Friday, January 21, 2022

Attorney General James Provides Guidance to New Yorkers Following Expiration of Eviction Moratorium

 

  New York Attorney General Letitia James today issued guidance to remind New Yorkers of the various rights and protections for residents following the expiration of New York’s eviction moratorium on January 15, 2022. Though landlords are now able to start new eviction cases, proceed with existing cases, and issue eviction warrants against some tenants, New Yorkers still have some protections under state laws and access to rental assistance programs to help keep them from losing their homes as the coronavirus disease 2019 (COVID-19) pandemic continues.

“As New Yorkers continue to struggle with the economic fallout of the COVID-19 pandemic, it is imperative that individuals are aware of their rights so they aren’t left out in the cold,” said Attorney General James. “Although our state’s eviction moratorium may have ended, the guidance we are issuing today highlights the various measures that are still in place for New Yorkers to prevent eviction and stay in their homes. My office remains committed to protecting New Yorkers, and we will continue to do everything we can to ensure the safety and wellbeing of New York residents.”

New York state’s eviction moratorium previously stopped landlords from filing new eviction cases and proceeding with pending cases through January 15, 2022 for tenants who signed a hardship declaration. While the moratorium has elapsed, New York state residents can still apply to have their rent arrears paid by the state under the Emergency Rental Assistance Program (ERAP). Residents of Rochester and Monroe County, Yonkers, Onondaga County, and the towns of Hempstead, Islip, and Oyster Bay, must apply for emergency rental assistance through their local programs. For more information, including where to file an online application and to find out where funds are still available, New Yorkers are encouraged to visit ERAP’s website

In her continued efforts to protect New Yorkers and their rights, Attorney General James highlights the following information regarding New York’s eviction protections as of January 16, 2022:There is no automatic stay of eviction effective under New York state law at this time. Tenants whose cases were stayed because they had filed a hardship declaration should check with the court to find out the status.

  • New eviction cases can be filed without the landlord being required to provide the tenant a state hardship declaration form. Eviction cases that were previously stayed when tenants filed a New York state hardship declaration form can now proceed in court, unless an ERAP application is still pending.
  • Eviction proceedings where a petitioner-landlord or respondent-tenant has applied for rent arrears assistance under ERAP will be stayed until a final determination is made on their application by the New York Office of Temporary and Disability Assistance. Landlords who have received emergency rental assistance on behalf of a respondent-tenant must submit notice to the court where the eviction proceeding is pending.
  • Under the terms of New York’s Tenant Safe Harbor Act, tenants who were sued in a summary proceeding under Article 7 of the Real Property Actions and Proceedings Law (RPAPL) for rent arrears accrued from March 7, 2020 through January 15, 2022 may be able to prevent eviction if they suffered financial loss due to COVID-19.
  • Landlords may not charge late fees for rent that was due from March 20, 2020 through June 24, 2021 and may not seek these fees in an eviction proceeding.
  • Eviction cases that were filed before March 17, 2020 will be allowed to proceed only after the tenant is notified to attend a conference initiated by the court. This applies to all stages of a case, even if a judgment and/or eviction warrant has been issued.

Attorney General James also highlights other tenant protections under New York law, including:

  • Landlords must serve written late notices and a 14-day written rent demand before starting any nonpayment eviction case in court. Landlords must also serve notice and bring a court proceeding against tenants whose leases or rental agreements have expired (without a right to renewal).
  • If a tenant pays the full amount in rent before the hearing date on the nonpayment petition, the landlord must accept payment and the proceeding must be dismissed.
  • Courts have the discretion, for good cause, to stay or vacate a warrant, stay re-letting or renovation of a premise for a reasonable period of time, and restore tenants to possession. Courts also have the discretion to grant an occupant a stay of up to one year by taking into consideration factors such as serious illnesses and extenuating life circumstances.
  • It is illegal for landlords to harass or force tenants into vacating their apartments by denying or interrupting essential services or taking other actions interfering with the use of their dwelling. This conduct may constitute illegal eviction under law.
  • Landlords may not take self-help action to remove a lawful occupant who has lived in their dwelling for 30 consecutive days or more, without a court process.

Lastly, Attorney General James provides the following resources for tenants who are facing eviction:

Governor Hochul Announces General Motors to Invest Nearly $154M at Lockport Plant for Production of Electric Motor Components

 Electric vehicle car charging

Renovations to the Niagara County Facility will Begin Immediately

Helps to Reduce New York's Carbon Footprint by Accelerating Goals and Availability of Electric Vehicles


 Governor Kathy Hochul today announced that General Motors plans to invest nearly $154 million in its Western New York Lockport Components plant. The investment will be used to renovate the facility and purchase and install new machinery and equipment used in the production of the stator module, a key component in an electric motor. Electric motors will be used in a variety of GM's future Ultium Platform-based electric trucks and SUVs. Facility renovations will begin immediately.  

"With this major investment at its Lockport facility, General Motors is taking the next steps to advance an all-electric future," said Governor Hochul. "Not only will this investment provide a boost to Western New York's economy, but it will play a critical role in supporting our efforts to electrify the transportation sector and reduce climate-altering greenhouse gas emissions and air pollution." 

Gerald Johnson, GM Executive Vice President of Global Manufacturing and Sustainability said, "GM's investment in Lockport reaffirms our commitment to manufacturing in Western New York and our confidence in this team because they will build a crucial module in our electric motor assembly for our future EV trucks and SUVs. We appreciate the support from the state of New York, and it was an important factor in making this investment possible."

As Lockport Components, which is a unionized facility located on Upper Mountain Road, prepares for electric motor component production, the facility will continue to build a variety of components that support GM's current truck and SUV production. Lockport Components currently produces radiators, condensers, heater cores, evaporators, HVAC modules, oil coolers and other components used in a variety of GM trucks. GM currently estimates Lockport Components will add approximately 230 positions between 2023-2026.  Actual staffing plans will be finalized closer to the start of production as the facility transitions to support EV motor component production.

Empire State Development (ESD) will provide up to $5.65 million in Excelsior Jobs Program "green" investment tax credits in return for investment commitments to move the project forward.

Empire State Development Acting Commissioner and President & CEO-designate Hope Knight said, "The auto industry is a critical economic driver in Western New York. General Motors' renovations at its Niagara County facility will help the region continue to lead the way with the next generation of electric vehicles and support New York's transition to the green economy."

New York State has also been supporting the location through the allocation of 18 megawatts of low-cost hydropower from the New York Power Authority's Niagara Power Project in Lewiston.

NYPA Interim President and CEO Justin E. Driscoll said, "The decision from General Motors to expand in Lockport is great news for Western New York. General Motors has been a longtime hydropower customer of the Power Authority, so it's exciting to see the firm continue to grow and create jobs in the region."

Lockport Components was founded in 1910 as the Harrison Radiator Company for the purpose of designing, manufacturing, and selling automotive radiators and components. With more than 1,500 employees, the site is focused on continuous improvement through a joint team process between UAW Local 686, Local 55 and plant management.

About General Motors 

General Motors (NYSE:GM) is a global company focused on advancing an all-electric future that is inclusive and accessible to all. At the heart of this strategy is the Ultium battery platform, which powers everything from mass-market to high-performance vehicles. General Motors, its subsidiaries and its joint venture entities sell vehicles under the Chevrolet, Buick, GMC, CadillacBaojunand Wuling brands. More information on the company and its subsidiaries, including OnStar, a global leader in vehicle safety and security services, can be found at https://www.gm.com.

About Empire State Development 

Empire State Development (ESD) is New York's chief economic development agency. The mission of ESD is to promote a vigorous and growing economy, encourage the creation of new job and economic opportunities, increase revenues to the State and its municipalities, and achieve stable and diversified local economies. Through the use of loans, grants, tax credits and other forms of financial assistance, ESD strives to enhance private business investment and growth to spur job creation and support prosperous communities across New York State. ESD is also the primary administrative agency overseeing the New York State Regional Economic Development Councils and the marketing of "I LOVE NY," the State's iconic tourism brand. For more information on Regional Councils and Empire State Development, please visit www.regionalcouncils.ny.gov and www.esd.ny.gov.

Thursday, January 20, 2022

MAYOR ADAMS’ PREPARED REMARKS TO U.S. CONFERENCE OF MAYORS WINTER MEETING

 

The following are prepared remarks for New York City Mayor Eric Adams at the U.S. Conference of Mayors Winter Meeting:

 

Thank you, Mayor Suarez, and thank you to the entire conference of my fellow mayors. 

 

I’ve only been mayor of New York City for a few weeks, but I want you to know that I appreciate all the support and solidarity you have already shown me. There’s a lot of experience in this room. And I am proud to be among you. Listening to you. Learning from you. 

 

As mayors from all over this great nation: There is nothing more important than for us to be working together to solve problems, deliver services, and produce results for our people. Because with so much dysfunction in Washington and division in our nation, now is the time for mayors to lead America.

 

Over the last two years, we have seen exactly how important this urban civic leadership is to the entire country. When COVID first appeared, every mayor could see: This wasn’t a problem that was going to be solved on an individual level. But it also wasn’t going to be addressed on a federal level. We needed to think globally and act locally, as the saying goes. And we were going to have to do it fast. 

 

The pandemic showed us that we didn’t have a lot of space for political debates and ideological rhetoric. We were going to have to make decisions in real time. What we needed was to be radically practical. But to make those decisions and put them into play, we also needed leadership. And you, my fellow Mayors, provided that leadership when we needed it most.

 

Thanks to you, the 80 percent of Americans who live in cities got the guidance they needed to protect each other from the spread of COVID. During the worst months of the crisis, we were able to keep our cities going because our municipal workforce, our essential workers, stepped up and kept up. And when the vaccine became available, you made sure that your city workforce was marshaled to distribute that life-saving miracle shot to everyone who wanted it. Thanks to you, our cities kept on functioning — and America was shown a path to recovery.

 

But inaction by our federal government now darkens that path at a critical moment. The COVID crisis exposed problems that have been with us for far too long.

 

People are ready to rebuild — but we can’t just go back to the way things were before. We can't keep governing from crisis to crisis. We have to look at the rot that was exposed at the foundations of our society. We can’t just put drywall over it and pretend we didn’t see it. And we must acknowledge these truths and speak clearly to our citizens.

 

We can’t pretend our working-class people are getting a fair shake and a fair wage. We’re going to have to change that.

 

We can’t pretend that our streets and subways are safe when people can see that guns and violence are killing people every day. We have to stop that.

 

We can’t pretend our kids are getting an equal education when so many have fallen behind. We’re going to have to change the way we educate our kids and support our teachers.

 

But Mayors know: You can’t just say it. You have to do it. Because the people know you are in charge. They know who is responsible. 

  

So, we’re going to do these things — and be radically practical. That’s our job as mayors, as leaders. But we’re going to need some help.

 

Now, I know there are many in Washington who are fighting hard for us. They want real change, too. 

 

I’m proud of the New York City delegation. They are warriors! And they don’t come out to play. They come out to fight. Everyone here in Washington knows that. 

 

But while our partners are leading the charge for justice and progress on a national level, we mayors are going to have to keep moving ahead on the local level. And we’re going to need to set an example for the federal level.

 

We have to be willing to try new things, big things — and implement those plans with precision. We have to turn innovative ideas into serious action with quantifiable results.

 

Today, I am calling for a new national urban agenda that follows these principles and ‘Gets Stuff Done,’ as we like to say in New York.

 

First, we need to treat the cancer of violence that is holding our cities back. To do that, we will need greater coordination with the FBI, ATF, and state law enforcement. We will also need more funding for violence interrupters and programs that address the root causes of crime. That means more resources for skills training, job placement, and youth mentoring.

 

Next, we will need dollars for childcare. Any working-class or low-income parent who cannot work because they cannot find affordable childcare will be trapped in a negative economic cycle forever. With the childcare initiatives put forward by the White House and majorities in both houses of Congress, we can free them from that cycle.

 

And, finally, we need even more infrastructure investment than we received in last year’s historic legislation, investments that go directly to cities. Cities are highly efficient users of government investment in housing, transportation, and environmental improvements. And we need the jobs they provide.

 

Public safety, childcare, infrastructure. That is how we create safer, more prosperous cities as we recover. That is how we bring our country back. That’s being radically practical. That’s what I campaigned on, and that’s what I’m going to deliver for my fellow New Yorkers.

 

As you all know: Being a mayor is hands-on work. You have to meet people where they are. You can’t pretend it’s someone else’s job. And that’s what so great about it. Mayors can make a difference — globally, locally, personally. As my administration gets underway, I look forward to getting to know many of you better. 

 

I know we can work together on solutions for our big urban challenges.

 

Let’s share our creative inspirations and reality-based solutions. Let’s move forward into a future where we can combine the latest in technology with the social innovation that people are yearning for. Let’s pull together, plan together, and lead this nation by example. 

 

Let’s be radical. Let’s be practical. Let’s ‘Get Stuff Done.’

 

Belarusian Government Officials Charged With Aircraft Piracy For Diverting Ryanair Flight 4978 To Arrest Dissident Journalist In May 2021

 

Senior Belarusian Officials Conspired to Use a False Bomb Threat to Unlawfully Divert a Passenger Flight Carrying American Citizens in Order to Arrest Belarusian Dissident

 Damian Williams, the United States Attorney for the Southern District of New York, Assistant Attorney General for National Security Matthew G. Olsen, Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Assistant Director-in-Charge Michael J. Driscoll of the Federal Bureau of Investigation (“FBI”) New York Office, and Commissioner Keechant Sewell of the New York City Police Department (“NYPD”), announced the filing of a one-count indictment charging LEONID MIKALAEVICH CHURO, the Director General of Belaeronavigatsia Republican Unitary Air Navigation Services Enterprise (“Belaeronavigatsia”), the Belarusian state air navigation authority; OLEG KAZYUCHITS, the Deputy Director General of Belaeronavigatsia; and two officers of the Belarusian state security services, ANDREY ANATOLIEVICH LNU and FNU LNU, with conspiracy to commit aircraft piracy for engineering the diversion of Ryanair Flight 4978 (the “Flight”)—which was carrying four U.S. nationals and more than 100 other passengers on board—while it was in flight over Belarus on May 23, 2021, for the purpose of arresting a dissident Belarusian journalist who was on board the Flight.  The case is assigned to U.S. District Judge Paul A. Engelmayer.  The defendants are based in Belarus and remain at large. 

U.S. Attorney Damian Williams said: “Since the dawn of powered flight, countries around the world have cooperated to keep passenger airplanes safe.  The defendants shattered those standards by diverting an airplane to further the improper purpose of repressing dissent and free speech.  Thanks to the extraordinary investigative work of a joint team of FBI counterterrorism and counterintelligence investigators, today’s indictment provides a prompt and public explanation of what actually happened to the Flight.  We are committed to holding accountable these central participants in a shocking conspiracy to commit aircraft piracy that not only violated international norms and U.S. criminal law, but also potentially endangered the lives of four U.S. citizens and scores of other innocent passengers on board.”          

FBI Assistant Director Michael J. Driscoll said:  “We allege the defendants carried out an elaborate scheme to fake a bomb scare which forced an airplane to make an emergency landing in their country so they could arrest a dissident journalist. During the course of our investigation, the FBI identified a detailed operation that subjected passengers from many countries, including the U.S., to the realities of terroristic threats. Not only is what took place a reckless violation of U.S. law, it’s extremely dangerous to the safety of everyone who flies in an airplane. The next pilot who gets a distress call from a tower may doubt the authenticity of the emergency -- which puts lives at risk. The FBI and our foreign partners will continue to hold perpetrators responsible for actions which directly threaten the lives of our US citizens and jeopardize the stability of our national security.”

According to the indictment filed today in Manhattan federal court:[1]

Overview of the Plot

While on its regularly-scheduled passenger route between Athens, Greece, and Vilnius, Lithuania, on May 23, 2021, the Flight was diverted to Minsk, Belarus by air traffic control authorities in Belarus in response to a purported threat of a bomb on board the aircraft.  There was, in fact, no bomb on board the aircraft.  Belarusian government authorities fabricated the threat as a means to exercise control over the Flight and force it to divert from its course toward the original destination of Vilnius, and instead land in Minsk.  The purpose of the Belarusian government’s plot diverting the Flight to Minsk was so that Belarusian security services could arrest a Belarusian journalist and political activist (“Individual-1”)—who was critical of the Belarusian government, living in exile in Lithuania, and wanted by the Belarusian government on allegations of fomenting “mass unrest”—as well as Individual-1’s girlfriend (“Individual-2”).  The Belarusian government conspiracy to divert the Flight was executed by, among others, officers of the Belarusian state security services working in coordination with senior officials of the Belarusian state air navigation authority.

The Defendants

LEONID MIKALAEVICH CHURO, OLEG KAZYUCHITS, ANDREY ANATOLIEVICH LNU, and FNU LNU, the defendants, are Belarusian government officials who were critical participants in this conspiracy.  At all times relevant to the indictment, CHURO was the Director General of Belaeronavigatsia, the Belarusian state air navigation authority.  CHURO personally communicated the false bomb threat to staff at the Minsk air traffic control center before the Flight even took off from Athens, and directed the Minsk air traffic control center to instruct the Flight to divert to Minsk in response to the purported threat.  KAZYUCHITS was the Deputy Director General of Belaeronavigatsia, and his role in the conspiracy included directing Belarusian air traffic authorities to falsify incident reports regarding the diversion of the Flight in order to conceal the fabrication of the bomb threat and to omit the role of Belarusian security services in directing the diversion.  ANDREY ANATOLIEVICH LNU and FNU LNU were officers of the Belarusian state security services.  FNU LNU participated with CHURO in conveying the false bomb threat to the Minsk air traffic control tower, personally directed the specific radio communications from the Minsk tower to coerce the Flight to divert to Minsk, and relayed contemporaneous updates on the diversion of the Flight and the progress of the plot to ANDREY ANATOLIEVICH LNU, who was FNU LNU’s superior in the Belarusian state security services.     

The Diversion of the Flight

On the day the flight was diverted, May 23, 2021, at approximately 6:45 UTC, CHURO and FNU LNU arrived at an operations room of the Minsk area air traffic control center with responsibility for Belarusian airspace.  CHURO and FNU LNU conveyed the purported bomb threat to the controllers on duty, even though the Flight had not yet departed Athens.  CHURO and FNU LNU specifically crafted the threat to coerce the pilots of the Flight to avoid continuing to their final destination of Vilnius, by claiming that the purported bomb would explode if the Flight landed there.  In addition, CHURO and FNU LNU took the telling steps of directing that the Flight be diverted specifically to Minsk, and even though the Flight was still in the adjacent airspace of Ukraine, prohibiting the Minsk air traffic control center from making any notification to Ukrainian authorities of the purported bomb threat.  This helped to ensure that the Flight would enter Belarusian airspace, and the plot to obtain and exercise control over the Flight could be executed.  FNU LNU remained in the operations room at the Minsk air traffic control center from the time that he and CHURO conveyed the purported bomb threat and directed that the Flight divert to Minsk, until shortly before the Flight landed in Minsk after being diverted, in order to ensure that the diversion plot was successfully executed.

Once the Flight reached Belarusian airspace, FNU LNU instructed the senior air traffic controller who was responsible for communicating with the Flight to inform the pilots of the purported bomb threat, describe that the threat had been sent by email, and make specific statements to ensure the threat seemed credible and to coerce the Flight to divert to Minsk.  For example, FNU LNU directed that the air traffic controller should falsely inform the pilots that the threat to the aircraft was a level “red”—the most specific and credible category of threat.  FNU LNU provided updates on the execution of the plot in real time to his superior in the Belarusian security services, ANDREY ANTOLIEVICH LNU, at one point expressing concern that the pilots might be stalling for time and the Flight might soon leave Belarusian airspace, which would jeopardize the success of their diversion scheme.  In response to the false information conveyed as part of the defendants’ plot, the pilots of the Flight ultimately declared an emergency and diverted to Minsk National Airport, in accordance with the directives from CHURO and FNU LNU. 

Once the Flight landed in Minsk, FNU LNU left the air traffic control operations room and went to the airport tarmac.  The Flight was met by Belarusian security services personnel, including individuals dressed in camouflage military-style uniforms, some of whom were wearing ski masks and carrying visible firearms.  FNU LNU remained on the tarmac supervising the security forces and monitoring the screening of the passengers as they disembarked.  Belarusian security services personnel then instructed the passengers to board one of several airport passenger buses. 

Belarusian authorities boarded one of the buses and asked Individual-1 to come forward and identify himself, demonstrating that Belarusian authorities were aware that Individual-1 was on board the Flight.  Individual-1 was escorted off the bus, where uniformed Belarusian officers separately searched him again on the airport tarmac.  Belarusian officers then escorted Individual-1 back onto the bus and traveled with Individual-1 and the rest of the passengers to the airport terminal.  Once the bus arrived at the terminal, the Flight’s passengers were detained in an area of the terminal secured by Belarusian security services.  Additional Belarusian security officers met Individual-1 and the officers accompanying him, escorted Individual-1 away from the remaining passengers, and detained Individual-1.  One group of passengers from the Flight, including multiple U.S. nationals and Individual-2, was detained in a narrow hallway for approximately three hours at the airport.  During that time, Belarusian authorities also escorted Individual-2 away from the other passengers and detained Individual-2.  The Flight was ultimately allowed to depart from Minsk and continue to its original destination of Vilnius later that evening.  No bomb was ever on the Flight.

The Cover-Up

Soon after the diversion of the Flight, Belarusian government officials began to cover up what had happened.  On or about May 24, 2021, the day after the Flight was diverted, CHURO appeared at a press conference in Belarus with other Belarusian officials to address the Flight’s diversion.  During the press conference, CHURO stated falsely that the Belarusian authorities had “done everything according to their technology and their job responsibilities” in handling the Flight.  In reality, CHURO knew that he and his co-conspirators had contrived the false bomb threat and had directed the Flight to divert to Minsk so that Belarusian security services could arrest Individual-1 and Individual-2.  To further conceal the defendants’ plot, KAZYUCHITS directed Belarusian air traffic authorities to create false incident reports, including by doctoring the reports to misrepresent that the bomb threat was received at approximately the same time that the Flight entered Belarusian airspace and omit the fact that FNU LNU of the Belarusian security services was present in the operations room and directed activity during the Flight’s diversion. 

CHURO, KAZYUCHITS, ANDREY ANATOLIEVICH LNU, and FNU LNU, all of Belarus, are charged with conspiring to commit aircraft piracy, which carries a maximum penalty of life in prison, and a mandatory minimum sentence of 20 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 defendants will be determined by a judge.

The defendants remain at large.  The United States looks forward to working with our foreign partners to bring them to justice.

Mr. Williams, Mr. Olsen, and Mr. Polite praised the outstanding efforts of a joint investigative team from the FBI’s New York Field Office, Counterintelligence Division and the New York Joint Terrorism Task Force, which principally consists of special agents from the FBI and detectives from the NYPD.  They also thanked the FBI Legal Attaché Offices in Riga, Latvia; Warsaw, Poland; Athens, Greece; Kiev, Ukraine; and London, England; the National Transportation Safety Board; the Counterterrorism Section of the Department of Justice’s National Security Division; the Office of International Affairs and the Human Rights and Special Prosecutions Section of the Department of Justice’s Criminal Division; Poland’s Internal Security Agency and the Mazowieckie Regional Prosecutor’s Office; and Lithuanian authorities for their assistance with this investigation.

This prosecution is being handled by the Office’s National Security and International Narcotics Unit.  Assistant U.S. Attorneys David W. Denton, Jr. and Elinor L. Tarlow are in charge of the prosecution, with assistance from Trial Attorneys Jennifer Burke of the Counterterrorism Section and Jamie Perry and Christian Levesque of the Human Rights and Special Prosecutions Section.

The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.   

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

BRONX DISTRICT ATTORNEY DARCEL D. CLARK ANNOUNCES 257 CONVICTIONS RELIANT ON EX-DETECTIVE JOSEPH FRANCO HAVE BEEN DISMISSED AFTER REVIEW BY CONVICTION INTEGRITY BUREAU


 Over 250 Additional Cases Earmarked for Dismissal; Final Total Will Be More Than 500 

 Bronx District Attorney Darcel D. Clark announced that a Bronx judge today dismissed 133 felony cases which depended on former NYPD Detective Joseph Franco’s sworn statements and testimony in the Grand Jury, bringing to 257 the number of Bronx cases related to Mr. Franco that have been dismissed after her Conviction Integrity Bureau’s review. There are more than 250 additional cases that the CIB has reviewed and will be working with defense counsel to dismiss.

 District Attorney Clark said, “My Conviction Integrity Bureau launched an exhaustive review of former Detective Franco’s cases after he was indicted in Manhattan for perjury. We did not want to dismiss or vacate out of hand all cases he was involved in; we investigated those that hinged on his testimony and sworn statements. His compromised credibility suggests a lack of due process in the prosecution of these defendants, and we cannot stand behind these convictions.

 “So far, 257 convictions have been dismissed/vacated in the interest of justice, and the final total will amount to more than 500 when the CIB completes this review. I commend them for their diligence.”

 Bronx Supreme Court Justice David Lewis today granted the motion to dismiss the felony cases against 133 defendants who were indicted between 2011 and 2015. Seventeen of the defendants had failed to appear in court and there were active bench warrants on them.

 These cases wrap up a long-term investigation by the Conviction Integrity Bureau, which reviewed more than 600 cases involving former Detective Franco, who worked as an undercover narcotics detective in the Bronx from 2011-2015. He was indicted in New York County on April 24, 2019, on multiple charges of perjury, offering false instruments for filing and official misconduct in connection with his work as a narcotics detective in Manhattan in 2017 and 2018.

 The criminal charges against Franco are currently pending and he is awaiting trial. Mr. Franco was terminated from the NYPD in April 2020, after having been found guilty at a departmental trial. The powerful and compelling evidence that Mr. Franco lied to a grand jury on multiple occasions and falsified documents and evidence in the way that he did completely undermines his credibility and reliability as a police witness in any prosecution involving a similarly situated undercover or observation sale of illegal narcotics.

 On July 14, 2021, Conviction Integrity Bureau Chief Risa Gerson and Assistant District Attorney Jennifer Russell appeared before Criminal Court Administrative Judge George Grasso and joined defense motions to dismiss 39 misdemeanor convictions because the People had lost confidence in the reliability of the convictions because Mr. Franco had played an essential role in the prosecution. On September 24, 2021, Assistant District Attorneys Gerson and Russell appeared before Bronx Supreme Court Justice Efrain Alvarado and joined defense motions to dismiss 84 felony convictions

 Even though the Conviction Integrity Bureau was not able to ascertain whether these defendants were actually innocent, that the People had relied on evidence from a government actor with compromised credibility suggests a lack of due process in the prosecution of these defendants, and the District Attorney cannot stand behind these convictions.

 The review of the cases is being conducted by Assistant District Attorney Risa Gerson, Chief of the Conviction Integrity Bureau, and Assistant District Attorney Jennifer Russell of the Conviction Integrity Bureau. District Attorney Clark thanked Assistant District Attorneys William Porter, Francine Ward and Gabriela Tully; Trial Preparation Assistant Joshua Medina and Case Aide Daniela Sorin for their assistance with the review.

Governor Hochul Updates New Yorkers On State's Progress Combating COVID-19 - JANUARY 20, 2022

 A health care professional preps a COVID-19 vaccine.

New COVID-19 Hospital Admissions (7-Day Average) Down 20.5% From Prior 7 days

New Cases (7-Day Average) Down 47.1% From Prior 7 Days

Cases Per 100k (7-Day Average) Declining in All Regions

185 COVID-19 Deaths Statewide Yesterday


 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.     

"Even as the rate of new cases continues to move in a promising direction we must remain vigilant against the winter surge," Governor Hochul said. "While we are prepared to deal with whatever comes our way using the tools we know are effective, it will take a concerted effort on the part of every New Yorker to beat this pandemic. Continue to encourage all your friends and loved ones to get the vaccine if they haven't already, get the booster dose, and wear a mask until we finally get through this."  

Today's data is summarized briefly below:     

  • Test Results Reported - 277,241  
  • Total Positive - 30,631
  • Percent Positive - 11.05%
  • 7-Day Average Percent Positive - 13.30%   
  • Patient Hospitalization - 11,370 (-457)   
  • Patients Newly Admitted - 1,432  
  • Patients in ICU - 1,583 (-34)   
  • Patients in ICU with Intubation - 885 (-35)   
  • Total Discharges - 259,367 (1,628)   
  • New deaths reported by healthcare facilities through HERDS - 185
  • Total deaths reported by healthcare facilities through HERDS - 51,373

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.     

  • Total deaths reported to and compiled by the CDC - 63,980   

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.     

  • Total vaccine doses administered - 35,247,747
  • Total vaccine doses administered over past 24 hours - 87,854
  • Total vaccine doses administered over past 7 days - 535,312
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose - 90.4%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series - 81.4%   
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%   
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 84.0%   
  • Percent of all New Yorkers with at least one vaccine dose - 79.6%   
  • Percent of all New Yorkers with completed vaccine series - 71.1%   
  • Percent of all New Yorkers with at least one vaccine dose (CDC) - 86.6%   
  • Percent of all New Yorkers with completed vaccine series (CDC) - 73.3%   

State Senator Gustavo Rivera on Shooting in the Bronx, Injuring an 11-Month-Old Child

 

GOVERNMENT HEADER

"I am horrified by last night's shooting where an 11-month-old child was injured. Thankfully, she is expected to recover and she will get to celebrate her first birthday tomorrow.

I join my community in praying for her swift recovery and supporting her family as they recover from this gut wrenching experience. There is an epidemic of gun violence in this borough, particularly in some of the neighborhoods I represent.

I understand the way many of my constituents are feeling right now. Safety in our neighborhoods should be and is paramount for us all. We must find solutions both in the immediate and long term. That's why I am committed to continue working and funding cure violence organizations that work on the ground directly with youth to address the underlying issues that lead to violence in our neighborhoods. That being said, it is absolutely critical that there's accountability for these violent acts and a concerted effort to keep guns off of our streets."

MAYOR ADAMS TO RECEIVE FIRST PAYCHECK IN CRYPTOCURENCY

 

Paycheck to Be Automatically Converted Into Bitcoin and Ethereum


 New York City Mayor Eric Adams today announced that his first paycheck — which arrives tomorrow — will be automatically converted into cryptocurrency, as previously promised. The salary will be converted to Ethereum and Bitcoin.

 

“New York is the center of the world, and we want it to be the center of cryptocurrency and other financial innovations,” said Mayor Adams. “Being on the forefront of such innovation will help us create jobs, improve our economy, and continue to be a magnet for talent from all over the globe.”

 

“From being the primary means by which we close both the digital and financial divide, technology continues to be the great equalizer, said New York City Chief Technology Officer Matt Fraser. “This step taken by the mayor provides a leading example of how we can empower people through tech with a more diverse set of options to manage their finances.”

 

Before funds are made available, Mayor Adams’ first paycheck will automatically be converted into cryptocurrency via Coinbase, a secure online platform for buying, selling, transferring, and storing digital currency.

 

Last November, Mayor Adams announced he would accept his first three paychecks in cryptocurrency. Due to U.S. Department of Labor regulations, New York City cannot pay employees in cryptocurrency. By using a cryptocurrency exchange, anyone paid in U.S. dollars can have funds converted into cryptocurrency before funds are deposited into their account.

 

Cryptocurrencies are at the forefront of Web3innovations and can bring greater accessibility to financial services.