple ways.” 

“Today’s discussion between various stakeholders — retail stores, union leaders, Business Improvement District leaders, the NYPD, City Hall, treatment providers, prosecutors, and legislators — was collaborative and productive,” said Manhattan County District Attorney Alvin Bragg. “I thank Mayor Adams for convening this important summit and we look forward to working together to address retail theft in a holistic way.” 

“Retail crime is not only illegal, but it creates a lasting economic impact through increased prices for consumers and fewer jobs for our local workforce,” said Queens County District Attorney Melinda Katz. “I look forward to expanding upon our ongoing efforts with meaningful solutions alongside our agency and law enforcement partners to address this growing problem.” 

“The time has come to turn the small business infrastructure into a vehicle for positive change,” said Zaid Nagi, vice president and co-founder, Yemeni American Merchants Association. “We are ground zero for this issue and many others. Nothing stands between us and empowering our merchants not only to report those who have turned stealing into a lucrative business, but, most notably, to offer assistance that will jump start the recovery to cure debilitating mental problems and drug use and address food scarcity.” 

“Today's retail theft summit hosted by Mayor Eric Adams created a collaborative, solutions-based approach to one of the most pressing issues confronting the small business community,” said Lisa Sorin, president, Bronx Chamber of Commerce. “The summit will yield policy solutions and legislative actions to address business-related losses and crime in New York City, while presenting long-term solutions to support our communities and neighborhoods. The Bronx Chamber of Commerce is grateful to Mayor Adams, our district attorneys, and community and business stakeholders for being active participants in resolving barriers to small business success. We are confident that this plan will assist in mitigating a myriad of business challenges.”

“The mayor’s summit today was constructive and informative in bringing to light the situation that retail is facing with theft and burglary,” said Nelson Eusebio, government liaison, National Supermarkets Association. “I want to thank the city for taking the initiative to address this issue. This is the first step in many more to come to resolve this issue in a manner that allows the city to flourish, the stores to stay in business, and our citizens to shop freely without fear in our local stores.”

In addition to the New York City Mayor’s Office, the following entities had representatives present at today’s summit: 

  • New York City Law Department
  • New York City Mayor’s Office of Criminal Justice
  • New York City Police Department
  • New York City Department of Small Business Services
  • Office of the New York Attorney General
  • Bronx County District Attorney’s Office
  • Kings County District Attorney’s Office
  • New York County District Attorney’s Office
  • Queens County District Attorney’s Office
  • Richmond County District Attorney’s Office
  • New York City Council
  • 125th Street BID
  • Bodega & Small Business Association of New York
  • Bronx Chamber of Commerce
  • Brooklyn Chamber of Commerce
  • Brooklyn Hispanic Chamber of Commerce
  • Caribbean American Chamber of Commerce & Industry
  • CASES
  • Center for Court Innovation
  • Chinatown Partnership
  • Fifth Avenue Association
  • Flatbush-Nostrand Junction BID
  • Flushing BID
  • Fordham Road BID
  • Fortune Society
  • Gap Inc.
  • Hudson Yards-Hell’s Kitchen Alliance
  • Korean American Business Council
  • Latino Supermarket Association
  • Macy’s
  • Madison Avenue BID
  • Manhattan Chamber of Commerce
  • New York City Criminal Justice Agency
  • Pitkin Avenue BID
  • Queens Chamber of Commerce
  • Retail Council of New York State
  • Retail Wholesale & Department Store Union
  • Starbucks
  • Target
  • United Food and Commercial Workers Local 1500
  • Walgreens
  • Washington Heights BID
  • Yemeni American Merchants Association

 

Governor Hochul Announces Availability of $7.2 Million for Residential Step-Down Housing in New York City

 Affordable Housing

Application Sought to Develop 60 Units of Housing Offering Recovery-Oriented 'Step-Down' Services After Inpatient Hospitalization

Units to Support Work of Mobile Services and Transition to Home Units; Serve Individuals Experiencing Homelessness Living on the Streets and Subway System


 Governor Kathy Hochul today announced the availability of $7.2 million to develop short-term transitional residences in New York City to help formerly unhoused individuals make the transition from inpatient care into units with services that are designed to foster living in independent settings. Administered by the state Office of Mental Health, the state funding will help establish four Community Residential Step-Down programs and a total of 60 units of housing to serve individuals living with mental illness on the streets or in the subway system.

"No New Yorker should be left to reside in the subway system or on the streets, especially not vulnerable individuals living with mental illness," Governor Hochul said. "These new housing facilities will provide unhoused individuals with access to services they can rely on to ensure they have the skills to live successfully and independently."

The Community Residential Step-Down programs will be established at four locations in New York City, and each include 15 units of transitional housing with associated mental health services. Individuals admitted to this program will be connected to wraparound, mobile services designed to address their mental health needs and other supports necessary for them to transition into successful community living and permanent housing.

Office of Mental Health Commissioner Dr. Ann Sullivan said, "This new step-down residential program will help people living with mental illness who had been homeless transition to safe and stable long-term housing. The program is an important transitional step between inpatient care and the independent living provided by supportive housing and other community-based housing options."

These programs will be a vital component of the continuum of care for unhoused New York City residents with mental illness and complement the Transition to Home units, the psychiatric center-based inpatient treatment program established earlier this year. The first Transition to Home unit opened at the Manhattan Psychiatric Center last month, with a second expected to come online early next year.

Staffed by a multidisciplinary team of doctors, nurses, social workers, occupational therapists, and other clinical and non-clinical personnel, the Transition to Home units are aimed at providing an intensive focus on life management skills for individuals experiencing homelessness and mental health issues. These facilities will help patients to gain functional skills, and work with other agencies to enhance engagement in their mental health care.

Patients being discharged from the intensive inpatient facility will be able to utilize the Community Residential Step-Down programs for transitional, short-term residence and to further develop the support and skills needed to move to more independent housing. Individuals will also receive help securing benefits and community-based services to ensure long-term success and recovery.

Individuals utilizing the new residential step-down programs will also receive assistance from other OMH-supported services, including the Safe Options Support teams, Assertive Community Treatment teams or Intensive Mobile Treatment teams. These teams also provide services and support to unhoused individuals living on the street, in transportation hubs, safe havens, drop-in centers and homeless shelters.

The Office of Mental Health will provide operating funding for the four Residential Step-Down programs, in addition to capital funding once sites are identified. Today's announcement builds on other efforts to provide safe housing to unhoused individuals living on the street and in the subway system in New York City.

Earlier this week, Governor Hochul announced the availability of up to $16 million in annual state funding through the Empire State Supportive Housing Initiative to operate 500 units of scattered-site housing with support services. These units will take referrals from the city's Safe Options Support teams with a goal of placing unhoused individuals into housing where they can live in an independent setting and fully integrate into their communities.

Bronx Man Sentenced To 15 Years In Prison For Using Illegal Gun To Shoot Two Victims

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that BATISE BOYCE was sentenced to 15 years in prison by U.S. District Judge Lewis J. Liman.  BOYCE pled guilty on September 8, 2022, to one count of possessing a firearm after having previously been convicted of a felony and one count of possessing a firearm in a school zone.

U.S. Attorney Damian Williams said:  “This sentence demonstrates the importance and success of the Triggerlock program in bringing together state, local, and federal law enforcement to ensure that repeat firearm offenders receive appropriate sentences for their crimes.  I greatly appreciate our law enforcement partners as they work with us to ensure that deadly firearms and violent offenders stay off the streets of our communities.”

According to the allegations in the Indictment and statements made during court proceedings and filings:

BOYCE, 45, of the Bronx, New York, possessed an illegal semiautomatic handgun from at least August 2, 2020, until November 6, 2020, when he was arrested with the gun by officers of the New York City Police Department.  Prior to possessing the gun, BOYCE had been convicted of at least six prior felonies, including robbery, an assault with a firearm, and a slashing attack with a knife.  On August 2, 2020, BOYCE used the gun to shoot a victim in the head, although the victim fortunately survived.  The next night, during an argument, BOYCE struck a second victim in the face with the gun, causing him to bleed, then shot the victim in the back as he attempted to walk away.  One of the victim’s legs was amputated as a result.

Mr. Williams praised the outstanding work of the New York City Police Department. 

Manhattan Man Sentenced To 120 Months In Prison For Role As Leader Of Gun Trafficking Conspiracy

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that JAMES THOMAS, a/k/a “Spazz,” was sentenced to 120 months in prison for his leadership of a gun trafficking conspiracy that was responsible for the illegal purchase and trafficking of approximately 89 firearms from at least in or around August 2020 up to and including April 2021.  THOMAS pled guilty to one count of interstate travel with intent to engage in gun trafficking on May 20, 2022, before U.S. District Judge Sidney H. Stein, who imposed today’s sentence. 

U.S. Attorney Damian Williams said: “James Thomas participated in the trafficking of dozens of guns to New York, and some of the guns that he trafficked can directly be tied to violent crimes.  Thomas exacerbated the scourge of gun crime in New York, and for that he is rightly facing a lengthy prison sentence.”

According to public filings and statements made in court:

From at least in or around August 2020 up to and including April 2021, the defendants used Georgia-resident DUVAUGHN WILSON, a/k/a “Dupree,” as a straw purchaser to buy at least 87 firearms from at least six federal firearms licensees (“FFLs”) in Georgia.  Over the course of the scheme, during which WILSON completed approximately 30 different transactions, WILSON attested that he was the true purchaser of the firearms, when in fact, he was buying the guns on behalf of the defendants, who in turn illegally resold many of the guns to others.

Prior to purchases, the defendants coordinated with WILSON to place orders for specific firearms and pay for the weapons using cash, mobile banking applications, and through wire payments.  When communicating about the firearms, the defendants used coded language, referring to the weapons as “tvs,” “knocks,” and “situations.”  In some instances, the defendants referred to the caliber or model of a firearm by referencing the jersey numbers of famous athletes.

After purchasing the weapons, WILSON transferred the firearms to defendants JAMES THOMAS, a/k/a “Spazz,” COURTNEY SCHLOSS, a/k/a “Bway” a/k/a “Balenci,” and others who sold some of the guns in Georgia and transported other firearms, primarily by bus, to New York for resale.  In many instances, the guns were transferred to members of the Brooklyn-based “Blixky Gang” — a group comprised primarily of aspiring rappers.  Some of these guns later appeared in music videos filmed by members of the Blixky Gang.  The videos, which include some of the defendants, show Blixky Gang members brandishing loaded firearms and displaying stacks of cash.

On some occasions, law enforcement successfully interdicted firearms being transported by the defendants before they reached New York.  For example, in November 2020, law enforcement in South Carolina stopped a bus in Wellford, South Carolina, from which they seized five firearms, four pistol magazines, a high capacity .40 caliber magazine, and a nine-millimeter drum magazine — all of which was being transported by the defendants in a single backpack.

Law enforcement seized other firearms purchased in Georgia by WILSON in New York City.  On at least two occasions, in the wake of violent crimes, the New York City Police Department (“NYPD”) seized firearms trafficked to New York as part of this scheme.  As alleged, in February 2021, the NYPD seized a gun that WILSON had bought after a fleeing suspect discharged it at responding officers in the Bronx.  In April 2021, following a shooting in the Bronx, the NYPD seized another pistol purchased by WILSON.

In addition to the prison term, THOMAS, of New York, New York, was sentenced to three years of supervised release.

Eight of THOMAS’s co-defendants were previously sentenced in this case.  A chart containing the names and imposed sentences is set forth below.

Mr. Williams praised the outstanding investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and NYPD, in particular, the Joint Firearms Task Force, which is composed of agents and officers of the ATF and the NYPD.  

Name 

Sentence 

COURTNEY SCHLOSS, a/k/a “Bway,” a/k/a “Balenci 

120 months in prison; three-year term of supervised release 

DUVAUGHN WILSON, a/k/a “Dupree” 

48 months in prison; three-year term of supervised release 

KEN ALEXANDER, a/k/a “Ryu” 

37 months in prison; two-year term of supervised release 

ARGAM TAJ, a/k/a “Sour” 

60 months in prison; two-year term of supervised release 

SAMUEL TAJ, a/k/a “Sosa” 

48 months in prison; three-year term of supervised release 

CHRISTOPHER MACHADO, a/k/a “Chris Elite” 

36 months in prison; two-year term of supervised release 

ANTONIO EADDY, a/k/a “Storm” 

24 months in prison; three-year term of supervised release 

HARLIE RAMOS, a/k/a “White Girl” 

18 months in prison; three-year term of supervised release 

DEC ANNOUNCES FINALIZATION OF TWO POLICIES TO IMPLEMENT NEW YORK’S AMBITIOUS CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT

 

Measures will Guide Agency Permitting Decisions, Ensure Compliance with Climate Law

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the finalization of two policies that will help DEC continue to implement the Climate Leadership and Community Protection Act (CLCPA). The policies will help guide DEC’s permitting to ensure facilities and other regulated entities are complying with the Climate Act’s stringent requirements to reduce greenhouse gases.

“DEC takes our responsibility to reduce greenhouse gases and protect disadvantaged communities seriously and this includes applying the principles detailed in the Climate Act to permitting," Commissioner Seggos said. "I am confident that with these new policies in place, DEC’s permitting will remain a science-driven and public input-focused process that gives full and accurate consideration to climate justice and the climate impacts of proposed projects throughout the state.”

DEC is issuing as final Commissioner’s Policy 49 (CP-49), “Climate Change and DEC Action,” and Division of Air Resources Policy 21 (DAR-21), “CLCPA and Air Permit Applications.” CP-49 (https://www.dec.ny.gov/regulations/56552.html) updates a policy DEC first issued in 2010 and provides general direction to DEC staff regarding the incorporation of climate change considerations into all agency activities, outlining procedures to ensure compliance with CLCPA Section 7(2) and other provisions of law. The DAR-21 policy (https://www.dec.ny.gov/regulations/2404.html) provides additional detail for analyses developed under Section 7(2) to support air pollution control permit applications.

Section 7(2) of the Climate Act requires New York State agencies to consider whether administrative decisions, such as permitting actions, are inconsistent with or interfere with the statewide greenhouse gas emission limits set by the law. If an agency’s decision is inconsistent with the statewide greenhouse gas emission limits under the CLCPA, a detailed justification is required. If a justification is available, the agency must identify alternatives or greenhouse gas mitigation measures. In December 2021, DEC released the two policies for public review and comment to help implement Section 7(2), and after the review of public comments, finalized the policies announced today. The policies reflect actions DEC staff have been taking since 2020 to ensure compliance with Section 7(2) of the CLCPA as part of permit application reviews.

New York State's Nation-Leading Climate Plan

New York State's nation-leading climate agenda is the most aggressive climate and clean energy initiative in the nation, calling for an orderly and just transition to clean energy that creates jobs and continues fostering a green economy as New York State recovers from the COVID-19 pandemic. Enshrined into law through the Climate Leadership and Community Protection Act, New York is on a path to achieve its mandated goal of a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and to reach economy wide carbon neutrality. It builds on New York's unprecedented investments to ramp-up clean energy including over $35 billion in 120 large-scale renewable and transmission projects across the state, $6.8 billion to reduce buildings emissions, $1.8 billion to scale up solar, more than $1 billion for clean transportation initiatives, and over $1.6 billion in NY Green Bank commitments. Combined, these investments are supporting more than 165,000 jobs in New York’s clean energy sector in 2021, a 2,100 percent growth in the distributed solar sector since 2011 and a commitment to develop 9,000 megawatts of offshore wind by 2035. Under the Climate Act, New York will build on this progress and reduce greenhouse gas emissions by 85 percent from 1990 levels by 2050, while ensuring that at least 35 percent with a goal of 40 percent of the benefits of clean energy investments are directed to disadvantaged communities, and advance progress towards the state's 2025 energy efficiency target of reducing on-site energy consumption by 185 trillion BTUs of end-use energy savings.

RIKERS ISLAND INMATE INDICTED FOR UNPROVOKED ATTACK ON NYC DOC OFFICER

 

Victim Sustained Fractured Eye Socket and Large Cut to His Head

 Bronx District Attorney Darcel D. Clark today announced that a Rikers Island inmate has been indicted on Assault charges for the unprovoked attack on a New York City Department of Correction Officer that left the victim with serious injuries.

 District Attorney Clark said, “The defendant allegedly punched a Correction Officer after a search in the cell found alleged marijuana there. The Officer sustained painful injuries, including a large cut to the back of his head and an orbital fracture. We will seek justice for the Officer, who experienced a physically and emotionally traumatic attack just doing his job.”

 District Attorney Clark said the defendant, Julius Allen, 22, a Rikers Island inmate, was arraigned today on Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional; two counts of second-degree Assault, third-degree Assault, Promoting Prison Contraband, and second-degree Obstructing Governmental Administration before Bronx Supreme Court Justice Ralph Fabrizio. Bail was continued at $150,000 cash/$300,000 bond/$300,000 partially secured bond and the defendant is due back in court on March 15, 2023.

 According to the investigation, on November 16, 2022, at approximately 12:52 p.m. inside the Robert N. Davoren Complex, the 47-year-old victim, who was on the Special Search Team, was in the defendant’s cell and found alleged marijuana inside a lotion bottle. Allen allegedly turned to the victim and punched him in the face, causing him to fall and lose consciousness. Officers who were present and part of the Special Search Team removed the defendant, and the victim was taken to a local hospital. The victim sustained broken bones surrounding his left eye socket and had to undergo surgery. He also sustained a laceration to the back of his head, which required 16 staples. He had substantial pain, bleeding and swelling to his face.

 District Attorney Clark thanked NYC Department of Correction Captain Johanna Banks, NYC DOC Correction Intelligence Bureau Investigators Juan Rivera and Nathaniel Williamson, and Rikers Island Liaison Walter Holmes for their work in the investigation. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt.