Council to Vote on Fire and Emergency Safety Bill Package

Council to also vote on package of resolutions calling on the New York State Legislature to act on rent regulations

  the New York City Council will vote on a package of fire and emergency safety bills. The Council was prompted to introduce legislation to address fire safety after a series of Bronx fires in late December and early January that resulted in 15 deaths and 29 injuries. In addition, the Council will vote on a number of finance and land use items.

Fire and Emergency Safety Package

Requiring the FDNY to Conduct Outreach and Education to Residential Buildings

Introduction 599-A, sponsored by Speaker Corey Johnson, would ensure fire safety guides are distributed in apartment buildings and fire safety and prevention educational materials as well as relevant trainings are provided to building staff. Additionally, the FDNY would be required to submit annual reports on such outreach efforts.

“The Council will do everything in its power to make sure tragedies like we saw in the Bronx over the winter do not happen again. With this package, we will require New York’s bravest to ensure that all residential tenants are provided with fire safety information to assist our City’s families remain safe in their homes. I thank Fire and Emergency Management Committee Chair Joseph Borelli, Housing and Buildings Committee Chair Robert Cornegy and all my colleagues for their efforts and support on these bills,” said Speaker Corey Johnson.

Mandating Self-Closing Doors in Residential Buildings

Introduction 602-A, sponsored by Council Member Joseph Borelli, would require that all doors in residential occupancies be self-closing by July 31, 2021, and also creates a class C violation of the Housing Maintenance Code for a failure to keep and maintain self-closing doors.

“This bill will save lives. I know that this package of bills, including the education and outreach components of my colleagues’ legislation, will make our city a safer place. I’m so grateful to Speaker Johnson, my colleagues, and the wonderful committee staff for all of their hard work and determination to accomplish this,” said Council Member Joe Borelli. 

Requiring the FDNY to Meet Standards for Fire Hydrant Inspections and Report on  Inspection Results

Introduction 603-A, sponsored by Council Member Costa Constantinides, would codify the Fire Department’s existing hydrant inspection practice. Additionally, the Department of Environmental Protection would be required to report on the occurrence and results of such inspections; including information on the number of hydrants subject to inspection, the number of inspections that occurred in the prior calendar year, the number of hydrants found to be inoperable through inspection, the number of hydrants found inoperable and classified as priority hydrants, and the number of priority hydrants not subsequently repaired after being found inoperable.

Mandating Smoke Alarms in Residential Buildings

Introduction 604-A, sponsored by Council Members Robert Cornegy and Chaim Deutsch, would require that after January 1, 2021, smoke alarms in residential occupancies that are installed within 20 feet from a fixed cooking appliance must comply with standards for reduction of nuisance alarms.

“Promoting the safety and well-being of New Yorkers is the number one priority of the Council’s Committee on Housing & Buildings. As the Committee Chair, I am proud to sponsor this piece of legislation which, along with several others sponsored by my colleagues, will make critical updates to the City’s building and fire codes to increase fire safety in residential buildings throughout our city,” said Council Member Robert Cornegy. 

Developing Emergency Evacuation Preparedness for Individuals with Disabilities or Limited Mobility

Introduction 606-A, sponsored by Council Members Donovan Richards and Chaim Deutsch, would require the FDNY, in consultation with the Office of Emergency Management and the Mayor’s Office for People with Disabilities, to develop a checklist to assist individuals with disabilities or limited mobility in developing individualized emergency evacuation plans.

“After Sandy, I saw firsthand the trouble many seniors and New Yorkers with disabilities experienced while having to evacuate their homes in an emergency. It was clear that residents, landlords and the city could be doing so much more to prepare for the next storm or fire. Int. 606-A focuses on properly preparing residents by requiring that FDNY, OEM and the Mayor’s Office for People with Disabilities help residents create a checklist for their own individualized evacuation plans. I’d like to thank Speaker Johnson and Chair Cornegy for their support on this legislation,” said Council Member Donovan Richards.

“Today the Council is passing a package of fire prevention bills to increase protections for residents living in multiple dwellings, as well as urging outreach and education to New Yorkers to teach fire safety methods. In 2017, our City lost more than 70 people to fatal fires, many of which could have been prevented. I’m grateful to Speaker Corey Johnson and Fire Committee Chair Councilman Joe Borelli for their leadership, and my colleagues Councilmembers Ritchie Torres, Robert Cornegy, Donovan Richards, and Costa Constantindes for their partnership as we endeavor to protect New Yorkers and prevent fires. During the last several years, my district suffered two fatal fires – one claimed the lives of seven young brothers and sisters, and the other, a mother and her three children. We must do everything in our power to ensure that this never happens again, and I’m pleased to be passing this package of bills as a step towards preventing future injury or fatalities,” said Council Member Chaim Deutsch. 

Mandating the Posting of Notices to Close Apartment Doors When Escaping a Fire

Introduction 608-A, sponsored by Council Member Ritchie Torres, would require the posting of notices within residential buildings regarding the importance of closing doors when escaping a fire to prevent the spread of fire.

Requiring the FDNY to Implement a Plan for Educating both Children and Parents about Fire Safety and Prevention

Introduction 609-A, sponsored by Council Member Ritchie Torres, would require the FDNY, in consultation with the Department of Education, to develop and implement a plan for educating children and parents about common fire dangers and prevention measures. Such plan will include outreach at schools, public service announcements, and information on preventative measures to be taken by parents. Additionally, the FDNY will be required to report annually on such efforts. 

Mandating Stove Knob Covers in Residential Buildings

Introduction 610-A, sponsored by Council Member Ritchie Torres, would require that all landlords provide stove knob covers to tenants in units where children under the age of six reside to prevent the children from using the stove.

“This comprehensive legislative package on fire safety, prevention and education will save lives and can prevent household fires from happening. By legislating the installation of stove safety knobs and proactively educating residents about fires, we are aiming to prevent another catastrophe. I thank Borough President Diaz Jr. and Councilman Deutsch for their partnership on these bills and advocacy on fire prevention, and look forward to their enactment into law,” said Council Member Ritchie Torres. 

Rent Regulations Resolutions Package

The Council will also be voting on several resolutions calling on the State to strengthen rent laws. Although the State law on rent regulation does not expire until next June, it is possible that the State Legislature may pursue the renewal of rent laws before the end of the State’s legislative session. The Council is urging the State to make the changes that are called for in the resolutions, which would help preserve thousands of rent regulated units.

Resolution No. 326, sponsored by Speaker Corey Johnson, would call on the State to enact S.6527/A.6285, in order to limit rent increases where landlords are charging a preferential rent and would only allow an increase from a preferential rent to a legal regulated rent upon vacancy of the unit, not at renewal.

Resolution No. 325, sponsored by Speaker Corey Johnson, calls on the state to enact S. 3179/A.5557, which would repeal the “Urstadt law” and allow New York City to regulate residential rents.

Resolution No. 327, sponsored by Speaker Corey Johnson, would call on the State to enact legislation extending the statute of limitations for rent overcharges.

Resolution No. 328, sponsored by Speaker Corey Johnson, would call on the State to enact legislation that would require the surcharge cease once the owners to recoups the cost of building-wide improvements.

Resolution No. 332, sponsored by Council Member Robert Cornegy, calls upon the State to enact S.1593/A.9815, which would repeal the vacancy bonus.

Resolution No. 331, sponsored by Council Member Robert Cornegy, would call on the State to enact legislation that would repeal vacancy decontrol.

Resolution No. 339, sponsored by Council Member Keith Powers, would state that the City Council supports State legislation that would set the percentage rent increase available to owners of certain rent-controlled apartments to the lesser of 7.5 percent or an amount equal to the average of the previous five rent guidelines board increases.

Resolution No. 340, sponsored by Council Member Carlina Rivera, would state that the City Council supports State legislation that would extend rent stabilization to unregulated apartments. 

The City Council will also vote on the following finance item(s)…

The Council will be voting on five Article XI property tax exemptions.

Livonia Regina ‒ Council Member Justin Brannan

Mosholu Grand ‒ Council Member Andrew Cohen

153 Manhattan Avenue ‒ Council Member Mark Levine

Grower Green ‒ Council Member Antonio Reynoso

Leggett Avenue ‒ Council Member Diana Ayala 

The City Council will also vote on the following land use item(s)…

Montefiore Cemetery

The Council will vote on a bill that would allow a cemetery corporation that owns land in Queens to use up to two additional acres acquired before 1973 for cemetery uses, provided such land is across the street and such cemetery corporation first obtains approval for such use from the Council.  This bill is necessary to effectuate an application by Montefiore Cemetery to convert land it has used as a parking lot into additional burial plots. The project is in Council Member I. Daneek Miller’s district.

NYPD 116th Police Precinct

The Council will vote on the site selection of the 116th Police Precinct in Queens.  This is a major milestone in addressing the longer than average response times by NYPD for residents in Southeast Queens. The 105th Precinct manages over 350 miles of roadway, and residents who rely on this precinct for emergency response face longer than average response times compared to the rest of the City. The addition of the 116th Police Precinct will assume half of the 105th Precinct’s territory to allow the NYPD to respond faster to emergency events in Southeast Queens. Local civic leaders in Rosedale, Laurelton, and Springfield Gardens have advocated for this additional NYPD presence for over 40 years, in Council Member Donovan Richards’ district.

St. Andrew’s Community Day Care Center

The Council will vote to approve the site selection of a day care facility in Council Member Carlos Menchaca’s district.

1618 Fulton Street

The Council will vote on the Department of Housing Preservation and Development (HPD’s) application for approval of an Article XI tax exemption to facilitate the development of an 100 unit, 100% affordable housing building, in Council Member Robert Cornegy’s district.

1490 Southern Boulevard

The Council will vote on HPD’s application for approval of an Urban Development Action Area Project (UDAAP) to facilitate the development of a 10-story mixed-use building with 114 units of affordable senior housing, on-site supportive services, and a 4,500 SF community facility space to be occupied by the LGBT Network.  This project is located in Council Member Rafael Salamanca’s district.

Paul Robeson Houses

The Paul Robeson Houses is seeking an Article XI tax exemption to facilitate the preservation of two 100% affordable buildings, totaling 81 units, in Council Member Bill Perkins’s district.

Archer Green

HPD is seeking Council approval of an Article XI Tax Exemption to facilitate the construction of a 350-unit mixed-use development in downtown Jamaica, Queens. This affordable housing development is in Council Member I. Daneek Miller’s District.

Speaker Corey Johnson and 19 Members of the New York City Council Introducing Package of Bills to Eliminate Lead Poisoning

Biggest Overhaul to City Lead Laws Since 2004

   In a groundbreaking effort to eliminate childhood lead poisoning in the five boroughs, the City Council on Wednesday will introduce a package of legislation that strengthens, expands and establishes new protections on the city’s lead laws. The proposal is the largest single overhaul of lead laws in 14 years. According to the most recent statistics, some 5,000 children tested positive for high levels of lead in 2016, or about 1.65% of the one to two year olds tested annually as required by state law. The number is down from 12.5% in 2005.

This package of bills will require the city to conduct more thorough investigations when children test positive for high lead blood levels – including in the exposed child’s day care, preschool, and parks and play areas. That expanded investigation process will also for the first time be required if a pregnant woman is found with high blood levels. The package will lower the threshold for what counts as elevated blood lead to 5 micrograms per deciliter (ug/dL), which matches the Centers for Disease Control standard. The city’s current level – which is the standard used to instigate a mandatory investigation – is three times higher.

“We know that we can never be too vigilant when it comes to protecting our children from the dangers of lead. Although we have made great strides reducing lead poisoning cases over the past decade, there are gaps in those laws that have stopped us from truly eliminating this toxic substance from our homes, our water supply, and our soil. This package addresses those gaps and will make our children safer. These bills are truly a team effort, and I want to thank my Council colleagues for all of the hard work putting this together,” said Council Speaker Corey Johnson, who sponsored two of the 23 bills in the package.

Description of the bills are as follows:

Investigating sources of lead poisoning (Speaker Johnson)

Under current law, when a child is found with an elevated blood lead level (BLL), the Department of Health and Mental Hygiene (DOHMH) has to look for potential sources, but they are only required to check the child’s apartment for lead paint.

This bill expands the number of places DOHMH is required to check to include –

  Other units in the building occupied by children

 Other units where the lead-poisoned child spends a significant amount of time.

  Child-related facilities (e.g. daycare facilities, preschools/nursery schools, schools, etc.) that the child attends

  Parks/play areas that have soil and are near one of the above (or that DOHMH’s investigation suggests that the child visits)

This bill also expands the kinds of lead source DOHMH has to look for so the three main sources of lead exposure are covered –

  Paint (lead-based paint that’s peeling or chipped)

  Water

  Soil

Include pregnant mothers in lead investigation regime 

• This bill would require DOHMH to investigate source of lead poisoning when it learns of a pregnant mother with elevated blood lead level (same investigation that would be required above when DOHMH finds a child with an elevated blood lead level).

• Tighten standards for what counts as “elevated” blood lead levels and establish appropriate action levels for lead in paint, soil, dust, and water (Speaker Johnson)
  • Water lead levels: There isn’t a locally established “action level” (i.e. a lead level where remediation of some kind is required). This bill sets the City’s action level at the EPA standard -15 parts per billion (ppb)
  • Soil lead levels: There are local standards for lead in dust (e.g. dust generated when doing work on an area covered in lead paint), but there aren’t direct local action levels for lead in soil. This bill sets City’s soil action levels at EPA standards – 400 parts per million (ppm) if it’s a play area where children are likely to encounter a lot of bare soil, and 1,300 ppm otherwise
  • Lead-based paint and dust – This bill reduces amount of lead acceptable in paint and in dust (following work to remediate lead paint hazard)
  • Blood lead levels: This bill sets the City’s threshold for a mandatory DOHMH investigation to be triggered at 5 micrograms per deciliter (ug/dL), which is the same as the Centers for Disease Control. The current city threshold for a mandatory DOHMH investigation is 15 (three times as high).

• Establish lead testing/remediation requirements for facilities that serve children

• • Requires checks for lead hazards (paint, soil, and water) in facilities that serve children (e.g. daycare, preschools, nursery schools, other schools)
  • This will be addressed through five separate bills sponsored by:
  • Council Members Inez Barron. Donovan Richards, Ydanis Rodriguez, Mark Treyger, and Andy King

• Requirements for housing
  • Current law
  • In multiple dwellings (3+ units) built before 1960 (and certain buildings built before 1978), owner has to do annual checks for lead-based paint hazards (if a child under 6 resides in unit)
  • In multiple dwellings built before 1960 and in 1-2 family buildings used as rentals, when apartments turnover (i.e. are vacated by a tenant), owner has to do a check for lead-based paint hazards and remediate (whether a child is moving in or not)

• • Package expands those requirements in some key ways –

• • • Paint-
    • Requires that, when apartment undergoes first vacancy that’s 5+ years from now, lead-based paint has to be permanently removed or encapsulated (i.e. end lead paint in apartments) 
    • Expands periodic checks for lead-based paint hazards to 1-2 family buildings that are used as rentals (instead of just multiple dwellings), if building was built pre-1960 
    • Requires that, at least once in every five years, required checks for lead-based paint hazards must be done by an independent, third-party certified by EPA 

• • • Water

• • • • Requires owners of multiple dwellings and 1-2 family buildings used as rentals to do periodic checks of lead levels in potable water 

• • • Soil

• • • • Requires owners of multiple dwellings and 1-2 family buildings used as rentals to do periodic checks of lead levels in soil areas onsite

• Parks/playgrounds safety

• • Water: Public water fountains can be a significant source of lead. This bill requires periodic lead testing for public water fountains

• • Soil: Soil can be a source of lead in children. This bill requires periodic tests of soil areas in public parks/play areas.

• Miscellaneous bills –

• Blood lead screening referrals: This bill would have city agencies that routinely provide services relating to kids (e.g. ACS) determine whether or not the child was screened for elevated blood lead levels and, if not, refer the child to a doctor/local health unit for screening.
• Require that any legally required water test involve a “first draw” in settings not covered by state law/
• Require the City to map where the lead supply mains/service lines are in the City.
• Reporting on enforcement and testing results, effectiveness of City’s lead prevention/enforcement measures (to ensure these laws/rules are being meaningfully enforced).
• Requiring DOHMH to do a comprehensive outreach/education campaign relating to preventing childhood poisoning (including outreach to limited English communities).
• Require better communication between the Department of Buildings, DOHMH, and other relevant City agencies relating to lead safety measures required during work, and clarify mechanism that agencies can use to stop work in order to ensure those measures are in place/being followed.

EDITOR'S NOTE:

  Why were these bills not sponsored and passed in the previous term of the city council where the majority of the council remains the same?

With that thought in mind what make current council members think that these bills will pass this council term when they could not pass in the previous council under a majority of the same council members?  

Statement by Speaker Corey Johnson on Plan for Overdose Prevention Centers

  “The Council has been a leader in the push to bring these centers to New York City, and we thank Mayor de Blasio for taking this brave, important and necessary step. Too many people have died from opioids and heroin. These sites will save lives and connect addicts with treatment options and trained professionals that could lead them to recovery. This is something that I championed during my time as Chair of the Council Health Committee, and is an issue that has deep personal significance to me. I am proud of our city today for taking bold steps to address a problem that’s gripped this country, and I hope other cities follow our lead and allow safe sites like these.”

Three Charged With Conspiring To Distribute More Than 100 Grams Of Carfentanil In The Bronx

Carfentanil, a Fentanyl Analogue 100 Times More Potent Than Fentanyl, can be Lethal in Doses of as Little as 20 Microgram

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York,  James J. Hunt, Special Agent in Charge of the U.S. Drug Enforcement Administration’s New York Field Division (“DEA”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests and unsealing of Complaints charging MIGUEL ESCANO, EMANUELLI RIVERA, and PEDRO DISLA ROJAS with conspiring to distribute heroin and more than 100 grams of carfentanil, a controlled substance analogue of fentanyl.  ESCANO, RIVERA, and ROJAS were presented yesterday before Magistrate Judge James L. Cott in Manhattan federal court.

U.S. Attorney Geoffrey S. Berman said:  “These defendants are alleged to have been engaged in the production and distribution of large quantities of carfentanil.  Carfentanil is a potentially lethal drug 100 times more potent than fentanyl.  As little as .00002 grams can kill.  A substance meant as an elephant tranquilizer should not be hitting the streets as a recreational drug.  Thanks to our law enforcement partners for their efforts to stem the tide of lethal opioids.”

DEA Special Agent-In-Charge James J. Hunt said:  “This investigation is about more than just arrests and seizures, it is a public health warning.  Carfentanil is death, and drug dealers are packaging it for sale on the streets of New York City.  Law enforcement is battling the opioid suppliers on the front lines and this drug has the potential to double or triple overdose rates if we don’t get it off the streets quickly and warn users of its extreme danger.”

HSI Special Agent-in-Charge Angel M. Melendez said:  “The individuals charged today are alleged to have introduced a drug that is one hundred times more potent than fentanyl to our Bronx neighborhoods.  Law enforcement is paying close attention to those who are profiting in this nefarious drug game to ensure that the perpetrators are arrested and face prosecution.”

NYPD Commissioner James P. O’Neill said:  “Anyone who continues to peddle this poison on the streets of New York City should be prepared for the full weight of our nation’s best investigators to bear down on them.  I commend everyone involved in this case, particularly the members of the New York Drug Enforcement Strike Force, as they have proven again just how effective our law enforcement partnerships really are.”

State Police Superintendent George P. Beach II said:  “The work of the New York Drug Enforcement Task Force stopped these dangerous and potentially deadly drugs before they could reach the streets of New York.  We have no tolerance for those who allegedly continue to traffic narcotics with no regard to the damage they inflict in our communities, and anyone who does can expect to end up in prison.  We will continue to work with our federal and local partners to prevent the flow of these illegal drugs from reaching our neighborhoods.”

According to the allegations in the Complaints[1]:

On three separate occasions between January and March 2018, ESCANO sold an individual acting at the direction of law enforcement a substance containing carfentanil in transactions that involved 50 grams, 70 grams, and 70 grams, respectively.  RIVERA assisted with the January 2018 sale.  Carfentanil is used as a tranquilizing agent for elephants and other mammals, is 100 times more potent than fentanyl, and can be lethal in doses of as little as 20 micrograms depending on the way it is administered and other factors.  

As law enforcement officers prepared to execute a search warrant on a Bronx apartment on May 9, 2018, RIVERA exited the apartment and was arrested.  Law enforcement seized approximately 100 grams of suspected narcotics in connection with the arrest of RIVERA, which have not yet been tested because the substance needs to be examined in a laboratory environment in light of the potentially lethal nature of carfentanil.  Following the arrest of RIVERA, law enforcement officers searched the apartment and found ROJAS inside.  During the search, law enforcement officers seized, among other things, suspected narcotics and materials commonly used in the production and distribution of narcotics, such as respirator masks, grinders, strainers, glassine bags stamped with the names “Sweet Dreams” and “Nasty Boyz,” a wooden press, and a stamp with the words “My Angel.”  Law enforcement arrested ROJAS in connection with the search of the apartment.

RIVERA, 32, of the Bronx, and Rojas, 38, of the Bronx, were each charged with one count of conspiring to distribute carfentanil and heroin, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.

ESCANO, 30, of the Bronx, was charged with one count of conspiring to distribute carfentanil, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years.

The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendants would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the DEA’s New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.

The charges contained in the Complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth herein constitute only allegations, and every fact described should be treated as an allegation.

Former Energy Company Executive Pleads Guilty In Connection With The Bribery Scheme Of Former Executive Deputy Secretary To The Governor Of New York

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that PETER GALBRAITH KELLY JR., a former executive at Competitive Power Ventures (“CPV”), pled guilty to defrauding CPV by misrepresenting that the former Executive Deputy Secretary to the Governor, Joseph Percoco, had obtained state ethics approval for his wife to work at CPV.  After an eight-week jury trial, co-defendants Joseph Percoco and Steven Aiello were convicted of charges relating to bribery.  The jury was deadlocked on the charges against Kelly.  Joseph Gerardi was acquitted of all charges.  KELLY pled guilty to one count of conspiracy to commit wire fraud before United States District Judge Valerie E. Caproni.

U.S. Attorney Geoffrey Berman said:  “Braith Kelly was involved in a criminal scheme to bribe of one of the most powerful men in New York in exchange for favorable treatment for his energy company.  Today he pled guilty for his part in the scheme and now faces time in prison.  Corruption in Albany casts a shadow over the many honest public servants who do good work in the administration of government, and deprives the citizens of New York of the honest representation they deserve.”

According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:                                                                           

KELLY ran monthly payments to Percoco and his wife through a consultant who worked for the Energy Company in order to disguise the source of the payments.  KELLY also made sure that Percoco’s wife’s photograph and full name were not included in promotional materials for the Energy Company, and he falsely told his superiors at the Energy Company – on two separate occasions – that Percoco had obtained an ethics opinion from the Governor’s Office approving of Percoco’s wife’s employment with the Energy Company, when in fact no such opinion existed.  For his part, Percoco concealed the criminal scheme by failing to include the Energy Company as the source of payments on his State-mandated financial disclosure forms.                                                                                                

KELLY, 54, of Canterbury, Connecticut, pled guilty to an Information that charges him with one count of Conspiracy to Commit Wire Fraud.  It carries a maximum penalty of five years in prison and a fine of the greatest of $250,000, twice the gross pecuniary gain derived from the offense, or twice the gross pecuniary loss to persons other than the defendant resulting from the offense.  KELLY is scheduled to be sentenced on September 28, 2018, by Judge Caproni.

Percoco was convicted on March 13, 2018, after an eight-week trial, of soliciting and accepting bribes in return for taking official state action to benefit CPV and Syracuse-based real estate developer COR Development (“COR”).  Percoco is scheduled to be sentenced by Judge Caproni on June 11, 2018.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. 

U.S. Attorney Berman praised the work of the Buffalo Field Office of the Federal Bureau of Investigation and New York Office of the Internal Revenue Service-Criminal Investigation, which jointly conducted this investigation with special agents from the U.S. Attorney’s Office.  Mr. Berman also thanked the New York State Attorney General’s Office.

Statement Of U.S. Attorney Geoffrey S. Berman On The Conviction Of Former State Assembly Speaker Sheldon Silver

  Sheldon Silver, the former New York State Assembly Speaker, took an oath to act in the best interests of the people of New York State.  As a unanimous jury found, he sold his public office for private greed.  

I commend the career prosecutors of our Office’s Public Corruption Unit, whose determination in securing this important conviction fittingly underscores the importance of pursuing cases against corrupt politicians, no matter the difficulty.  One of the most worthy endeavors of this Office is combatting public corruption.  We will continue to do so with the independence and resolve the Southern District is known for and the citizens of New York so rightly deserve.

Daniel Delvalle, Member Of Bronx Drug Crew, Sentenced For Murder Of Kenya Miller

  Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that DANIEL DELVALLE, a/k/a “BD,” a/k/a “Danny,” 31, was sentenced today by United States District Judge Naomi Reice Buchwald to a term of 156 months in prison for his participation in the murder of Kenya Miller, 26, on June 29, 2010.  The sentence imposed by Judge Buchwald will be served consecutively to the 120-month prison term imposed on DELVALLE on June 4, 2014, by United States District Judge William H. Pauley III, for DELVALLE’s participation in a conspiracy to distribute crack cocaine.  

United States Attorney Geoffrey S. Berman said:  “Daniel Delvalle was responsible for the murder of 26-year-old Kenya Miller.  As a result of that horrible and senseless crime, he will spend 23 years in prison.  We thank our law enforcement partners for their outstanding efforts, and we will continue to work with them to keep our communities safe.”

According to the Indictment, and other documents filed in the case, as well as statements made during the sentencing proceedings:

Between approximately 2006 and 2012, two rival drug crews based their operations in and around the E. Roberts Moore Houses (the “Moore Houses”) in the vicinity of Cauldwell and Concord Avenues in the Bronx, New York.  One such crew was headed by DELVALLE.  Members of the DELVALLE crew primarily sold crack cocaine supplied to them by DELVALLE.  Members of the DELVALLE crew also possessed and used firearms in order to protect themselves and their drug territory, and they were responsible for a number of drug-related shootings in the area. 

On June 29, 2010, Miller was killed by a member of the DELVALLE crew (“CC-1”).  Miller’s murder was ordered by DELVALLE, who had been upset with Miller for allegedly assaulting members of the DELVALLE crew.  As a result, on the day of the murder, when DELVALLE saw Miller in the vicinity of the Moore Houses, DELVALLE told CC-1, in substance and in part, to retrieve a firearm and to kill Miller.  CC-1 followed those instructions: CC-1 retrieved a gun belonging to the DELVALLE crew, followed Miller into an apartment building, and then shot Miller several times in an elevator.    

Mr. Berman praised the work of the New York City Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration.