Thursday, April 18, 2019

STATEMENT FROM BP DIAZ RE: Launch of the USDA SNAP Pilot Program in NYS


  Bronx Borough President Ruben Diaz Jr. issued the following statement regarding the Supplemental Nutrition Assistance Program (SNAP) Online Purchasing Pilot Program, which was launched today in New York State by the U.S. Department of Agriculture.

“This pilot program has the potential to dramatically diminish food deserts while also increasing choice and lowering costs for some of our most vulnerable, food-insecure communities. Shoppers will now be able to use their SNAP benefits to shop for food at certain online vendors, just like they would use a credit or debit card. This pilot program could lead to lower prices and greater options for all New Yorkers.

“My office has been working with Rep. Sean Patrick Maloney other partners at all levels to facilitate this program for several years, and I am happy to see it implemented. I look forward to working with the USDA, vendors, hunger advocates and other stakeholders to examine this pilot program as it moves forward and to improve access to healthy foods to all communities,” said Bronx Borough President Ruben Diaz Jr.

More information on the USDA’s launch of the pilot program can be found athttps://bit.ly/2Xn1x5e.

NYS Office of the Comptroller DiNAPOLI: STATE AGENCY OVERTIME PAY HITS $787 MILLION


  Overtime pay in 2018 at state agencies was at the highest level within the past decade, rising to $787 million, according to a report by State Comptroller Thomas P. DiNapoli. Overtime hours also rose, with 18.1 million hours worked.   
“New York state’s overtime pay has seen significant growth in the past decade,” DiNapoli said. “As the state confronts increasingly high costs for overtime, New York needs to find ways to better manage costs while providing taxpayers with critical services.”
Meanwhile, the average number of state employees (excluding the State University of New York and the City University of New York) decreased slightly in 2018 to 155,818 -- 12 percent lower than in 2009. The largest decreases occurred in the Department of Labor, Office of Children and Family Services and the Department of Health.
Overtime has accounted for 3.9 percent of all state payroll costs from 2009 to 2018, totaling more than $6.1 billion. New York state policy calls for overtime work to be held to a minimum consistent with operational needs by proper scheduling and other arrangements.
Three agencies that manage institutional settings – the Office for People with Developmental Disabilities (OPWDD), the Department of Corrections and Community Supervision (DOCCS) and the Office of Mental Health (OMH) – accounted for 62.5 percent of overtime hours logged by all state agencies in 2018.
OPWDD and DOCCS experienced significant increases in overtime hours per employee over the past decade.  Other agencies with comparatively large increases in such hours since 2009 include the Division of State Police, up 96.3 percent; the Office of General Services, up 87.7 percent and the Department of Transportation, up 79.5 percent. Agencies with decreases in overtime hours per employee included the Department of Labor, down 96.5 percent; and Department of Taxation and Finance, down 61 percent.
Agencies that reduced total overtime pay over last five years include the Office of Children and Family Services and the Department of Taxation and Finance. 

NYC Council Member Andy King Introduces Universoul Circus Talent to Bronx Students



 
  It was like magic as performers from the Universal Circus entertained scores of Bronx students today at the Academy for Scholarship and Entrepreneurship in the Bronx. This morning, NYC Council Member Andy King welcomed the ring master and select performers who include Fresh the Clown and acts Trinidad, Ethiopia and the USA.

“Universoul Circus is a collection of worldwide cultures and experiences that fascinates and entertains everyone,” said Council Member King, who facilitated the sneak preview for the students. “It’s an experience that never gets old. I was happy to help bring this fun treat to our young people who have worked so hard at their studies all year.”


Above - Councilman King wanted his photo with some of the UniverSoul performers.
Below - After the show the performers, Councilman King, and Principal Zenobia-White DaCruz took a group photo.



COURT DECISION DISMISSES CASE AGAINST HEALTH DEPARTMENT’S EMERGENCY ORDER AND VACCINATION MANDATE


STATEMENT FROM DEPUTY MAYOR FOR HEALTH AND HUMAN SERVICES DR. HERMINIA PALACIO ON COURT DECISION TO DISMISS CASE AGAINST HEALTH DEPARTMENT’S EMERGENCY ORDER AND VACCINATION MANDATE

  “I am pleased the Court ruled to uphold the City’s public health Emergency Order to mandate vaccines. We were confident this order was based on solid public health and legal grounds, and are glad the courts agreed. These tools were deployed in an appropriate and necessary manner in order to meet the significant public health risk posed by this ongoing measles outbreak.”

Attorney General William P. Barr Delivers Remarks on the Release of the Report on the Investigation into Russian Interference in the 2016 Presidential Election


  On March 22, 2019, Special Counsel Robert Mueller concluded his investigation of matters related to Russian attempts to interfere in the 2016 presidential election and submitted his confidential report to me pursuant to Department of Justice regulations. 

As I said during my Senate confirmation hearing and since, I am committed to ensuring the greatest possible degree of transparency concerning the Special Counsel’s investigation, consistent with the law.
At 11:00 this morning, I will transmit copies of a public version of the Special Counsel’s report to the Chairmen and Ranking Members of the House and Senate Judiciary Committees.  The Department of Justice will also make the report available to the American public by posting it on the Department’s website after it has been delivered to Congress.
I would like to offer a few comments today on the report. 
But before I do that, I want to thank Deputy Attorney General Rod Rosenstein for joining me here today and for his assistance and counsel throughout this process.  Rod has served the Department of Justice for many years with dedication and distinction, and it has been a great privilege and pleasure to work with him since my confirmation.  He had well-deserved plans to step back from public service that I interrupted by asking him to help in my transition.  Rod has been an invaluable partner, and I am grateful that he was willing to help me and has been able to see the Special Counsel’s investigation to its conclusion.  Thank you, Rod.
I would also like to thank Special Counsel Mueller for his service and the thoroughness of his investigation, particularly his work exposing the nature of Russia’s attempts to interfere in our electoral process. 
As you know, one of the primary purposes of the Special Counsel’s investigation was to determine whether members of the presidential campaign of Donald J. Trump, or any individuals associated with that campaign, conspired or coordinated with the Russian government to interfere in the 2016 election.  Volume I of the Special Counsel’s report describes the results of that investigation.  As you will see, the Special Counsel’s report states that his “investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.” 
I am sure that all Americans share my concerns about the efforts of the Russian government to interfere in our presidential election.  As the Special Counsel’s report makes clear, the Russian government sought to interfere in our election.  But thanks to the Special Counsel’s thorough investigation, we now know that the Russian operatives who perpetrated these schemes did not have the cooperation of President Trump or the Trump campaign – or the knowing assistance of any other Americans for that matter.  That is something that all Americans can and should be grateful to have confirmed. 
The Special Counsel’s report outlines two main efforts by the Russian government to influence the 2016 election:
First, the report details efforts by the Internet Research Agency, a Russian company with close ties to the Russian government, to sow social discord among American voters through disinformation and social media operations.  Following a thorough investigation of this disinformation campaign, the Special Counsel brought charges in federal court against several Russian nationals and entities for their respective roles in this scheme.  Those charges remain pending, and the individual defendants remain at large.
But the Special Counsel found no evidence that any Americans – including anyone associated with the Trump campaign – conspired or coordinated with the Russian government or the IRA in carrying out this illegal scheme.  Indeed, as the report states, “[t]he investigation did not identify evidence that any U.S. persons knowingly or intentionally coordinated with the IRA’s interference operation.”  Put another way, the Special Counsel found no “collusion” by any Americans in the IRA’s illegal activity.
Second, the report details efforts by Russian military officials associated with the GRU to hack into computers and steal documents and emails from individuals affiliated with the Democratic Party and the presidential campaign of Hillary Rodham Clinton for the purpose of eventually publicizing those emails.  Obtaining such unauthorized access into computers is a federal crime.  Following a thorough investigation of these hacking operations, the Special Counsel brought charges in federal court against several Russian military officers for their respective roles in these illegal hacking activities.  Those charges are still pending and the defendants remain at large.
But again, the Special Counsel’s report did not find any evidence that members of the Trump campaign or anyone associated with the campaign conspired or coordinated with the Russian government in its hacking operations.  In other words, there was no evidence of Trump campaign “collusion” with the Russian government’s hacking. 
The Special Counsel’s investigation also examined Russian efforts to publish stolen emails and documents on the internet.  The Special Counsel found that, after the GRU disseminated some of the stolen materials through its own controlled entities, DCLeaks and Guccifer 2.0, the GRU transferred some of the stolen materials to Wikileaks for publication.  Wikileaks then made a series of document dumps.  The Special Counsel also investigated whether any member or affiliate of the Trump campaign encouraged or otherwise played a role in these dissemination efforts.  Under applicable law, publication of these types of materials would not be criminal unless the publisher also participated in the underlying hacking conspiracy.  Here too, the Special Counsel’s report did not find that any person associated with the Trump campaign illegally participated in the dissemination of the materials.
Finally, the Special Counsel investigated a number of “links” or “contacts” between Trump Campaign officials and individuals connected with the Russian government during the 2016 presidential campaign.  After reviewing those contacts, the Special Counsel did not find any conspiracy to violate U.S. law involving Russia-linked persons and any persons associated with the Trump campaign.
So that is the bottom line.  After nearly two years of investigation, thousands of subpoenas, and hundreds of warrants and witness interviews, the Special Counsel confirmed that the Russian government sponsored efforts to illegally interfere with the 2016 presidential election but did not find that the Trump campaign or other Americans colluded in those schemes. 
After finding no underlying collusion with Russia, the Special Counsel’s report goes on to consider whether certain actions of the President could amount to obstruction of the Special Counsel’s investigation.  As I addressed in my March 24th letter, the Special Counsel did not make a traditional prosecutorial judgment regarding this allegation.  Instead, the report recounts ten episodes involving the President and discusses potential legal theories for connecting these actions to elements of an obstruction offense. 
After carefully reviewing the facts and legal theories outlined in the report, and in consultation with the Office of Legal Counsel and other Department lawyers, the Deputy Attorney General and I concluded that the evidence developed by the Special Counsel is not sufficient to establish that the President committed an obstruction-of-justice offense. 
Although the Deputy Attorney General and I disagreed with some of the Special Counsel’s legal theories and felt that some of the episodes examined did not amount to obstruction as a matter of law, we did not rely solely on that in making our decision.  Instead, we accepted the Special Counsel’s legal framework for purposes of our analysis and evaluated the evidence as presented by the Special Counsel in reaching our conclusion. 
In assessing the President’s actions discussed in the report, it is important to bear in mind the context.  President Trump faced an unprecedented situation.  As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates.  At the same time, there was relentless speculation in the news media about the President’s personal culpability.  Yet, as he said from the beginning, there was in fact no collusion.  And as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks.  Nonetheless, the White House fully cooperated with the Special Counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims.  And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation. Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation.
Now, before I take questions, I want to address a few aspects of the process for producing the public report that I am releasing today.  As I said several times, the report contains limited redactions relating to four categories of information.  To ensure as much transparency as possible, these redactions have been clearly labelled and color-coded so that readers can tell which redactions correspond to which categories.
As you will see, most of the redactions were compelled by the need to prevent harm to ongoing matters and to comply with court orders prohibiting the public disclosure of information bearing upon ongoing investigations and criminal cases, such as the IRA case and the Roger Stone case.
These redactions were applied by Department of Justice attorneys working closely together with attorneys from the Special Counsel’s Office, as well as with the intelligence community, and prosecutors who are handling ongoing cases.  The redactions are their work product.   
Consistent with long-standing Executive Branch practice, the decision whether to assert Executive privilege over any portion of the report rested with the President of the United States.  Because the White House voluntarily cooperated with the Special Counsel’s investigation, significant portions of the report contain material over which the President could have asserted privilege.  And he would have been well within his rights to do so.  Following my March 29th letter, the Office of the White House Counsel requested the opportunity to review the redacted version of the report in order to advise the President on the potential invocation of privilege, which is consistent with long-standing practice.  Following that review, the President confirmed that, in the interests of transparency and full disclosure to the American people, he would not assert privilege over the Special Counsel’s report.  Accordingly, the public report I am releasing today contains redactions only for the four categories that I previously outlined, and no material has been redacted based on executive privilege. 
In addition, earlier this week, the President’s personal counsel requested and were given the opportunity to read a final version of the redacted report before it was publicly released.  That request was consistent with the practice followed under the Ethics in Government Act, which permitted individuals named in a report prepared by an Independent Counsel the opportunity to read the report before publication.  The President’s personal lawyers were not permitted to make, and did not request, any redactions. 
In addition to making the redacted report public, we are also committed to working with Congress to accommodate their legitimate oversight interests with respect to the Special Counsel’s investigation.  We have been consulting with Chairman Graham and Chairman Nadler throughout this process, and we will continue to do so. 
Given the limited nature of the redactions, I believe that the publicly released report will allow every American to understand the results of the Special Counsel’s investigation.  Nevertheless, in an effort to accommodate congressional requests, we will make available to a bipartisan group of leaders from several Congressional committees a version of the report with all redactions removed except those relating to grand-jury information.  Thus, these members of Congress will be able to see all of the redacted material for themselves – with the limited exception of that which, by law, cannot be shared. 
I believe that this accommodation, together with my upcoming testimony before the Senate and House Judiciary Committees, will satisfy any need Congress has for information regarding the Special Counsel’s investigation.

Bronx Man Sentenced To More Than 13 Years In Prison For Firearms And Narcotics Trafficking


  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that ALEXIS VALDEZ, a/k/a “Lil Rico,” was sentenced today to 160 months in prison for firearms and narcotics trafficking.  VALDEZ and his co-conspirators sold seven guns, including an AK-47 assault rifle and a SKS assault rifle, a silencer, ammunition, and a bulletproof vest to undercover officers.  VALDEZ pled guilty in Manhattan federal court in April 2018 to one count of conspiring to distribute heroin and crack cocaine and one count of unlicensed firearms dealing.  U.S. District Judge Kimba M. Wood imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “Alexis Valdez sought to put illegal guns and drugs on the streets of New York City.  For his crimes, he will serve more than 13 years in prison.  We will continue to work with our law enforcement partners to investigate and prosecute those who would put the people of our city in danger.”
According to the allegations contained in the Indictment and statements made in related court filings and proceedings:
From 2016 to August 2017, VALDEZ and other members of a drug trafficking organization (“DTO”) sold narcotics near Hughes Avenue and East Tremont Avenue in the Bronx, New York (the “Hughes Avenue DTO”).  VALDEZ personally sold crack cocaine to undercover officers on several occasions.  Members of the Hughes Avenue DTO, including VALDEZ, are also members and associates of the “Rolling 30s” neighborhood set of the nationwide Crips street gang.    
From October 2016 to May 2017, VALDEZ and two other men, who were both members of the Hughes Avenue DTO, sold firearms to undercover officers.  Over the course of six sales, undercover officers purchased seven firearms, including an AK-47 assault rifle, a SKS assault rifle, a shotgun, and several handguns, including one firearm with a defaced serial number.  VALDEZ and his co-conspirators also sold a silencer for a gun, ammunition, and a bulletproof vest to the undercover officers. 
In addition to the prison term, VALDEZ, 26, of the Bronx, New York, was sentenced to four years of supervised release.  All nine members of the Hughes Avenue DTO charged in this case have pled guilty. 
Mr. Berman praised the work of the New York City Police Department and the Drug Enforcement Administration in this investigation. 

Attorney General James Unveils First-Of-Its-Kind All-Electric Truck Program In New York City


Funds from AG’s Office Provided Nine All-Electric, Zero-Emission Delivery Trucks for Six Non-Profit Organizations  

  Attorney General Letitia James unveiled the first-of-its-kind fleet of all-electric, zero-emission, delivery trucks in New York City in advance of Earth Day. With funding from the Attorney General’s Office, six non-profit organizations were provided with some of the world’s first battery-powered delivery trucks to support their operations for two years. The project is funded by a $9.5 million settlement the Attorney General’s Office reached with American Electric Power, the nation’s largest power company, over the company’s violations of the federal Clean Air Act.  

“Every day, my office fights to protect the thousands of New Yorkers who are sickened or die prematurely because of unhealthy air,” said Attorney General Letitia James. “The dirty diesel trucks that crowd our streets are a major source of our city’s worst local air pollution and greatly contribute to climate change. Zero-emission, all-electric trucks are the future of New York City’s truck fleet and I am proud to lead the way to provide these clean, efficient, and economical alternatives.” 
Traditional diesel delivery trucks are one of the greatest contributors to air pollution in New York City. These trucks are also responsible for over 70 percent of the emissions of deadly fine soot pollution by traffic in the city. According to the City of New York, current levels of fine soot pollution contribute to 2,300 premature deaths and 6,300 emergency room visits and hospitalizations for respiratory and cardiovascular disease in New York City each year. Specifically, fine soot pollution from trucks and buses contribute to 320 of these deaths and 870 of the emergency room visits and hospitalizations. 
The vast majority of the health impacts of soot and air pollution exposure are felt in low-income communities and communities of color in New York City. These communities have the highest truck and traffic volume and have industrial facilities, such as waste transfer stations, located in close proximity to residential areas. In fact, the children in many of these areas of the South Bronx, Northern Manhattan, and Central Brooklyn are three times more likely than children in other areas of the city to be diagnosed with asthma.  
These all-electric trucks eliminate vehicle emissions of all air pollutants, including soot and those that contribute to climate change. The use of these trucks over traditional diesel-fueled trucks would directly address New York City’s soot problem – one of the largest, most persistent, and deadliest air pollution problems. Additionally, electric trucks are more fuel efficient and cost less to maintain than conventional gas and diesel-fueled trucks.   
The six non-profit organizations participating in this project were chosen through a competitive application process. Big Reuse, GrowNYC, Habitat for Humanity New York City, New York Botanical Garden, Sustainable South Bronx, and the Wildlife Conservation Society are all  receiving funding from the Attorney General to lease one or two all-electric Mitsubishi Fuso “eCanter” medium-duty delivery trucks and charging infrastructure to support their operations for two years.    
During this period, the Attorney General’s Office will study the performance of the electric trucks deployed in the project, and document their utility and performance in New York City. The Attorney General’s Office will then prepare a report on the study’s findings on the trucks’ environmental, efficiency, and economic benefits, as well as addressing validating the business case for the adoption of these vehicles by private fleet operators. 
“This funding is providing a double dose of good for our community by cutting down on air pollution and providing our nonprofits with resources,” said Bronx Borough President Ruben Diaz, Jr. “So many of our Bronx residents suffer from health issues directly related to air pollution and seeing pilot programs like this one gives me hope for the future. I thank Attorney General Letitia James for her leadership on this issue.” 
“For many years, communities like the South Bronx have been unfairly exposed to negative environmental impacts, and moreover treated negatively by policies and leaders who completely ignored the ramifications and effects of poor air quality on generations of Bronx residents," said Assemblyman Marcos A. Crespo. “While we have accomplished plenty in the last decade, there is still much more to do to turn the tide of poor health outcomes for people of color. That is why I am extremely grateful to Attorney General Letitia James for this one of a kind initiative. With a vibrant commercial corridor sounding our neighborhoods, the availability of all-electric trucks will have a direct and immediate impact in improving air quality and more importantly the health outcomes of our families.” 
“Sustainable South Bronx is generating opportunities for New Yorkers facing barriers to employment while building an economically and environmentally sustainable New York City,” said Jennifer Mitchell, Executive Director, Sustainable South Bronx and The HOPE Program. “We are engaging community members to mitigate the impact of climate change on vulnerable communities, improving public health outcomes while assisting job seekers in establishing the foundations for long and fulfilling careers. This electric truck will increase our impact while reducing the carbon footprint of our operations and we thank Attorney General James for funding this important program.” 
“We are grateful to Attorney General James’ Office for these two electric trucks,” said Karen Haycox, CEO, Habitat for Humanity New York City. “More trucks in our ReStore’s fleet means that we can collect more donations, divert more usable material from landfills and generate more funds for our core mission to build and preserve affordable housing in and around NYC. We are thrilled that our city and our world are made a little cleaner and greener by this extraordinary effort and we look forward to partnering with Attorney General’s Office for years to come.” 
"Big Reuse thanks the Attorney General James and her team for their leadership on the E-truck program,” said Justin Green, Executive Director, Big Reuse. “It has been a dream for Big Reuse to have zero emission truck to carry out our mission of achieving zero waste. The e-trucks are more cost effective, quieter and all around better to drive than a diesel truck – in addition to not emitting exhaust into our neighborhoods. We can't wait until all the trucks in NYC are e-trucks." 
“Many thanks to Attorney General Letitia James for funding this project and investing in a cleaner, greener New York City,” said David Hurd, DirectorGrow NYC’s Zero Waste programs. “This electric truck will displace our gas powered truck, and it will be used to compost over 2.5 million pounds of food scraps each year, bringing the City closer to its Zero Waste and carbon reduction goals. We’re elated that we’ll soon hit a 15-million-pound milestone of food scraps diverted with this zero-emission, high performance, electric truck.”   
“The New York Botanical Garden would like to thank the New York Attorney General’s office for providing two Mitsubishi/Fuso fully electric trucks, which we use to transport plants and equipment on our 250-acre campus and for deliveries throughout the metropolitan area,” said Mark Cupkovic, Vice President for Site Operations and Chief Sustainability Officer, New York Botanical Garden. “The trucks have proven to be reliable, easy to operate, and fully functional as part of the Garden’s fleet of vehicles. The installation of the electric charging station for the vehicles was straightforward, and it has also been reliable and easy to use. The Botanical Garden appreciates this opportunity to demonstrate the potential of an urban delivery system that reduces climate-changing carbon emissions and other pollutants while providing the necessary services.”   
“For too long, dangerous air pollution and climate change have had a disproportionate impact on low-income and communities of color in New York City,” said Cecil Corbin-Mark, Deputy Director and Director of Policy Initiatives, WE ACT For Environmental Justice. “One of the greatest factors contributing to this pollution are the dirty diesel trucks that traverse our city and emit hazardous chemicals that harm our people and our planet. These new, all-electric trucks will go a long way in curbing emissions and protecting our most vulnerable communities and we thank Attorney General James for her leadership on this issue.” 
“With today’s focus on developing work trucks that emit zero-tailpipe emissions, FUSO is very appreciative of partnerships like the Urban Clean Air Truck Demonstration from the NYS Office of the Attorney General,” said Justin Palmer, President and CEO, Mitsubishi Fuso Truck of America, Inc.“These types of programs help to facilitate real-world deployment of industry-leading technologies like the world’s first series produced FUSO eCanter all-electric truck.” 

BRONX MAN SENTENCED TO 20 YEARS TO LIFE IN PRISON FOR TAKING NYPD OFFICER’S GUN AND FATALLY SHOOTING DELI WORKER


Defendant Pleaded Guilty to First-Degree Murder 

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 20 years to life in prison after pleading guilty to first-degree Murder for fatally shooting a deli worker with a police officer’s gun. 

 District Attorney Clark said, “The defendant, Effrain Guzman, killed an innocent deli worker who ran over to help fellow bodega workers while they were being assaulted by Guzman. The defendant grabbed the gun of a police officer who responded to the incident and fired approximately 15 rounds, and one shot struck the victim, a hard-working father who showed bravery during the last moments of his life.” 

 District Attorney Clark said the defendant, Effrain Guzman, 33, of 20 Richman Plaza, was sentenced today to 20 years to life in prison by Bronx Supreme Court Justice James McCarty. The defendant pleaded guilty to first-degree Murder on January 2, 2019 before Bronx Supreme Court Justice Barry E. Warhit.

 According to the investigation, on the night of August 9, 2016, Guzman entered N&A Foods and begged for money. Wally Camara, 49, a worker there, threw him out. The defendant then walked across the street to A&M Deli, at East 198th Street and Valentine Avenue, where he demanded money and attempted to get behind the counter. Guzman assaulted the workers there and Camara ran over to the bodega to help them. NYPD Police Officers Jorge Monge and Sean Kern responded to the call and attempted to break up the fight. Guzman took the gun out of Monge’s holster and began firing, striking Camara in the leg. Kern returned fire and struck Guzman. As the defendant lay on the floor, he continued firing at the cops and store workers until the gun ran out of rounds.

 The victim died from a gunshot wound to his right thigh that severed the femoral artery 

 District Attorney Clark thanked the NYPD Field Investigation Division, specifically Detective Michael Carreras and Lieutenant John Natoli.