BRONX MAN PLEADS GUILTY TO ATTEMPTED MURDER AND ROBBERY

 Defendant Pointed Gun At Police Officers Who Responded To Holdup 

   Bronx District Attorney Darcel D. Clark today announced that a 30-year-old Bronx man has pleaded guilty to attempted murder related to a confrontation with police officers after he robbed a man at gunpoint. 

  District Attorney Clark said, “The defendant robbed a man and then put responding police officers in grave danger by pointing and waving a gun at them. He will receive 12 years in prison for his acts of mayhem on the streets of the Hunts Point neighborhood.” 

  District Attorney Clark said the defendant, David Gant, 30, pleaded guilty yesterday, August 31, 2016, to second-degree Attempted Murder and first-degree Robbery before Bronx Supreme Court Justice Alvin Yearwood. Gant is expected to receive 12 years in prison when he is sentenced on September 23, 2016. 

   According to the investigation, in the early morning hours of July 22, 2014, Gant pulled a 9mm pistol on a man and robbed him. The victim called 911 and responding police officers found Gant, who pointed his gun at officers. An officer fired a shot, and Gant fled, falling and breaking his leg. As he lay on the ground immobile, he waved his gun at the officers and then held the gun to his head before eventually being subdued and arrested. 

   The case was prosecuted by Assistant District Attorney Kieran Linehan of the Special Investigations Unit, under the supervision of Tarek A. Rahman, Chief of the Special Investigations Unit, and the overall supervision of Nicole Keary, Deputy Chief of the Trial Division and Jeremy Shockett, Chief of the Trial Division.

RIKERS INMATE INDICTED FOR SLASHING A CORRECTION OFFICER AND PUNCHING TWO OTHERS IN TWO ATTACKS

   Bronx District Attorney Darcel D. Clark today announced that a Queens man jailed in Rikers Island has been indicted for attacking three New York City Department of Correction Officers, one of whom suffered a gash on his arm that required 16 stitches. 

 District Attorney Clark said, “The defendant committed vicious, unprovoked attacks on three Correction Officers. Our public servants should not have to face danger when they go to work each day. We will not tolerate jailhouse violence.” 

 District Attorney Clark said the defendant, Matthew Whittington, 26, of 129-40 89th Avenue in Queens, has been indicted on second and third-degree Assault, first- and second-degree Promoting Prison Contraband, second- and third-degree Menacing, fourth-degree Criminal Possession of a Weapon, second-degree Obstructing Governmental Administration and third-degree Attempted Assault. 

 He was arraigned today before Bronx Supreme Court Justice George Villegas and is due back in court on December 15. If convicted, Whittington—a violent predicate offender who is currently incarcerated--faces five to seven years in prison and five years post-release supervision. 

 District Attorney Clark said that according to the investigation, on August 6, 2016, at 7 p.m., Whittington allegedly struck Correction Officer Brian Nurse in the face, causing him to strike his head on a cell door. 

 On August 7, 2016, at 6:40 a.m., Whittington allegedly struck Correction Officer Malik Medina in the face, knocking him unconscious, when Medina was retrieving Whittington’s food tray. 

 Correction Officer Corey Hughes heard the sound of Medina hitting the floor and went to investigate. Whittington came at Hughes and allegedly slashed him with a scalpel on his right forearm. It took 16 sutures to close the wound.

 The case is being prosecuted by Assistant District Attorney Sheryl Konigsberg of the Rikers Island Prosecution Bureau, under the supervision of Sonya Tennell, Supervisor of the Rikers Island Prosecution Bureau, James Brennan, Deputy Chief of the Rikers Island Prosecution Bureau, and Deanna G. Logan, Chief of the Rikers Island Prosecution Bureau, under the overall supervision of Stuart Levy, Deputy Chief of the Investigations Division, and Jean T. Walsh, Chief of the Investigations Division. 

 The District Attorney thanked the Department of Correction’s Central Intelligence Bureau for its assistance in this case. 

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

  Rikers Island crime comes under the purview of the Bronx District attorney's office.

Manhattan Man Arrested For Sales Of Synthetic Cannabinoids And Snap Fraud

   Preet Bharara, the United States Attorney for the Southern District of New York, William G. Squires Jr., Special Agent-in-Charge, United States Department of Agriculture (“USDA”), Office of Inspector General, and Angel M. Melendez, the Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), New York (“HSI”), announced the arrest today of YOUSIF MOSLEH, an individual associated with two retail food stores in Manhattan, New York, who engaged in sales of synthetic cannabinoids in exchange for benefits issued by the Supplemental Nutrition Assistance Program (“SNAP”), and who conspired with others to sell other items not eligible for sale under SNAP in exchange for SNAP benefits.  MOSLEH was arrested this afternoon and is expected to be presented before Magistrate Judge James C. Francis IV this afternoon.

Manhattan U.S. Attorney Preet Bharara said:  “Yousif Mosleh is charged with peddling dangerous synthetic drugs in New York City neighborhoods and funding his drug sales by abusing a system created to assist the most vulnerable in our society.  Thanks to the dedicated agents of the USDA and HSI, Mosleh can no longer profit from this illegal scheme.”     

Special Agent-in-Charge William G. Squires Jr. stated:  “The Supplemental Nutrition Assistance Program was created to provide food and nutrition to those who truly need this assistance.  Those who are involved in fraud and abuse of SNAP and other USDA programs will be aggressively pursued by our office.  Our joint investigation with the U.S. Immigration and Customs Enforcement, Homeland Security Investigations, and the New York City Sheriff’s Office has brought to justice an individual who sought to profit from the SNAP program through illegal schemes. The USDA Office of Inspector General will continue to dedicate resources and work with our law enforcement partners in order to protect the integrity of these programs and to prosecute those who commit fraud.”

Special Agent in Charge Angel M. Melendez said:  “SNAP was created to help low income families put food on their tables. Instead, Mosleh allegedly used SNAP to feed drug addicts a hazardous synthetic narcotic.  K2 poses a public safety risk, especially for our teens and young adults.  Mosleh’s arrest is a testament to HSI’s commitment to keep illegal drugs off our streets.” 

The following allegations are based on the unsealed Complaint filed today in Manhattan federal court[1]:

Congress established the Federal Food Stamp Program in 1977 for the purpose of alleviating hunger and malnutrition.  In 2008, the program was renamed the Supplemental Nutrition Assistance Program (“SNAP” or “the Program”).  The Program uses tax dollars to subsidize low-income households, helping low-income individuals and families to maintain more nutritious diets by increasing the food purchasing power of eligible households.  According to USDA regulations, items such as cigarettes, hot foods for immediate consumption, and controlled substances, among other items, are ineligible for purchase with SNAP benefits (“Ineligible Items”).      

MOSLEH’s Knowledge of and Participation in the SNAP Program

According to USDA records, a deli located on Lexington Avenue East 124th Street and East 125th Street in Manhattan, New York (“Deli-1”), received a license to accept and redeem SNAP benefits in December 2007.  MOSLEH, the defendant, frequently works behind the counter at Deli-1, operating the cash register and the electronic benefits transfer (EBT) terminal.

In the immediate vicinity of Deli-1 is another deli (“Deli-2”), owned and operated by MOSLEH.  According to USDA records, MOSLEH submitted an application for a license for Deli-2 to accept and redeem SNAP benefits in December 2013, and Deli-2 received such license in June 2014. 

MOSLEH’s Sales of K2 for SNAP Benefits

“K2” is a street name applied to a synthetic cannabinoid, in green leafy form, that is intended to mimic the effects of marijuana.  K2 frequently contains synthetic cannabinoids AB-CHMINACA and XLR-11.  XLR-11 was classified as a Schedule I controlled substance on May 16, 2013, and AB-CHMINACA was classified as a Schedule I controlled substance on January 30, 2015.

As part of this investigation, the USDA has worked with two cooperating sources (“CS-1” and “CS-2”), who assisted the USDA in making controlled purchases of K2 and other Ineligible Items, which were video recorded covertly.  Between June 29, 2015, and July 30, 2015, CS-1, at the direction of law enforcement, used SNAP benefits at Deli-1 to purchase multiple packages of synthetic cannabinoids directly from MOSLEH.  These packages contained XLR-11 and AB-CHMINACA, based on laboratory testing. 

Additionally, between July 23, 2015, and July 30, 2015, law enforcement recovered more than 2,000 packages of what appeared to be K2 from Deli-1. 

MOSLEH, 26, of Manhattan, is charged with two counts of distribution and possession with intent to distribute a controlled substance, each carrying a maximum sentence of 20 years in prison; and one count of conspiracy to violate the statutes and regulations governing the Supplemental Nutrition Assistance Program, which carries a maximum sentence of 5 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the investigative work of the USDA and HSI.  Mr. Bharara also thanked the New York City Sheriff’s Office, U.S. Immigration and Customs Enforcement, and the New York City Police Department, for their critical support and cooperation throughout the investigation.

The prosecution is being handled by the Office’s Narcotics Unit.  Assistant U.S. Attorney Amanda L. Houle is in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Assemblyman Mark Gjonaj - Join us this weekend in celebrating Mother Teresa's Sainthood

Celebrating the Canonization of Mother Teresa! September 4th, 2016 | Battery Park, New York City    EVENT PROGRAM  4:00am -6:00am Simulcast of Mother Teresa Canonization Mass by Pope Frances, held in the Vatican (4:00am NY time)  12:00 pm- 8:00pm Event Program  1:00pm Unveiling of the Statue of Mother Teresa Be a part of this Historical event ! Join us for a day of family filled activities including Dancing, Music, Games, Food, Giveaways, and much more!   For more information, please contact our district office : P:718-409-0109| F:718-409-0431

SENATOR JEFF KLEIN AND BRONX BOROUGH PRESIDENT RUBEN DIAZ JR. HOST CONCERT FEATURING THE LEGENDARY TEMPTATIONS

Senator Jeff Klein and Bronx Borough President Ruben Diaz Jr. hosted The Temptations, who performed in the borough for the first time ever on Wednesday night at Loreto Park. Over a thousand Bronx residents enjoyed a spectacular concert by the legendary band, who played hits such as “My Girl,” “Get Ready,” and “Can’t Get Next to You.”

“I am thrilled to have brought these musical legends to The Bronx.  The Temptations amazed the crowd with a stellar performance and provided families with a truly memorable experience.   Over a thousand residents gathered to enjoy this great evening, which concluded my 2016 Summertime Symphonies Series.  Throughout the summer, I was able to provide my constituents with many great performances, and I am already looking forward to next year’s line-up,” said Senator Jeff Klein.

“I couldn’t think of a better way to close out the 2016 Summertime Symphonies season than with a performance from musical legends like The Temptations. I want to thank Senator Klein for making this happen. Concert series like the Summertime Symphonies continue add to the musical landscape of our borough. Music; whether it is hip-hop, salsa, or freestyle; is a huge part of The Bronx’s identity. It is great to see Motown legends like The Temptations not only perform in our borough, further adding to our musical legacy, but also appreciate our borough’s contribution to the music industry,” said Bronx Borough President Ruben Diaz Jr.

“In all 56 years of The Temptations performing we’ve never performed in The Bronx.  After doing so, I can say we had a wonderful time.  It was an honor for us to perform for Senator Klein and the people of The Bronx.  We can’t wait to do it again,”  said Otis Williams, The Temptations.

This free concert concluded Senator Klein’s Summertime Symphonies series. For more information on Senator Klein’s upcoming events this fall, please call his office at (718) 822-2049.

NYC EMERGENCY MANAGEMENT URGES NEW YORKERS TO PREPARE FOR POSSIBLE IMPACTS OF TROPICAL STORM HERMINE

The National Weather Service has issued a Tropical Storm Watch and a Storm Surge Watch for New York City until further notice

New York City beaches closed for swimming on Sunday

           

September 2, 2016 – The New York City Emergency Management Department urges New Yorkers to prepare for potential impacts of Tropical Storm Hermine. The National Weather Service has issued a Tropical Storm Watch for the New York City area until further notice. A Storm Surge Watch has also been issued for New York City coastal areas until further notice. A Tropical Storm Watch is issued 48 hours in advance of the possible onset of tropical-storm-force winds, which include sustained wind speeds of 39 mph – 74 mph.  During a Tropical Storm Watch and Storm Surge Watch, New Yorkers are advised to prepare their homes for potential storm impacts and review their emergency plans in case a Hurricane or Tropical Storm Warning is issued.

“The City has more than 30 agencies working together to prepare for the possible effects of Tropical Storm Hermine,” said Mayor de Blasio. “I urge New Yorkers to take the necessary steps to prepare themselves and their families for whatever this storm may bring. If you live in flood-prone areas, secure your properties.  Prepare your Go Bags, charge your cell phone batteries, and don’t forget to check in on relatives, friends, and neighbors.”

The current track shows Hermine over Southern Georgia and forecast to move northeast, nearing the North Carolina Coast early Saturday morning. By early Sunday, the storm will be well offshore of Virginia and will slowly track north toward Long Island before stalling and remaining off shore through Wednesday morning. While there is uncertainty in the track, intensity and speed of Tropical Storm Hermine, possible impacts to the City include strong, dangerous rip currents, high surf, coastal flooding, heavy rain, and strong winds. New York City beaches will be closed for swimming on Sunday, September 4.

NYC Emergency Management remains in constant communication with the National Hurricane Center and the National Weather Service to track and monitor Tropical Storm Hermine and has taken a number of steps to prepare for potential impacts to the City. The City’s Situation Room has been activated, and NYC Emergency Management has coordinated daily interagency conference calls to facilitate preparations with city and state agencies and private partners.

The City’s Flash Flood Emergency Plan has also been activated to help mitigate potential flash flooding and ensure a quick, effective, and coordinated response to any flash flood events that do occur. The plan is activated when rainfall rates are forecast to reach one inch an hour for an hour or longer.

Flash flooding can occur with little or no warning due to the large number of paved surfaces across the city. These surfaces do not allow rainwater to be absorbed into the ground and can result in storm drains often being overwhelmed, causing localized flooding. NYC Emergency Management works closely with NYPD, FDNY, Department of Environmental Protection, Department of Sanitation, Department of Transportation, Department of Parks and Recreation, and the Metropolitan Transportation Authority to mitigate the impact of flash floods. New Yorkers are encouraged to report clogged catch basins and areas of standing water to 3-1-1.

Additionally, the City’s Downed Tree Task Force has been placed on stand-by. This multi-agency task force is responsible for coordinating the response to a large downed tree event.

NYC Emergency Management also encourages New Yorkers to take the following steps to prepare ahead of the storm:

·         Prepare a Go Bag that you can grab in case you need to leave your home in a hurry. For more information about what to pack in a Go Bag, visithttp://www1.nyc.gov/site/em/ready/gather-supplies.page.

·         Know your flood risk. To learn more about coastal flood risk in New York City, visit the FEMA Region II Coastal Analysis and Mapping website for flood hazard information at http://www.region2coastal.com.

·         Consider getting flood insurance. Protection against loss due to floods is not covered under a homeowner's policy. Contact your property/casualty agent or broker about eligibility for flood insurance. For more information, visit the National Flood Insurance Program online at www.floodsmart.gov.

·         If you live in a flood-susceptible area, keep materials, such as sandbags, plywood, plastic sheeting, and lumber, on hand to help protect your home.

·         Bring inside loose, lightweight objects, such as lawn furniture and garbage cans.

·         Anchor objects that will be unsafe to bring inside, such as gas grills or propane tanks.

·         Make an itemized list of personal property, including furnishings, clothing, and valuables.

·         Move valuable items from basements to upper floors. (Basements are vulnerable to flooding.)

·         Charge cell phone batteries.

·         Turn your refrigerator and freezer to a colder setting. If you lose power, items that need refrigeration will stay cooler for longer.

·         Check on friends, relatives, and neighbors, especially older adults and people with disabilities, access and functional needs, or health conditions. Help them to prepare if needed.

·         Fill out an Emergency Reference Card, which will contain important contacts for you and your family in the event of any emergency.

·         Learn the safest route from your home or workplace to safe, high ground in case you have to evacuate. This should be part of your household disaster plan.

·         During periods of high winds, residents should use caution when walking or driving high profile vehicles. Winds at these speeds can cause flying debris, turn unsecured objects into projectiles, and cause power outages.

Stay informed. Before and during an emergency, the City will send emergency alerts and updates to New Yorkers through various channels including Notify NYC, the City’s free emergency notification system. Through Notify NYC, New Yorkers can receive phone calls, text messages, and/or emails alerts about traffic and transit disruptions and other emergencies. To sign up for Notify NYC, call 311, visitwww.nyc.gov/notifynyc, or follow @NotifyNYC on Twitter.

Bronx Chamber of Commerce Hispanic Heritage Luncheon: Thursday, September 22 at Tosca Marquee

A.G. Schneiderman Announces Order Forcing Former Pet Adoption Center That Sold Dying Pets To Pay Over $28K To Humane Society

Consent Order Transfers Pet Adoption Center’s $28K Assets To Local Humane Society After Center Sold Dying Pets To Unsuspecting Families 

Schneiderman: Through Our Animal Protection Initiative, We Will Work To Protect New York Families And Animals From Businesses That Exploit Them For Profit 

   Attorney General Eric T. Schneiderman today announced that a Monroe County Supreme Court has ordered the former Scottsville Veterinary Adoptions, Inc. to distribute its assets to the Humane Society of Rochester and Monroe County FPCA commonly known as Lollypop Farm, another similar charitable organization.  In May, the Attorney General obtained an order dissolving the not-for-profit pet adoption center operating in Scottsville, New York. After a financial review requested by the Attorney General, the former pet adoption center has agreed to give-up its assets that were purchased from donations it received when it was as a not-for-profit organization. Based on the court order filed today, Scottsville Veterinary Adoptions, Inc. will pay the Rochester Humane Society $28,366.

“Businesses that hide behind a non-profit status to evade the consumer protections of the Pet Lemon Law take advantage of unsuspecting consumers who are looking to rescue a pet in need of a home,” Attorney General Schneiderman said. “Through our Animal Protection Initiative, my office will continue fighting to protect all New Yorkers – humans and animals alike –  from unscrupulous businesses that exploit them for profit.”

The adoption center sold sick pets to consumers that died shortly after purchase.  As a not-for-profit corporation, Scottsville Veterinary Adoptions, Inc. was not required to comply with minimum standards of animal care required by Agriculture and Markets Law section 410, which only apply to pet stores and commercial breeders. Furthermore, pet adopters have no recourse under General Business Law section 753 (the so-called "Pet Lemon Law") when adopting from a not-for-profit corporation, even though the name "Scottsville Veterinary Adoptions" implies that the pets offered were fully screened and healthy.  Moreover, the adoption center is located in the same facility as Scottsville Veterinary Hospital a for-profit business which is owned by Stephen R. Berghash, D.V.M., the incorporator and president of Scottsville Veterinary Adoption, Inc.

The Attorney General’s investigation revealed many instances of sick pets that were not diagnosed as sick and not quarantined.  As a result, the adoption center sold sick pets that were supposedly examined and cleared by the veterinary hospital at the same facility.  As a result of the dissolution, the adoption center can no longer operate as a non-profit organization and from now on will be subject to inspections by the New York Agriculture and Markets department and comply with the New York Pet Lemon Law. 

New York State's Pet Lemon Law is designed to safeguard the public and to ensure the humane treatment of dogs and cats by requiring pet dealers to guarantee the good health of any such animal sold by a pet dealer to a consumer.

The Attorney General’s Animal Protection Initiative aims at ensuring compliance with New York State's Pet Lemon Law, designed to safeguard the public and to ensure the humane treatment of dogs and cats by requiring pet dealers to guarantee the good health of any such animal sold by a pet dealer to a consumer.