News From Attorney General Eric T. Schneiderman

Defending the Clean Power Plan

This week I led a coalition of 19 states and localities in calling on President-elect Trump to continue the federal government’s defense of the Clean Power Plan. The Clean Power Plan is vital to efforts to limit carbon pollution and is a blueprint for the critical action needed to fight climate change’s devastating environmental, economic, and public health impacts.

States like New York are on the front lines of climate change – and have demonstrated how to cut pollution and emissions while protecting affordable and reliable electricity, creating jobs, and growing our economy. The science is clear, and far too much is at stake to turn back the clock on our climate efforts.

Protecting Our Natural Resources

I join the thousands of New Yorkers who have raised serious concerns about the Coast Guard's Hudson River anchorage proposal. Last week my office sent a letter to the Department of Homeland Security asking officials to reject the proposal, which would designate 43 new anchorage berths at 10 locations along the Hudson River between Albany and New York City.

The Hudson River is one of our state’s greatest natural resources, and we must remain vigilant in protecting it. The proposal to add 43 new anchorage sites along the river doesn’t pass the test.

Have a question, comment, or complaint? Click here. You can also learn more about the various initiatives of the Attorney General's office by visiting our website at ag.ny.gov. You can also call our General Hotline: 800-771-7755. 

Bronx Borough Presiden - Community Interfaith Service

Statement from The Legal Aid Society on Governor Cuomo Veto of Gravity Knife Reform Legislation

   The Legal Aid Society released the below statement today following Governor Andrew Cuomo’s veto of A9042A/S6483A - legislation that would reform New York State’s antiquated knife statute and reclassify common-folding work knives as tools not weapons: 



“With this veto, Governor Cuomo ignores the calls from defender organizations, civil rights associations, trade unions and many others to fully reform one of New York State’s most discriminatory laws. While we are disappointed with the outcome, The Legal Aid Society will continue to explore all options – including litigation – that will finally address New York’s ambiguous knife statute that has long marginalized communities of colors and working class families.” 


STATEMENT FROM MAYOR DE BLASIO ON THE GOVERNOR'S VETO OF LEGISLATION THAT WOULD HAVE DECRIMINALIZED GRAVITY KNIVES

  "I applaud Governor Cuomo for vetoing shortsighted legislation that would have legalized a broad swath of dangerous knives and created significant uncertainty in the law. Credit goes as well to those district attorneys of New York City and law enforcement leaders who opposed the decriminalization of these deadly weapons. This sensible decision will help keep our streets safe and aid in the NYPD's diligent work to stomp out knife assaults while officers continue to drive crime down to record lows.

"We must be diligent in ensuring fairness in our criminal justice system. While the answer is not legislation permitting the widespread availability of cutting instruments, it is incumbent upon us to discuss with the various stakeholders how best to ensure fair treatment for New Yorkers who do not intend to perpetrate an illegal act, but rather carry tools to and from work."

“Bmb” Gang Member Pleads Guilty To Bronx Murder In Connection With Racketeering Conspiracy

   Preet Bharara, the United States Attorney for the Southern District of New York, announced that MARTIN MITCHELL, a/k/a “Tyliek,” pled guilty today to involvement in a racketeering conspiracy in connection with his membership in the “Big Money Bosses” (“BMB”), a violent street gang that operated primarily on White Plains Road from 215th Street to 233rd Street in the Bronx.  As part of his guilty plea, MITCHELL admitted that he committed the murder of Keshon Potterfield, on or about June 22, 2014, in the vicinity of East 232nd Street in the Bronx.  MITCHELL’s guilty plea was presided over by Magistrate Judge Barbara Moses.

U.S. Attorney Preet Bharara said: “Martin Mitchell, as a member of the violent Bronx street gang Big Money Bosses, admitted to shooting and killing a 17-year-old boy at a birthday party.  This type of senseless gang violence threatens the safety and security of all New Yorkers, and we will continue to work with our law enforcement partners to confront it aggressively.”

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

BMB is a subset of the “Young Bosses,” or “YBz” street gang, which operates throughout New York City.  Between 2007 and 2016, members and associates of BMB committed numerous acts of violence against rival gang members in the Bronx – including murders, attempted murders, and armed robberies – and sold crack cocaine and marijuana.  

MITCHELL was a member of BMB.  On June 22, 2014, MITCHELL and other members of BMB attended a birthday party in the backyard of a residence in the vicinity of 232nd Street in the Bronx.  Potterfield was one of the guests at the party and was shot by MITCHELL in connection with BMB’s rivalry with another street gang.  Potterfield was 17 years old. 

MITCHELL was arrested in this case as a result of a multi-year investigation by the New York City Police Department’s Bronx Gang Squad (the “Bronx Gang Squad”), U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Violent Gang Unit (“HSI”), the New York Field Division of the Drug Enforcement Administration (“DEA”), and the Joint Firearms Task Force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) into gang violence in the Northern Bronx.  The Indictment, which was unsealed on April 27, 2016, charged 63 members and associates of BMB with racketeering conspiracy, narcotics conspiracy, narcotics distribution, and firearms charges.  To date, 30 of these defendants have pled guilty.

MITCHELL, 22, of the Bronx, New York, was arrested on April 27, 2016, in the Bronx, New York, and has been in federal custody since.  MITCHELL pled guilty today to one count of racketeering conspiracy, which carries a maximum sentence of life in prison.  The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as the defendant’s sentence will be determined by the judge.  MITCHELL is scheduled to be sentenced by United States District Judge Alison J. Nathan on April 6, 2017, at 3:30 p.m.

Mr. Bharara praised the outstanding work of the NYPD’s Bronx Homicide Task Force, the NYPD’s 47th Precinct Detective Squad, the NYPD’s Bronx Gang Squad, HSI, DEA, and ATF.  

Manhattan U.S. Attorney Announces Arrest Of Georgia Man For Kidnapping, Heroin Trafficking, And Firearms Offenses

   Preet Bharara, 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 Division (“DEA”), George P. Beach II, Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the arrest of EDWIN CABRAL MORA, a/k/a “Sosa.” CABRAL MORA was arrested yesterday in Gwinnett County, Georgia, and was presented today before a U.S. Magistrate Judge in the Northern District of Georgia and detained on consent.

CABRAL MORA is charged in four counts with conspiring to possess and distribute one kilogram and more of heroin, kidnapping, conspiracy to commit kidnapping, and brandishing a firearm in connection with these offenses.  In relation to the kidnapping counts, CABRAL MORA is charged with luring an individual (“Victim-1”) from New York to Georgia, where Victim-1 was transported by car to an apartment in which CABRAL MORA and others blindfolded, bound, beat, and tortured Victim-1 by burning Victim-1’s skin.

Manhattan U.S. Attorney Preet Bharara said:  “As alleged, Edwin Cabral Mora not only trafficked in large quantities of heroin, but turned to violence, including participating in a vicious kidnapping.  In April of this year, Mora allegedly lured a victim from the Bronx to Georgia, ultimately blindfolding, beating, and torturing the victim.  Thanks to the remarkable efforts of the DEA, this allegedly dangerous man is now off the streets and will face criminal charges in New York federal court.” 

DEA Special Agent in Charge James J. Hunt said:   “DEA’s REDRUM Group specializes in tracking down drug traffickers that cross the line into kidnapping, torture and at times, murder.  This investigation took the team on the road to Atlanta to arrest Edwin Cabral Mora for his alleged crimes.”

State Police Superintendent George P. Beach II said:  “Thanks to the hard work and partnership of law enforcement at the federal, state and local level, we are taking out a violent drug operation. This arrest should send the message that we will continue to aggressively pursue criminals who profit from illegal drugs at the expense of the safety and security of our neighborhoods.”

NYPD Commissioner James P. O’Neill said:  “The defendant in this case is an alleged drug trafficker who blindfolded, burned, beat and finally tortured a kidnapping victim in a particularly heinous crime.  I am thankful to the NYPD detectives, DEA agents, and others whose work resulted in these charges in the Southern District.”     

As alleged in the Indictment[1]:

Heroin Trafficking

CABRAL MORA conspired with others to distribute substantial quantities of heroin from at least January 2016 through May 2016, in the Southern District of New York and elsewhere. 

Kidnapping and Kidnapping Conspiracy

CABRAL MORA conspired with others to kidnap Victim-1, and did kidnap Victim-1 in April 2016.  CABRAL MORA called Victim-1 by phone, when Victim-1 was in the Bronx, New York, to lure Victim-1 to Georgia.  Once in Georgia, Victim-1 was transported by car to an apartment in which CABRAL MORA and others blindfolded, bound, beat, and tortured Victim-1 by burning Victim-1’s skin.

Firearms Possession

CABRAL MORA used, possessed, carried, and brandished firearms in relation to his heroin trafficking and kidnapping offenses. 

CABRAL MORA, 38, of Gwinnett County, Georgia, is charged with conspiring to possess and distribute one kilogram and more of heroin, which carries a maximum sentence of life in prison, kidnapping, which carries a maximum sentence of life in prison, conspiracy to commit kidnapping, which carries a maximum sentence of life in prison, and brandishing a firearm in connection with the foregoing offenses, which carries a maximum sentence of life in prison.

The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Court.

Mr. Bharara praised the outstanding investigative work of the DEA, and also thanked the Georgia State Police, the Georgia Bureau of Investigation, and Atlanta HIDTA Groups 1 and 2 for their assistance.

The prosecution is being handled by the Office’s Narcotics Unit.  Assistant U.S. Attorneys Sagar K. Ravi and Amanda L. Houle are in charge of the prosecution.

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

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

MANHATTAN MAN INDICTED FOR ATTEMPTED MURDER OF FELLOW INMATE IN RIKERS ISLAND

Defendant Slashed Victim’s Throat, Inflicting Near-Fatal Injury 

   Bronx District Attorney Darcel D. Clark today announced that a Manhattan man has been charged with Attempted Murder and other crimes for slashing the throat of a fellow Rikers Island inmate, causing a life-threatening injury. 

   District Attorney Clark said “The defendant allegedly slashed the inmate’s throat, inflicting a wound that nearly caused the victim’s death. We will prosecute such vicious attacks to the fullest extent to eradicate inmate-on-inmate violence, and all violence, in Rikers Island jails.” 

   District Attorney Clark said that the defendant, Shawn Young, 32, of 2363 Seventh Ave., Manhattan, has been charged with second-degree Attempted Murder, first- and third degree Assault, three counts of second-degree Assault, first- and second-degree Promoting Prison Contraband and fourth-degree Criminal Possession of a Weapon. He was arraigned today before Deputy Administrative Bronx Supreme Court Justice Eugene Oliver, who set bail at $50,000. Young is due back in court on March 27, 2017 and faces up 25 years in prison if convicted of the top charge.

   According to the investigation, on September 9, 2016, Young was involved in an altercation with another inmate in an intake cell at the Anna M. Kross Center, and slashed the inmate’s throat with a sharp metal object. He required surgery at Bellevue Hospital. 

   The case is being prosecuted by Assistant District Attorney Ricardo Rodriguez 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. 

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

 

STATE SENATOR RUBEN DIAZ TO CELEBRATE “THREE KINGS DAY” FOR THE CHILDREN OF OUR COMMUNITY

  On Saturday, January 7, 2017 at 12:00PM, State Senator Rev. Rubén Díaz, together with the New York Hispanic Clergy Organization, Radio Vision Cristiana International, Radio Cantico Nuevo, Assembly Members Marcos Crespo and Luis Sepulveda, NYC Councilmember Rafael Salamanca, and  different  community organizations, will be celebrating the Visit of the Three Kings to the Bronx.   

The Three Kings Day Visit to the Bronx, a traditional Hispanic cultural celebration, will take place in Public School #5 located at 564 Jackson Avenue, on the corner of East 149th Street.

During this annual event, the first 500 children between the ages of 1-9  years old will receive a toy.  School-age children will also receive a book bag with school supplies. 

“Live music and entertainment will be provided for the children,” stated Senator Díaz.

Note: Children must be present in order to receive a free toy.

For  more  information,  please  contact Ms. Leila Martinez, Senator Diaz’s Director of Operations at 718-991-3161