STATEMENTS FROM MAYOR DE BLASIO, CORPORATION COUNSEL JOHNSON AND COMMISSIONER MOSTOFI ON END OF TRUMP ADMINISTRATION’S PUBLIC CHARGE RULE

 

Mayor Bill de Blasio, Corporation Counsel James E. Johnson and Immigrant Affairs Commissioner Bitta Mostofi today released the following statements celebrating the end of the Trump Administration’s public charge rule:

 

Statement from Mayor Bill de Blasio:­­ 

 

“Today, hundreds of thousands of New Yorkers can rest easier knowing that the Trump administration’s public charge rule is over, once and for all. We fought relentlessly in court against Trump’s policy that placed millions at risk during the worst public health crisis of our lifetime—and we won. We will never stop fighting for the rights and health of our immigrant neighbors.” 

 

Statement from Corporation Counsel James E. Johnson:

 

“When new immigrants arrive in the city, they come with hopes, dreams, a fresh and enriching perspective and, sometimes, not much more.  We don’t ask ‘how much do you have?’  Rather, we ask ‘what can you become?’  Thankfully, we now have an administration that both acknowledges how much our immigrant community has suffered during the pandemic and wisely recognizes how vital it is to our recovery. Today we welcome the steps taken to reverse this cruel policy and get us back on a just and productive track.”

  

Statement from the Mayor’s Office of Immigrant Affair’s Commissioner Bitta Mostofi: 

 

“We join our partners in celebrating the end of the heartless public charge rule. The Biden administration rightly recognized the devastating impact of this unconscionable Trump administration policy on immigrant communities, perpetuating fear and confusion throughout the COVID-19 pandemic. We commend the incredible efforts taken by coalitions of advocates, local governments, and community partners alike in this fight to protect the health, safety, and well-being of all our families. Immigrant New Yorkers: if you have questions about the end of public charge and what it means for you and your loved ones, you can call ActionNYC at 800-354-0365 for City-funded, free and safe immigration legal help.” 

  

297 days and Counting

Democrats in Albany, What's taking you so long to get rid of Andrew Cuomo? I want to run for governor so I can do to New York State what I have done to New York City.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic March 9,2021

 

4,899 Patient Hospitalizations Statewide

1,011 Patients in the ICU; 675 Intubated

Statewide Positivity Rate is 3.93%

75 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"COVID-19 is continuing to spread across the state, but progress on vaccinations and the numbers are turning the tables in our favor. The hard work, dedication and perseverance of New Yorkers is starting to pay off, and we need to double down on safe behaviors to get the state through to the light at the end of the tunnel," Governor Cuomo said. "Our vast vaccine distribution network continues to expand as we receive more supply and get more shots in arms, and we're working to get the vaccine to underserved communities across the state. New Yorkers should continue washing their hands, wearing masks and staying socially distanced so we can defeat the COVID beast together and look ahead to the future."

It is important to note that data, including test results and hospital rates, reported early in the week are often not completely reflective of the current situation due to lower discharges and testing volume over the weekend. Data trends over a period of time, such as using 7-day averages, are a preferred metric.

Today's data is summarized briefly below:

• Test Results Reported - 174,514
• Total Positive - 6,850
• Percent Positive - 3.93%
• 7-Day Average Percent Positive - 3.16%
• Patient Hospitalization - 4,899 (+69)
• Net Change Patient Hospitalization Past Week - -470
• Patients Newly Admitted - 478
• Hospital Counties - 51
• Number ICU - 1,011 (+6)
• Number ICU with Intubation - 675 (+6)
• Total Discharges - 150,813 (+340)
• Deaths - 75
• Total Deaths - 39,169

Operator Of Racehorse Doping Websites Sentenced To 18 Months In Prison

 

Scott Robinson also Ordered to Forfeit Over $3,000,000

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that SCOTT ROBINSON was sentenced today to 18 months in prison in connection with ROBINSON’s years-long sale and distribution of adulterated and misbranded drugs, including performance-enhancing drugs marketed to racehorse trainers and others in the racehorse industry.  ROBINSON pled guilty to a one-count Information on September 16, 2020, before U.S. District Judge J. Paul Oetken, who also imposed today’s sentence.

U.S. Attorney Audrey Strauss said:  “Scott Robinson created and profited from a system designed to exploit racehorses in the pursuit of speed and prize money, risking their safety and wellbeing.  Robinson sold unsanitary, misbranded, and adulterated drugs, and misled and deceived regulators and law enforcement in the process.”  

According to the Indictment, the Superseding Information to which ROBINSON pled guilty, and other court documents, as well as statements made in public court proceedings:

From at least in or about 2011 through at least in or about March 2020, ROBINSON conspired with others to manufacture, sell, and ship millions of dollars’ worth of adulterated and misbranded equine drugs, including performance-enhancing drugs (“PEDs”) intended to be administered to racehorses for the purpose of improving those horses’ race performances in order to win races and obtain prize money.  ROBINSON sold these drugs through several direct-to-consumer websites designed to appeal to racehorse trainers and owners, including, among others, “horseprerace.com.” 

ROBINSON contributed to the conspiracy by, among other things, sourcing chemicals used to create custom PEDs that were advertised and sold; falsely labeling, packaging, and shipping those PEDs to customers across the country, including in the Southern District of New York; and collecting, reporting, and responding to employee and customer complaints regarding the misbranded and adulterated products advertised and sold online.  Among the drugs advertised and sold during the course of the conspiracy were “blood builders,” which are used by racehorse trainers and others to increase red blood cell counts and/or the oxygenation of muscle tissue of a racehorse in order to stimulate the horse’s endurance, which enhances that horse’s performance in, and recovery from, a race, as well as customized analgesics that are used by racehorse trainers and others to deaden a horse’s nerves and block pain in order to improve a horse’s race performance.  The drugs distributed through the defendant’s websites were manufactured in non-FDA registered facilities and carried significant risks to the animals affected through the administration of those illicit PEDs.  For example, in 2016, ROBINSON received a complaint regarding the effect of his unregulated drugs on a customer’s horse: “starting bout 8 hours after I give the injection and for about 36 hours afterwards both my horses act like they are heavily sedated, can barely walk.  Could I have a bad bottle of medicine, I’m afraid to give it anymore since this has happened three times.”  Commenting on this complaint, ROBINSON wrote simply, “here is another one.”

In addition to his prison sentence, ROBINSON, 46, of Tampa, Florida, was sentenced to three years of supervised release and forfeiture of $3,832,318.90.

Ms. Strauss praised the outstanding investigative work of the New York FBI Office’s Eurasian Organized Crime Task Force and its support of the FBI’s Integrity in Sports and Gaming Initiative.  Ms. Strauss also thanked the New Jersey Attorney General’s Office, the New York State Police, and the New York City Police Department for their support of this investigation, and the Food and Drug Administration and the Drug Enforcement Administration for their assistance and expertise.

MANHATTAN TEEN INDICTED FOR ATTEMPTED MURDER FOR SHOOTING AT NYPD SERGEANT AND TWO OFFICERS IN SOUTH BRONX

 

Defendant Fired Multiple Shots; Officers Returned Fire, Wounding Him

 Bronx District Attorney Darcel D. Clark today announced that a Manhattan teen has been indicted on Attempted Murder and additional charges for shooting at an NYPD Sergeant and two NYPD Police Officers during a graffiti stop. 

 District Attorney Clark said, “The defendant allegedly resisted arrest and fired at an NYPD Sergeant and two NYPD Officers. The cops were not injured but the 18-year-old defendant was shot when they returned fire. Fortunately, no one died that day. It is a stark reminder of how important it is to get guns off the streets, because even a seemingly unremarkable encounter can lead to gunfire.” 

 District Attorney Clark said the defendant, Messiah Nantwi, 18, of 2333 5th Avenue, Manhattan, was arraigned on March 8, 2021 on three counts of Attempted Murder in the first degree, three counts of Attempted Murder in the second degree, first-degree Criminal Use of a Firearm, second-degree Criminal Possession of a Weapon, Criminal Possession of a Firearm, three counts of Menacing a Police Officer, Obstructing Governmental Administration in the second degree, Resisting Arrest and Possession of Graffiti Instruments before Bronx Supreme Court Justice David Lewis. Bail was set at $500,000 cash/$500,000 insurance company bond/ $500,000 partially secured bond at 10 percent. The defendant is due back in court on April 15, 2021.

 According to the investigation, at approximately 12:30 a.m. on February 21, 2021 at Elton Avenue and East 153rd Street, uniformed NYPD Officers attempted to stop Nantwi and another individual when they saw them with spray paint cans. While the other individual ran away, the defendant was apprehended. During the arrest, the defendant took out a .22- caliber pistol and fired three shots at NYPD Sergeant Darren Earl and NYPD Officers Malik Underwood and Erick Reyes. The three Officers returned 31 shots, striking Nantwi multiple times. The defendant is currently being treated at Lincoln Hospital. The cops were not injured.

 District Attorney Clark thanked Trial Preparation Assistant Annarese Marcano, of the Public Integrity Bureau, and NYPD Force Investigation Division Detective Kevin Lavin for their assistance in the investigation.

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

A RECOVERY FOR ALL OF US: MAYOR DE BLASIO ANNOUNCES ZONING CHANGES TO CREATE MORE VIBRANT, EQUITABLE CITY

 

Responding to challenges highlighted by COVID-19 pandemic, proposals expected to go into public review this year

 Mayor Bill de Blasio today announced a set of new citywide zoning actions to bring more grocery stores to local communities, improve accessibility, and support a range of small businesses across the city. These changes will each start public review this spring and remain on track to be adopted by the end of this year.

 

“Building a recovery for all of us means cutting red tape and supporting efforts to make our communities healthier and more accessible,” said Mayor Bill de Blasio. “These zoning changes will help New Yorkers create the neighborhoods we all want to live in: ones with fresh food, easy access to health and wellness facilities, and equitable transit access for New Yorkers with disabilities.”

 

“We are using every tool at our disposal to advance a fair recovery for New Yorkers. These zoning actions will remove barriers to providing grocery stores, encourage accessible transit, and allow a wide range of small businesses across the five boroughs to open more easily,” said Deputy Mayor for Housing and Economic Development Vicki Been. “We look forward to advancing these actions with our partners and furthering a strong recovery for New York City.”

 

“In our most difficult moments, we find the most innovative solutions to the problems facing us. These zoning proposals focus on our city’s recovery, addressing some of the challenges of today and tomorrow. I look forward to the public discussion around these proposals, and especially how they can contribute to a stronger, more equitable city,” said Department of City Planning (DCP) Director Marisa Lago.

 

“The Zoning for Accessibility (ZFA) proposal will be a game-changer that will enable a more fully accessible subway system at an even faster pace,” said Mayor's Office for People with Disabilities Commissioner and MTA Board Member Victor Calise. “Elevators truly are for everyone and ZFA will enable all New Yorkers and visitors to the city, including those with disabilities, to get to where they need to go.”

 

"Grocery stores are essential community infrastructure and grocery store workers and owners have kept us all fed during these challenging times,” said Kate MacKenzie, Director of the Mayor’s Office of Food Policy. “By expanding the FRESH program to additional neighborhoods, the City is acknowledging not only the important role grocery stores have played during the crisis but also that supporting the food sector is essential for an equitable recovery.”

 

These proposals seek to incentivize the creation of green grocery stores in communities facing barriers to food access; improve accessibility to transit stations; remove bureaucratic hurdles to establishing and opening community gyms and other health facilities; and ensure the zoning code is not a barrier to supporting small businesses in the Open Restaurants program. Each proposal has citywide implications, benefitting a wide array of communities across all five boroughs.

 

Public meetings for these actions will be scheduled over the coming months, culminating in the start of public review for each of these proposals this spring or summer, with the goal of reaching approval before the end of the administration.

 

The coming new citywide text amendment proposals are:

 

FRESH II

 

The COVID-19 pandemic dramatically highlighted the vital need for local access to fresh food. In partnership with the City Council, DCP will seek to expand the existing Food Retail Expansion to Support Health (FRESH) program, which offers zoning incentives and financial benefits to encourage the creation of convenient, accessible stores that provide fresh fruit, meats and vegetables, and other perishable goods in addition to a full range of grocery products.

 

The new FRESH proposal aims to bring the program to 11 more community districts – in addition to 19 districts currently in the program – including:

 

• Bronx Community Districts 8 and 9
• Brooklyn Community Districts 1, 2, 12 and 13
• Queens Community Districts 1, 3, 4 and 14
• Staten Island Community District 1

 

Elevate Transit: Zoning for Accessibility (ZFA) Text Amendment

 

In collaboration with the Metropolitan Transportation Authority (MTA), City Council, and advocates, the City will expand and improve zoning rules that allow the MTA to leverage private development to add elevators or other station access to New York City Transit (NYCT), Staten Island Railway (SIR), Long Island Rail Road, and Metro-North stations in the City. For example, less than 30% of the 493 NYCT subway and SIR stations in New York City are currently wheelchair accessible.

 

This proposal will expand existing zoning tools to coordinate new developments near transit with the construction of improvements to station accessibility and capacity. Currently, this zoning tool is limited to a few areas of the city, mostly in Manhattan. The proposal would require property owners of developments near stations to proactively work with the MTA to provide station access easements. The proposal will also expand zoning incentives for developments in high-density districts to construct station improvements that advance accessibility.

 

Every elevator and accessible entrance and platform is an invaluable improvement for individuals with physical disabilities, parents with young children who use strollers, seniors, and indeed all New Yorkers and visitors to the city.

 

Health and Fitness Text Amendment

 

Based on outmoded zoning regulations that date to the 1970s, exercise gyms, licensed massage therapy, martial arts studios, and spas, among other health-related businesses, are required to obtain special permission from the City's Board of Standards and Appeals (BSA) to open. The process for obtaining a permit is extremely costly, often adding six months and at least $50,000 in additional startup costs to open a gym. This creates a high barrier for small and independent businesses and is likely to slow the economic recovery of a sector that has been significantly impacted by the pandemic.

 

Because health and fitness facilities offer valued and beneficial amenities to communities, the City is working to allow these businesses to open “as of right,” or without first seeking special permission. This text amendment acknowledges the need for health and fitness facilities by removing unnecessary barriers for these small businesses.

 

Open Restaurants

 

New York City’s Open Restaurants program, which has more than 11,000 participants across the five boroughs, has re-energized the city streetscape and saved an estimated 100,000 jobs. The City will secure the future of outdoor dining by reviewing and removing zoning limitations that may hinder efforts to make the program permanent.

 

U.S. Postal Worker And Four Others Arrested For Shipping Heroin And Fentanyl Through The Mail

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (“HSI”) in New York, Matthew Modafferi, Special Agent in Charge of the Northeast Area Field Office of the U.S. Postal Service, Officer of Inspector General (“USPS-OIG”), and Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the unsealing of an indictment today charging LUIS GAMEZ, HUGO RICHARD VILLANUEVA TORRES, DANIEL ORTIZ, JOSE LUIS MARTINEZ ROSARIO and JAYSON COLON with participating in a conspiracy to distribute heroin and fentanyl in connection with a scheme to transport those narcotics through the U.S. mail.  GAMEZ was arrested on Sunday evening in California and was presented yesterday before a federal magistrate judge in the Central District of California.  VILLANUEVA, ORTIZ, MARTINEZ, and COLON were arrested yesterday in New Jersey and were presented before U.S. Magistrate Judge Barbara C. Moses that same day.   The case is assigned to United States District Judge Paul A. Engelmayer.

Manhattan U.S. Attorney Audrey Strauss said:  “As alleged, the defendants are charged with trafficking large quantities of fentanyl and heroin.  We thank our partners at HSI and USPS-OIG for their outstanding work in stopping the shipment of narcotics through the U.S. mail.”

HSI Special Agent in Charge Peter C. Fitzhugh said: “These defendants allegedly operated a cross-country drug distribution network which placed profits above all else, including the safety of our communities. During this week's operation, we arrested 5 members of this drug trafficking organization.  More importantly, we seized over 6 kilograms of fentanyl and heroin, which contain numerous fatal doses of these dangerous drugs.  Working with our law enforcement partners at the U.S. Postal Inspection Service, the U.S. Postal OIG and the United States Attorney’s Office, SDNY, HSI will continue to protect the public from those who would exploit our communities for their own financial and personal gain.”

USPS-OIG Special Agent in Charge Matthew Modafferi said: “The Special Agents of the U.S. Postal Service Office of Inspector General are dedicated to maintaining the integrity of the Postal Service and its personnel. When a Postal Service employee allegedly decides to break the public’s trust and participates in a scheme to transport illegal narcotics through the U.S. Mail, USPS OIG Special Agents will tirelessly work to bring those responsible to justice.  The USPS OIG is thankful for the great relationships we have developed with our law enforcement partners and with the U.S. Attorney’s Office to combat the shipment of illegal narcotics through the U.S. Mail.”

USPIS Inspector-in-Charge Philip R. Bartlett said:  “Using the U.S. Mail to facilitate the transportation of deadly fentanyl was one of many mistakes allegedly made by these subjects. Postal Inspectors and their law enforcement partners will arrest and bring to justice anyone who breaks the sanctity of the trust placed in the U.S. Mail, no matter where they are found.”

As alleged in the Indictment unsealed yesterday in Manhattan federal court and in other court papers and proceedings[1]:

From at least in or about May 2020 up to and including in or about February 2021, LUIS GAMEZ, HUGO RICHARD VILLANUEVA TORRES, DANIEL ORTIZ, JOSE LUIS MARTINEZ ROSARIO, and JAYSON COLON participated in a conspiracy to distribute kilograms of fentanyl and heroin.  The conspirators transported kilogram-quantities of fentanyl and heroin, as well as narcotics proceeds, in packages shipped through the United States mail with the assistance of ORTIZ, an employee of the U.S. Postal Service.

GAMEZ, 30, of Riverside, California, VILLANUEVA, 29, of Belleville, New Jersey, ORTIZ, 41, of Harrison, New Jersey, MARTINEZ, 44, of Harrison, New Jersey, and COLON, 42, of Kearny, New Jersey, are each charged with one count of conspiracy to distribute 400 grams or more of fentanyl and one kilogram or more of heroin.  That charge carries a mandatory minimum sentence of ten years in prison and a maximum sentence of life in prison.

Ms. Strauss praised the outstanding investigative work of HSI-New York, USPS-OIG, and the United States Postal Inspection Service, and thanked HSI-Newark and HSI-Riverside for their assistance.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Kedar Bhatia and Andrew A. Rohrbach are in charge of the prosecution.

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