NYC Council Votes to Pass Bill That Would Provide New Yorkers with Opportunity to Expand Council Advice and Consent to 20 More Commissioners, Increasing Public Transparency of Appointment Process

 

The New York City Council voted to pass legislation that would require the advice and consent of the Council as part of the appointment process for 20 additional city agency commissioners, upon subsequent approval by voters in a citywide election. Currently, the Council already has advice and consent power for more than a dozen roles, including the Corporation Counsel, Department of Investigations (DOI) Commissioner, and Taxi and Limousine Commission (TLC) Commissioner.

The Council also voted to approve modifications to the City of Yes for Economic Opportunity citywide zoning text amendment. The Council’s modifications to 14 of the 18 proposals address concerns about the initial proposal by including limitations and safeguards, striking the right balance to expand opportunities for small businesses, create jobs, and protect neighborhoods and quality of life for all New Yorkers. The Council also secured commitments to regulate last-mile facilities, support the city’s industrial sector, and boost enforcement resources.

Additionally, the Council passed packages of legislation to address the pay disparity in the municipal workforce and to support the needs of migrants and new arrivals.

“Advice and consent is a safeguard of good government, ensuring the city’s agency leaders are qualified and their priority is the public interest,” said Speaker Adrienne Adams. “When you cut through the noise, the truth is that advice and consent is a common feature of representative democracy in cities and states across this country, including New York, and New York City is an outlier. Today’s vote to pass this legislation supports the Council’s efforts to advance transparency and is a first step in this important conversation about representative democracy that is accountable to its people, and the final decision ultimately must be made by voters.

“In our ongoing commitment to achieve pay equity for our municipal workforce, the Council is proud to pass a package of legislation to ensure our city employees, especially women of color, have equitable access to the opportunities and tools that help them advance their careers,” continued Speaker Adams. As a women-majority Council, and the most diverse in history, our goal is to make government and our entire city work for all New Yorkers.”

Increasing Transparency in Appointment Process for 20 City Agency Commissioners

Introduction 908-A, sponsored by Speaker Adrienne Adams, would require the advice and consent of the Council as part of the appointment process for 20 additional city agency commissioners, upon subsequent approval by voters in a citywide election. During this administration, the Council has approved over 35 appointments of nominees put forward by the mayor without issue. This bill takes an incremental approach to expanding advice and consent and includes guardrails to ensure the process does not delay appointments by requiring Council action within 30 days of receiving a nomination.

The commissioners of the following agencies are covered by the bill: Aging; Buildings;  Children’s Services; Citywide Administrative Services; Consumer and Worker Protection;  Cultural Affairs; Design and Construction; Environmental Protection; Finance; Health and Mental Hygiene; Homeless Services; Housing Preservation and Development; Information Technology and Telecommunications; Parks and Recreation; Sanitation; Small Business Services; Social Services; Transportation; Youth and Community Development; City Planning.

The legislation seeks to move the appointment process for commissioners out of the shadows for greater public transparency. It can ensure appointments of highly qualified commissioners, potential conflicts of interests and ethical issues are proactively resolved and provide an opportunity for appointees to demonstrate their qualifications, build working relationships of trust with stakeholders, and learn more about the range of diverse issues they will be expected to address.

Dual U.S.-Russian Citizen Pleads Guilty to Sending Weapon Components to Russia

 

A dual U.S.-Russian citizen pleaded guilty to conspiracy to violate the Export Control Reform Act by exporting firearm parts, components, and ammunition to Russia without the required authorization.

According to court documents, from at least July 2020 to 2023, Dimitry Timashev, 58, coordinated with an associate in Russia to send weapon parts from the United States to Russia. In exchange, the associate paid tuition for Timashev’s daughter and rent for an apartment in Ekaterinburg, Russia.

Timashev’s associate provided him with the names and addresses to which the firearm components and ammunition were sent. Before July 6, 2022, all the packages were shipped to Russia. After the Russian invasion of Ukraine in Feb. 2022, Timashev could no longer create a U.S. Postal Service label to send packages of firearm components to Russia. Instead, Timashev’s associate directed him to send the components to his relative’s apartment in Kazakhstan, from where the goods would be sent to Russia.

Timashev sent multiple packages of components to Kazakhstan, knowing they were ultimately bound for Russia. He also knew exporting the parts through Kazakhstan to Russia required a license from the Department of Commerce that he did not have. Timashev concealed the illegal exports by misrepresenting the contents of the shipments on the accompanying manifests.

Timashev pleaded guilty to conspiracy to violate the Export Control Reform Act by exporting firearm parts, components, and ammunition to Russia without the required authorization. He is scheduled to be sentenced on Nov. 8 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C., made the announcement.

Homeland Security Investigations; ATF; Department of Commerce’s Bureau of Industry and Security, Office of Export Enforcement; U.S. Postal Inspection Service and U.S. Customs and Border Protection are investigating the case.

Former High School Dean Sentenced To Life Plus Five Years In Prison For 2010 Murder

 

The Defendant, the Leader of the GMG YGz Street Gang, Also Sentenced for Firearms and Narcotics Offenses

Damian Williams, the United States Attorney for the Southern District of New York, announced that ISRAEL GARCIA, a/k/a “Shorty Rock,” the former leader of the Get Money Gunnaz set of the Young Gunnaz street gang (the “GMG YGz”), was sentenced to life plus five years in prison for the October 11, 2010, murder of Alfonso “Joey” McClinton.  GARCIA shot and killed McClinton on a residential street in the Bronx, New York, as part of a dispute over narcotics trafficking territory.  Following a seven-day trial in July 2023 before U.S. District Judge Jed S. Rakoff, who imposed this sentence, a jury also convicted GARCIA of engaging in a conspiracy to distribute narcotics, murder while engaged in a narcotics conspiracy, murder through the use of a firearm, possessing firearms in connection with narcotics trafficking, and attempted witness tampering.

U.S. Attorney Damian Williams said: “This strong sentence reflects our unwavering commitment to holding those who take another life fully accountable for their heinous crimes.  Israel Garcia, a former high school dean who could have had a positive impact on our community, will now spend the rest of his life in prison for the brutal murder of Joey McClinton, for engaging in a narcotics conspiracy, and for witness tampering.  I commend the career prosecutors of this Office and our law enforcement partners for doggedly pursuing this case and for bringing justice to Joey McClinton, nearly 14 years after his death.”    

According to court filings and the evidence presented in court during trial: 

For more than a decade, the defendant controlled the sale of narcotics in the vicinity of East 184th Street and Morris Avenue in the Bronx as the leader of the GMG YGz.  As part of their narcotics operation, GMG YGz members carried firearms and engaged in back-and-forth shootings with neighboring, rival crews.  This violence resulted in, among other acts, the 2010 murder of Alfonso “Joey” McClinton (“McClinton”).  The State of New York arrested and prosecuted GMG YGz member Joseph Johnson, a/k/a “Juice,” for the killing.[1] However, Ballistics, video evidence, and eyewitness testimony revealed that there was a second shooter involved in Mr. McClinton’s murder.  GARCIA was that second shooter.  When GARCIA became concerned that Johnson might cooperate with law enforcement, GARCIA took steps to prevent Johnson from identifying GARCIA as the person with whom he committed the murder.

GARCIA, 33, of the Bronx, New York, was previously found guilty of murder in aid of racketeering, narcotics conspiracy, murder while engaged in a narcotics conspiracy, murder through the use of a firearm, use of a firearm in furtherance of a drug trafficking offense, and attempted witness tampering offenses.  Judge Rakoff imposed the following sentences on each count of conviction, with the sentences on Counts One, Two, Three, Four, and Six to run concurrently with one another, and the sentence on Count Five to run consecutively to all other sentences:

COUNT	SENTENCE
Count One: Murder in Aid of Racketeering	Life in prison
Count Two: Conspiracy to Distribute Controlled Substances	35 years in prison
Count Three: Murder While Engaged in a Narcotics Conspiracy	40 years in prison
Count Four: Murder Through the Use of a Firearm	40 years in prison
Count Five: Possession of a Firearm During and in Relation to a Drug Trafficking Crime	Five years in prison
Count Six: Attempted Witness Tampering	10 years in prison

Mr. Williams praised the investigative work of the Drug Enforcement Administration, the New York City Police Department, the Department of Homeland Security, Homeland Security Investigations, and the U.S. Marshals Service.  

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the U.S. using a prosecutor-led, intelligence-driven, multi-agency approach.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

This case is being handled by the Office’s Narcotics Unit.  Assistant U.S. Attorneys Jacob Gutwillig, Maggie Lynaugh, and Jonathan Bodansky, with the assistance of paralegal specialist Owen Foley, are in charge of the prosecution.

[1] Johnson was convicted at trial of second-degree murder in The People of the State of New York v. Joseph Johnson, Index Number 4311/2010.  On February 3, 2022, the verdict against Johnson was vacated.  Johnson subsequently pled guilty to manslaughter and is serving a 17-year sentence. 

Permits Filed For 4509 Park Avenue In Belmont, The Bronx

 

Permits have been filed to expand a two-story structure into a seven-story mixed-use building at 4509 Park Avenue in Belmont, The Bronx. Located between East 182nd Street and East 183rd Street, the lot is near the 182-183 Streets subway station, serviced by the B and D trains. Shams Shawar of Shamas Contracting Co. is listed as the owner behind the applications.

The proposed 74-foot-tall development will yield 16,326 square feet, with 13,382 square feet designated for residential space and 2,944 square feet for community facility space. The building will have 18 residences, most likely rentals based on the average unit scope of 743 square feet. The masonry-based structure will also have a cellar, a 28-foot-long rear yard, and two open and two enclosed parking spaces.

Saleh and Associates is listed as the architect of record.

Demolition permits will likely not be needed as the project calls for a vertical expansion. An estimated completion date has not been announced.

OIG Releases 2023 Annual Report on Gaming Oversight

 

On the eve of the 156^th running of the Belmont Stakes, New York State Inspector General Lucy Lang released her office’s 2023 Annual Report on Gaming Commission Oversight, detailing the ongoing efforts to ensure integrity, transparency, and accountability within the state’s thriving gaming industry.

"From the backstretches to the barns, casino floors to mobile sports wagering apps, I am proud of the dedication of my staff to ensure New York State’s gaming industry provides a level playing field for all,” said New York State Inspector General Lucy Lang. “In the short time Gaming Commission Oversight has fallen under my office’s jurisdiction, we have made enormous strides in training not only our own staff on how to identify and root out misconduct in various gaming contexts, but also taken that knowledge to the Commission staff we oversee in over thirty in-person trainings. I look forward to the public learning about these efforts and more in our 2023 Annual Report.”

Gaming, gambling, wagering, and the services which accompany its many forms, is a multi-billion-dollar enterprise in New York State, spanning the entire geographic stretch of the state. The operating processes and regulatory requirements for these industries are overseen by the New York State Gaming Commission. Since July 18, 2021, in order to ensure the absence of any self-dealing, conflict, or other fraud in the Commission’s execution of these responsibilities, the Offices of the New York State Inspector General (OIG) has had specific statutory authority to receive and investigate complaints from any source regarding allegations of corruption, fraud, criminal activity, conflicts of interest or abuse in the Commission and to undertake proactive initiatives aimed at preventing, eliminating, and/or detecting such concerns.

As detailed in the Inspector General’s 2023 Annual Report, this past year yielded a record number of gaming-related complaints, including a more than 20% increase from the year prior and 150% increase compared 2021. 2023 also saw OIG engage in extensive outreach and in-person training efforts, involving almost 300 full-time, part-time, and per diem Commission employees. 

In addition, the report includes a detailed review of the impact of the 2022 legalization of Mobile Sports Wagering (MSW) in New York State and OIG’s efforts to ensure its integrity. Since its introduction in January 2022 to December 2023, MSW exceeded all estimates and expectations, generating over $1.5 Billion in State MSW tax revenue.

"Given all the changes and gaming initiatives on the horizon, it will be crucial that OIG continue to increase its visibility with the public, other law enforcement organizations, and of course, the Commission and its licensees and vendors," Lang continued. "I would like to extend my sincere appreciation to Deputy Inspector General for Gaming Lisa Lee and the entire OIG team for their invaluable contributions to our mission.”

Read the IG’s complete report here and follow the office’s work @NewYorkStateIG. 

Senator Rivera’s Statement on the Congestion Pricing Delay

 

State Senator Gustavo Rivera released the following statement on Governor Hochul's decision to delay the implementation of the congestion pricing program.

"I could not in good conscience have supported any proposal to commit a $1 billion dollars a year to address a shortfall unilaterally created by a shortsighted decision from Governor Hochul just one day before the last scheduled session day. The proposals before us included raising this funding through either a payroll tax on New York City residents or an empty promise to find revenue by kicking the can down the road; options that are unacceptable to me and would hurt the constituents I serve. I want to thank Majority Leader Stewart-Cousins for her discerning ability to represent our conference's priorities and focus on the people's business.

 

"Congestion pricing is law. It will positively impact more than 95% of commuters who do not regularly drive their cars into lower Manhattan. That includes the overwhelming majority of my constituents who use a bus or a train every single day. I will not betray them by legitimizing this unjustifiable delay or avoidable fiscal gap it would create.

 

"It takes courage and conviction to bring our city and state into a better future and to invest in what truly benefits New Yorkers in the long run. That is exactly what congestion pricing will do, and I will continue to stand by it."

New York State DEC Announces New 'Love Our New York Lands' Photo Contest

 

Visitors Encouraged to Capture Ways to Safely and Responsibly Enjoy DEC’s Outdoor Offerings

Monthly Contest Kicks Off Seeking Pride Month Submissions through June 30 to Highlight Keeping State Lands Welcoming to All

New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar announced the launch of the 2024 ‘Love Our New York Lands’ photo contest. The online contest will feature five monthly themes through mid-October, with the winning images receiving prizes and featured in statewide digital and print campaigns to help increase awareness of important principles and guidelines that encourage safe, accessible, respectful, and sustainable use of public lands.

“Every day, New Yorkers are outside enjoying DEC public lands and want to share their experiences by capturing beautiful images,” DEC Interim Commissioner Sean Mahar said. “Building upon the success of DEC’s annual fall foliage photo contest, DEC’s multimedia will feature winning photos that help represent the many ways visitors can access, feel welcome, and Love Our New York Lands to protect natural resources for future enjoyment and appreciation by all New Yorkers.”

Each month of the Love Our New York Lands contest will have a different theme. June’s theme is “Pride” to highlight the importance of sharing State lands with all New Yorkers, including the LGBTQIA+ community, and ensuring a safe and welcoming space. Seven winning pictures will be chosen that represent each color of the rainbow Pride flag: pink, red, orange, yellow, green, blue, and indigo/violet. The Pride pictures will be used next year in a curated compilation similar to this year’s image created by DEC and found here, among other potential uses.

 

Prizes will be awarded to the winning entries. Photos will be judged on the following criteria: originality; artistic composition; technical quality; and whether the photograph showcases people enjoying New York’s outdoor activities safely and responsibly.

 

Pride month submissions should be emailed to social@dec.ny.gov by June 30 with the subject line “LONYL Photo Contest.” Full name, the DEC land where the image was taken (if applicable), and Instagram/social media handle should also be included. Themes for future months of the contest will be announced later this summer.

New York State has many wonderful opportunities to get outside and enjoy activities year-round, including birding and wildlife viewing; warm-weather adventures such as swimming, biking, and horseback riding; cold-weather pursuits such as skiing, snowshoeing, and snowmobiling; and even more challenging adventures like geocaching or rock and ice climbing. For accessible recreation, check out the Accessible Recreation destinations webpage.

The Love Our New York Lands campaign, launched in 2020 by DEC and State Parks, encourages all users of state-owned lands to recognize that these lands are shared by ALL of us, our families, and our neighbors, and we all need to take care of them. The campaign includes guidance on Leave No Trace™ principles so that visitors can do their part to help ensure these special places are protected for future generations. Love Our New York Lands encourages visitors to be respectful of other visitors in these shared spaces. Visitors are asked to share trails, treat people with kindness, and leave things as they found them for others to enjoy. Visitors are encouraged to think of themselves as responsible for helping protect these irreplaceable destinations for future generations. More information is available on DEC’s website.  

OHIO MAN INDICTED IN 2005 BRONX MURDER

 

Advanced DNA Technology Linked Defendant to the Killing; DNA on His Cigarette Butt and Under Victim’s Nails Matched

Bronx District Attorney Darcel D. Clark today announced that an Ohio man has been indicted for the 2005 fatal stabbing of his ex-girlfriend after advancements in DNA technology linked him to her murder. 

District Attorney Clark said, “The defendant thought he successfully escaped responsibility for this heinous act. Thanks to the forensic expertise and the determination of investigators, he now faces justice. My prosecutor told the victim’s daughter that her mother’s alleged killer was finally charged in court, and she said “…You have no idea what you have done for us. I have no words.’” 

District Attorney Clark said the defendant, James Devore, 54, of Mansfield Ohio, was arraigned today by Bronx Supreme Court Justice George Villegas on second-degree Murder, first-degree Manslaughter and fourth-degree Criminal Possession of a Weapon. He was remanded and is due back in court on June 18, 2024. 

According to the investigation, Erica Robertson, 29, had been in an intimate relationship with Devore until 2004. On the evening of Tuesday, November 22, 2005, the victim along with her daughter and Devore’s daughter were in an apartment in 1246 Grant Avenue, in the Bronx. The next morning the victim’s daughter entered her mother’s bedroom and found her bloody body on the floor and a work glove nearby. The victim had been stabbed in the chest.

After the incident the defendant moved to Ohio. In early December of 2005, detectives from the 44th Precinct interviewed him there and afterwards secured a discarded cigarette butt. 

In 2022 the victim’s nails were located, tested and compared to the evidence in the case. Testing revealed that there was male DNA on her fingernails and that it matched the DNA on the cigarette butt and the glove. It was due to the advances in DNA over the last 18 years that the lab was able to achieve this result. 

The grand jury voted an indictment on May 22, 2024. The defendant was brought into custody on May 29, 2024, by U.S. Marshals in Ohio and NYPD detectives brought him to the Bronx on June 5, 2024. In 2005, the Office of Chief Medical Examiner’s Department of Forensic Biology examined the cigarette butt and the glove recovered in the case. They were able to develop DNA profiles. In July of 2020 the Cold Case Unit of the NYPD revived the investigation.  

District Attorney Clark thanked the Office of Chief Medical Examiner, Department of Forensic Biology for their work in the case.

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