Attorney General James Leads Coalition Of 7 States To Urge FDA To Strengthen E-Cigarette Guidance

  New York Attorney General Letitia James, leading a coalition of 7 Attorneys General, filed comments urging the Food and Drug Administration (FDA) to take stronger action to address the scourge of e-cigarette use among youth.   

The coalition advocated that the FDA’s enforcement actions should include menthol and mint flavors, which the FDA proposed to exclude. The coalition also advocated that the FDA advance further the date it will begin enforcement actions against all flavored e-cigarettes that the FDA has not approved.  Flavored e-cigarettes contribute to the ongoing epidemic of youth use because they have been shown to lead middle and high school students to begin tobacco use at a young age. Additionally, the coalition pressed the FDA to ban the online sale of e-cigarettes. 

“The FDA’s fundamental responsibility is to protect the health and wellbeing of the American public,” said Attorney General Letitia James. “Increased enforcement action on flavored e-cigarettes are critical to public health, especially for young New Yorkers, who too often get hooked on these products at a young age, leading to a lifetime of addiction. My office will continue to work with other states to prioritize the welfare of our youth.” 

On March 14, 2019, the FDA published the Draft Guidance entitled “Modifications to Compliance Policy for Certain Deemed Tobacco Products” to explain its proposed changes to the compliance policies for certain deemed tobacco products, including e-cigarettes, and to describe how the FDA intends to prioritize its enforcement resources with regard to the marketing of those products. As part of its rulemaking process, the FDA sought comments to inform the final version of the guidance. The Attorneys General are urging that the FDA prioritize enforcement action against all flavored e-cigarettes, including menthol, and mint; begin enforcement sooner than its proposed date; and ban the online sale of e-cigarettes. 

The comment letter urges the FDA to take these actions for a number of reasons. Research has shown that current use of menthol or mint e-cigarettes increased from 42.3% to 51.2% among all current e-cigarette using high school students during 2017-2018.  Additionally, online sales of e-cigarettes make such products less expensive through evasion of state taxes, which makes them more readily available to youth. 

The letter was led by New York Attorney General James and signed by the Attorneys General of California, Connecticut, Illinois, Pennsylvania, Rhode Island and Vermont.  

In 2009, Congress enacted the Family Smoking Prevention and Tobacco Control Act (TCA), which effectively banned cigarettes that contained flavors other than tobacco or menthol, and granted the FDA the authority to regulate tobacco products. The TCA was passed in order to reduce the number of youth who smoke and become addicted to tobacco products. The New York State Office of the Attorney General now urges the FDA to follow in the footsteps of Congress and take action against flavors in other products, such as e-cigarettes. 

News From Bronx District Attorney Darcel Clark

BRONX GANG MEMBER SENTENCED TO 4 ½ to 13 ½ YEARS IN PRISON FOR FATAL FOURTH OF JULY STABBING 

Jury Found Defendant Guilty of Manslaughter

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 4 ½ to 13 ½ years in prison for fatally stabbing a teenager in Claremont Park on July 4, 2016. 

 District Attorney Clark said, “The defendant stabbed the victim in the heart after a brawl in Claremont Park. He then fled to Dominican Republic and was arrested a month later when he returned to New York. The victim of this senseless violence was only 17 years old.” 

 District Attorney Clark said the defendant, Hector Hernandez, 24, of the Bronx, was sentenced today by Bronx Supreme Court Justice James McCarty to 4 ½ to 13 ½ years in prison. A jury found the defendant guilty of second-degree Manslaughter on March 29, 2016.

 According to the investigation, in the early morning of July 4, 2016, Hernandez, who was second-in-command of the Trinitarios “Sunset” set at the time, was with a large group of his gang members in Claremont Park at Belmont Street and Clay Avenue. While at the park a dispute began between the group members. The victim, Esmeldyn Pena, 17, punched another gang member, who was a close friend of the defendant. Hernandez then stabbed Pena in the heart with a knife, causing his death.

 The defendant fled to New Jersey, then flew to the Dominican Republic with his girlfriend. Thinking things had calmed down, he flew back to New York City on August 2, 2016 and was arrested upon his arrival at John F. Kennedy Airport.

 District Attorney Clark thanked Ana Pimentel of the Crime Victims Assistance Unit. District Attorney Clark also thanked NYPD Detective Javier Hernandez of the 44th Precinct and Investigator Scott Frank of DOC Correction Intelligence for their assistance in the investigation.

BRONX MAN INDICTED IN BRUTAL MURDER OF NEWBORN SON 

Infant Sustained Multiple Injuries to the Body

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on Murder and Manslaughter charges in the death of his 38-day-old son. 

 District Attorney Clark said, “The defendant allegedly threw his infant son to the ground after he became frustrated with the baby’s crying. We will pursue justice for this most innocent victim and for the family members coping with such a horrible loss.” 

 District Attorney Clark said the defendant, Christian Rodriguez, 25, of the Bronx, was arraigned today on second-degree Murder, and first and second-degree Manslaughter before Bronx Supreme Court Justice George Villegas. The defendant was remanded and is due back in court on June 5, 2019. 

 According to the investigation, on the night of March 18, 2019, the defendant left a family gathering with the infant, Aiden Rodriguez, and went to their Bronx home. The defendant said he hit the baby’s head on the edge of a doorframe while holding him and trying to maneuver the stroller into the bedroom. Rodriguez allegedly threw the child on the floor after he wouldn’t stop crying.

 The victim was taken to Lincoln Hospital where doctors were able to revive and intubate Aiden. The newborn was transferred to Columbia Presbyterian Hospital where he went into cardiac arrest upon arrival and was pronounced dead after efforts to revive him were unsuccessful. According to the medical examiner, the infant had several injuries to his body, including a large skull fracture and trauma to his brain.

 District Attorney Clark thanked Assistant District Attorney Amir Fadl of the Child Abuse/Sex Crimes Bureau for his assistance in the case. District Attorney Clark also thanked Detective Jose Romero of the 40th Precinct Detective Squad and Detective John Ferretti from the Bronx Homicide Task Force.

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

BRONX MAN SENTENCED TO 20 YEARS IN PRISON FOR STABBING TEEN TO DEATH WHILE TRYING TO ROB HIM

Defendant Pleaded Guilty to Manslaughter; Also Pleaded Guilty to Robbery and Assault for Two Other Incident

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 20 years in prison for fatally stabbing a teenage boy he was trying to steal from in 2016, for robbing a man, and for assaulting a Correction Officer while being held on Rikers Island. 

 District Attorney Clark said, “The defendant stabbed and killed Carluis Ducasse, a straight-A student who was just days away from graduating high school. The incident happened in front of his home while the victim was out buying ice cream with a friend. The defendant took the life of a promising young man and now he will spend two decades behind bars.” 

 District Attorney Clark said the defendant, Eustace James, 22, of 2405 Marion Avenue, was sentenced today to 20 years in prison and 5 years post-release supervision by Bronx Supreme Court Justice Marsha Michael. James pleaded guilty to first-degree Manslaughter, second-degree Assault and second-degree Robbery on March 20, 2019. 

According to the investigation, on June 17, 2016, in front of 1764 Walton Avenue, a separately apprehended individual, Tristan Ortiz, went up to Carluis Ducasse, 17, and demanded money. When the teen resisted and fought back, James stabbed him once in the chest with a knife. The victim was taken to St. Barnabas Hospital where he died.

 On May 3, 2017 at 54 East 182nd Street, the defendant came upon Ruben Padilla, 54, in a building stairwell and robbed him. The defendant pointed what appeared to be a firearm--but was actually a BB gun-- at the victim and told him to give him money or he would kill him. James took Padilla’s wallet, cellphone, cash and debit card, among other belongings.

 James was arrested on July 20, 2017.

 According to the investigation, on March 20, 2019 at the George Vierno Center in Rikers Island, the defendant assaulted a Correction Officer. The victim had gone inside a janitor’s closet to fetch a scrub brush for the defendant when James entered the closet after him and punched the CO multiple times in the neck and face.

 District Attorney Clark thanked Detective Matthew McCrosson of the Bronx Homicide Squad for his assistance in the investigation. 

  

Senators Harckham and Biaggi Condemn Probation Sentence for Rapist of 14-year-old Girl

  Senator Pete Harckham and Senator Alessandra Biaggi condemned the extraordinarily light sentence handed to a Watertown, NY school bus driver who was convicted of raping a 14-year-old girl on his bus route.

Rather than send Shane M. Piche, the former bus driver, to prison, Jefferson County Judge James P. McClusky sentenced the defendant to 10 years probation last Thursday. Piche was also assigned the lowest level status on New York's sex offender registry. Both the prosecutor and victim's family had hoped for a lengthy prison sentence and Level 2 sex offender designation.

Senator Alessandra Biaggi said, "As a society, we should be focused on how to protect women from being raped. This crime is particularly offensive because this man used his position of trust as a school bus driver to lure and attack a young girl. When courts don't treat a rape as a serious criminal offense, it tells women we don't care and tells men they won't be held accountable.  We need to ensure there are just outcomes so victims of rape will not be disregarded." 

Senator Pete Harckham, said, "As the father of two daughters, this slap on the wrist for the rape of a 14-year-old girl sickens me. Even worse, the defendant was a school bus driver who used his proximity to children to find and sexually abuse a victim. We need to strengthen our laws so that convicted sexual predators receive stiff prison sentences that are not left to the whim of any judge who lacks common sense and empathy."

Piche pleaded guilty on February 21st to third-degree rape. Prosecutors asked the judge to hand him a Level 2 sex offender designation which would have meant that his home address would have to be posted online in the state's sexual offender registry. But on Thursday, Judge McClusky placed Piche as a Level 1 sex offender with a "low risk of re-offense"; according to state guidelines. His future address will not be added to the online registry.

State Senator Gustavo Rivera - SEVENTEEN BILLS MOVE THROUGH COMMITTEE DURING SIXTH MEETING OF THE SENATE HEALTH COMMITTEE

  The Senate Health Committee, chaired by State Senator Gustavo Rivera, moved through committee the 17 bills that were up for a vote on today's committee agenda. 

"Today, the Health Committee took decisive steps to ensure New Yorkers have the tools and information they need to improve and protect their health. We passed a number of measures to protect children from anaphylactic shock, require chain restaurants to label menu items with high content of sodium, and protect New Yorkers in adult care facilities from the dangers of secondhand smoke exposure. We also continued to tackle maternal mortality and the opioid epidemic, two issues greatly impacting New Yorkers across the our State," said State Senator Gustavo Rivera. "Further, we moved a common sense bill that will allow New Yorkers under 16 years old to operate lemonade stands without a health permit in order to promote entrepreneurship among our youth."

During today's meeting, the following bills were voted for the following bills in the following categories:

ENSURING CHILDREN'S SAFETY AND WELL-BEING: 

• S218A (Benjamin) - Bill to require anaphylactic policies for child care services.

• S3834 (Metzger) - Bill to provide certain professional services to children's camps and camps for children with developmental disabilities.

• S2599 (Parker) - Bill to authorize and direct the department of health to do research and study as to the effects of psychostimulants, selective seratonin reuptake inhibitors, antidepressants and other drugs which are prescribed for attention deficit disorders, ADD and ADHD, for school age children.

IMPROVING OUR STATE'S PUBLIC HEALTH INDICATORS:

• S2873 (Carlucci) - Bill to ban smoking in adult care facilities.

• S4930 (Rivera) - Bill to require chain restaurants to label menu items that have a high content of sodium.

• S1307 (Serino) - Bill to report lyme and tick-borne disease infection after death.

REDUCING NEW YORK'S MATERNAL MORTALITY RATE:

• S3158 (Ramos) - Bill to provide a premium reduction for obstetric practitioners who complete a risk management strategies course.

COMBATING THE OPIOID EPIDEMIC IN NEW YORK:

• S1668 (Brooks) - Bill to require that on death certificates for persons whose death is caused by an opioid overdose, the specific opioid responsible is included.

• S4277A (Harckham) - Bill to require health practitioners to discuss with patients the risks associated with certain pain medications before prescribing such medications; and in relation to opioid analgesic prescriptions.

OTHER IMPORTANT BILLS THAT WERE MOVED THROUGH COMMITTEE: 

• S762 (Tedisco) - Bill to exempt lemonade stands operated by persons under sixteen years of age from department of health permitting requirements.

• S1728 (Skoufis) - Bill to establish hospital-sponsored off campus emergency departments

• S1811 (Rivera) - Bill that relates to the appointment of the state medicaid director.

• S1816 (Rivera) - Bill to integrate home care into the state's public health and prevention efforts.

• S4475 (Montgomery) - Bill to define "person" in parental relationship to a child.

• S4582 (Sanders) - Bill to conform the definition of palliative care throughout the public health law.

• S4841 (Rivera) - Bill that relates to the execution of orders not to resuscitate and orders pertaining to life sustaining treatments by physician assistants.

• S5000 (Parker) - Bill to establish the nurse loan repayment program.

MAYOR DE BLASIO APPOINTS MELISSA A. BROWNE AS EXECUTIVE DIRECTOR OF THE MAYOR'S OFFICE OF SPECIAL PROJECTS AND COMMUNITY EVENTS

  Mayor de Blasio today appointed Melissa A. Browne as the new Executive Director of the Mayor's Office of Special Projects and Community Events (MOSPCE). As Executive Director, Melissa will bring her extensive experience to bear to help create and manage events that highlight the diverse background of New Yorkers.

“The work of our special projects and community events team is key to celebrating the diversity of our great city and bringing New Yorkers together,” said Mayor de Blasio. “I welcome Melissa, who brings a wealth of knowledge to this role and will ensure The People’s House continues to live up to its name. I am confident that she will serve our entire city well.”

"Our city is home to many vibrant communities and much of MOSPCE's work revolves around bringing them together to strengthen our bond as New Yorkers," said First Lady Chirlane McCray. "Melissa's extensive experience in creating thoughtful, memorable events has ensured that Gracie remains The People's House. We are thrilled to welcome her into this new role."

“What a privilege to accept this position from the Mayor,” said MOSPCE Executive Director Melissa A. Browne. “I look forward to continuing to find ways to advance the Mayor and First Lady’s mission to make the City’s events and projects inclusive and open to all New Yorkers. Having had the pleasure of working closely with the hardworking MOSPCE team, I’m thrilled to join them as Executive Director and the work they do in celebrating the diversity of New York’s communities.”

MAYOR DE BLASIO TO BOARD OF ELECTIONS: GET EARLY VOTING RIGHT

City budget commits $75 million to provide early voting at 100 poll sites

  Mayor de Blasio today hosted elected officials and advocates at a rally demanding that the Board of Elections make Early Voting easy for New Yorkers. The Mayor urged the BOE to use $75 million dedicated in the Executive Budget to open 100 early voting sites, ensuring no New Yorker has to travel far to cast an early ballot this November. Early voting requires the BOE to offer New Yorkers the opportunity to vote for nine days prior to Election Day. In addition to helping seniors, people with disabilities, parents and people who have a difficult work schedule, early voting can potentially help prevent long lines, confusion and broken ballot machines on Election Day, which New Yorkers experienced in the 2018 General Election.

The Mayor sent a formal letter to the BOE urging them to put forth a robust early voting plan. The letter can be found here.

“We now have a real opportunity in New York to strengthen our democracy and drive up participation in our elections,” said Mayor Bill de Blasio. “However, to take advantage of this opportunity, the Board of Elections must abandon their age old practice of doing the bare minimum. They must do right by New Yorkers, and we’re giving them the funding to do it. I want to thank the Chairs of the Committee on Elections, State Senator Zellnor Myrie and Assembly Member Charles Lavine, as well as the rest of the legislature for approving early voting – a crucial electoral reform that will make voting easier. Our message to the Board of Elections is simple: get early voting right.”

“Early voting empowers New Yorkers who traditionally have a hard time getting to the polls on Election Day,” said Deputy Mayor for Strategic Policy Initiatives J. Phillip Thompson. “Whether you’re a senior, parent or just someone with a tight work schedule, the Board of Elections must do right by you. We’re giving the Board of Elections enough funding to come up with a robust early voting plan that can touch every community. Providing early voting at less than 100 poll sites will be completely dismissive of what New Yorkers need and deserve to participate in our democracy.”

“DemocracyNYC was founded to increase public engagement in our democratic process. Giving every New Yorker a voice means making elections more fair and accessible, and early voting is a critical step toward achieving this goal. I want to thank Chairs Myrie and Lavine for their leadership in passing early voting in the State Legislature, and for their unwavering commitment to election reform. I strongly encourage the Board of Elections to establish a robust, accessible and equitable early voting program,” said Ayirini Fonseca-Sabune, New York City’s Chief Democracy Officer.

In the most recent legislative session, the State passed crucial electoral reforms to make voting easier for New Yorkers, including consolidating state and federal primaries, authorizing the use of electronic poll books and providing early voting for nine days prior to election day. In his Fiscal Year 2020 Executive Budget, the Mayor allocated $96 million for these reforms, including $75 million to provide early voting for three election cycles in 2019.

The State legislation requires the BOE to provide early voting at a minimum of 34 poll sites. However, the Mayor’s funding commitment allows the BOE to go beyond the minimum requirements of the law. Each of the three upcoming elections will receive $25 million to designate a total of 100 sites. Specifically, the funding will cover the 2019 November General Election, 2020 Presidential Primary and the 2020 June Primary.

The Mayor’s $75 million investment also includes funding for dozens staffers at each of the 100 poll sites across New York City. Early voting begins October 26 through November 3. There are countless libraries, schools, senior and community centers, including NYCHA community centers, which have previously been used as poll sites.

The BOE has a long history of providing the bare minimum when administering elections, as illustrated by their interpretation services. The BOE currently provides interpretation services in certain poll sites in Spanish, Mandarin, Cantonese, Korean and Bangla, as required by the Voting Rights Act. The BOE has the authority to go beyond what is required by law to provide additional interpretation services to additional limited English proficient New Yorkers but has not done so. In the face of their inaction, the Administration has previously filled a gap across communities by providing interpretation services at poll sites in an additional six commonly spoken languages among limited English proficient eligible voters. These languages include Russian, Haitian Creole, Italian, Arabic, Polish and Yiddish, among others.

In February, the BOE sued the City to bar City interpreters from being placed inside poll sites to make voting easier for limited English Proficient New Yorkers. A judge denied the BOE’s request for a preliminary injunction, allowing the City to move forward with its plan to place interpreters inside 48 poll sites in Brooklyn and Queens for the Public Advocate Special Election. The BOE’s lawsuit against the City is ongoing. At the rally, the Mayor denounced the BOE’s attempt to make voting harder for limited English proficient New Yorkers.

Bronx Borough President Ruben Diaz Jr. - Bronx Israel Independence Day Festival!!!

VAN NEST NEIGHBORHOOD ALLIANCE–MONTHLY MEETING–MONDAY MAY 6, 2019–7:00PM

If you have any questions about your Post Office or Mail Delivery in 10460, 10461 or 10462, this is the time to come and ask your questions. We will have Area Managers and Customer Managers for 10460, 10461 and 10462 as guest speakers at our May 6th VNNA Monthly Meeting.

MONSIGNIOR FIORENTINO APTS–1830 AMETHYST STREET, COMMUNITY ROOM