Attorney General James’ Office of Special Investigation Releases Report on Death of George Zapantis

 

 New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of George Zapantis of Queens. After conducting an exhaustive investigation, OSI concluded that the evidence does not indicate any New York City Police Department (NYPD) officer involved in the incident committed any crimes. OSI’s review of the incident included footage from police body-worn cameras, civilian cell phone video footage, interviews with witnesses, and other forms of evidence.

On the evening of June 21, 2020, members of NYPD went to a residence in Whitestone, Queens after a 911 report about an incident involving a gun. Neighbors told the officers there was a confrontation with Mr. Zapantis, but said there was no gun involved. Officers spoke with Mr. Zapantis at length through the door to his home. They could see through the windows of his home that Mr. Zapantis was dressed in gladiator attire, including a helmet, shield, and sword. Officers called for the Emergency Services Unit, and meanwhile continued talking to Mr. Zapantis to de-escalate the situation. Mr. Zapantis became agitated and broke through the door of his home and physically engaged the officers. Officers attempted to restrain Mr. Zapantis with handcuffs and, during a minutes-long struggle, used tasers three times. Mr. Zapantis became unresponsive after the final taser use. Emergency Medical Services, who had been standing by, attempted life-saving measures and transported Mr. Zapantis to a hospital, where he was pronounced dead about 50 minutes later. The Medical Examiner concluded the cause of Mr. Zapantis’ death was cardiac arrest due to dilated cardiomyopathy during physical restraint by police, including conducted electrical weapon use.

Under New York’s justification law, one may use physical force to defend oneself against physical force used by another. In a criminal case, if a person raises the defense of justification, the prosecutor must disprove justification beyond a reasonable doubt. OSI analyzed this case in light of the law of justification and concluded that a prosecutor would not be able to disprove beyond a reasonable doubt that the officers’ conduct was justified: the evidence indicates the officers used reasonable physical force in response to the physical force used by Mr. Zapantis. As a result of the facts and circumstances of this case, OSI will not seek charges in this matter.

“Our office is committed to examining each and every case thoroughly, fairly, and transparently,” said Attorney General James. “Based on an extensive review of the facts in this case, OSI determined that the officers involved took appropriate measures first to try to de-escalate the situation, and ultimately were legally justified in their actions. Despite that conclusion, the Zapantis family is still coping with the tragic loss of a loved one, and I extend my deepest condolences to his entire family.”

Corrupt Puerto Rico Police Officer Sentenced To 30 Years In Prison

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that WILLIAM VAZQUEZ-BAEZ, a former member of the Puerto Rico Police Department (“PRPD”), was sentenced by U.S. District Judge Jesse M. Furman to 30 years in prison. VAZQUEZ-BAEZ previously pled guilty to one count of participating in a racketeering conspiracy and one count of participating in a conspiracy to commit murder for hire, in connection with his agreement to assist a drug-trafficking organization that shipped drugs to New York and distributed them from a Bronx daycare center.  

U.S. Attorney Damian Williams said: “William Vazquez Baez abused his position as a police officer to help a vicious drug organization distribute massive amounts of cocaine and massacre citizens he had sworn to protect. Today Vazquez-Baez was rightly sentenced to 30 years in prison for his horrific crimes.”

According to the Indictment, other filings in this case, and statements during court proceedings:

From approximately 1994 until his arrest in connection with this case in May 2017, VAZQUEZ-BAEZ was an active police officer with the PRPD. From in or about 2004 until in or about 2016, members of La ONU distributed thousands of kilograms of cocaine, including cocaine that was shipped from Puerto Rico to New York and then distributed out of a Bronx daycare center, and protected their territory and trade through numerous acts of violence. Members of La ONU paid VAZQUEZ-BAEZ a salary to corruptly use his position as a police officer to further the interests of La ONU. For example, VAZQUEZ-BAEZ provided narcotics and intelligence, including information obtained from the police narcotics unit. Members of La ONU would also contact VAZQUEZ-BAEZ, among others, when transporting large quantities of cocaine within the San Juan, Puerto Rico area to ensure the shipment avoided areas of police activity.  VAZQUEZ-BAEZ also distributed payments to other corrupt police officers who assisted La ONU.

VAZQUEZ-BAEZ also assisted La ONU in acts of violence:

In or about 2006 or 2007, VAZQUEZ-BAEZ alerted La ONU members that Freddy Mendez-Rivera, a local resident, had complained to police about drug dealing occurring in his neighborhood, which led to members of La ONU kidnapping and then killing Mendez-Rivera.  Around the same time, VAZQUEZ-BAEZ alerted a senior member of La ONU that the kidnapping was being reported over the police radio. VAZQUEZ-BAEZ advised that, because the fact that Mendez-Rivera had spoken with the police was known throughout the Carolina Narcotics division, it was important that the body never be discovered. When later updated about what had happened, VAZQUEZ-BAEZ laughed and remarked, in substance, that Mendez-Rivera would not be giving the police information any further.

On or about May 9, 2007, members of La ONU hired VAZQUEZ-BAEZ to participate in the murder of Anthony Castro-Carrillo in Carolina, Puerto Rico, in exchange for a cash bonus. VAZQUEZ-BAEZ and members of La ONU stormed Castro-Carrillo’s residence while dressed as police officers and shot and killed him.

In or about 2007, VAZQUEZ-BAEZ delivered a confidential informant, who was in VAZQUEZ-BAEZ’s custody, to members of La ONU, who pretended to be other police officers. Those members of La ONU then shot and killed the informant.

In addition to the prison term, Judge Furman sentenced VAZQUEZ-BAEZ, 53, of Puerto Rico, to three years of supervised release.

Mr. Williams praised the investigative work of the U.S. Postal Inspection Service, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New York City Police Department.  Mr. Williams also thanked the United States Attorney’s Office in the District of Puerto Rico and the Puerto Rico Police Department for their support in this ongoing investigation.

Governor Hochul Urges New Yorkers to E-file in Order to Claim All Available Tax Benefits

 Free Tax Filing Software Helps Eligible Taxpayers Claim Valuable Tax Credits

Nearly 255,000 Taxpayers Filed Tax Returns for Free Last Year through the NYS Tax Department Website, Saving a Combined $51 million in Preparation Fees

 Governor Kathy Hochul today encouraged New Yorkers to take advantage of Free File software, which can help millions of taxpayers claim valuable tax credits without the cost of hiring a paid tax preparer. The software provides savings as well as puts money directly in your pocket by ensuring you claim the credits you deserve, including the earned income tax credit (EITC).

“In the wake of the pandemic, many working families have faced increased financial burdens, and I want to make sure all New Yorkers are taking advantage of the tax benefits that are available to them,” said Governor Hochul. “The Free File program can help individuals claim all the tax credits they deserve while saving them save hundreds in tax-preparation costs. The earned income tax credits can add up to nearly $9,100 – increasing the spending power for those who need it most as we continue to rebuild and recover from COVID-19.” 

New York State Acting Commissioner of Taxation and Finance Amanda Hiller said, “I encourage all eligible taxpayers to take advantage of Free File—a secure and efficient way to file and reap significant savings—and valuable tax credits like the Earned Income Tax Credit. These can provide a financial lifeline for working families, particularly those coping with the impact of the pandemic.”

Earned Income Tax Credits are worth up to $9,083 for a family with three or more children

EITC is a refundable credit for working taxpayers who earn less than $57,414. This means you get a refund even if the credit amount is more than what you owe in taxes.

In 2019, almost 1.64 million New Yorkers received the federal EITC, claiming more than $4.8 billion in federal, New York State, and New York City EITCs. Unfortunately, federal estimates show that almost 350,000 eligible New Yorkers may fail to claim the credit.

Every year, thousands of New Yorkers qualify for the EITC for the first time as their filing status or personal financial situation changes. Eligibility requirements for the Earned income credit (New York State) are explained on the Tax Department website.

More information about federal, state, and local earned income tax credits, including the value of available credits, is available here.

Ensure you claim the credits you deserve

You must file a personal income tax return to receive the credit, even if you don’t owe any taxes. E-filing is the easiest way to file your return and the fastest way to receive your refund.

Most New Yorkers can file using Free File software, available at no-cost on the Tax Department website.  If your 2021 household income is $73,000 or less, you can file both your federal and New York State returns at no cost through the Tax Department website using Free File. Nearly 255,000 taxpayers used this software last year, saving them a combined $51 million in tax preparation fees.

When you’re ready to file, gather your information and documentation. If you received unemployment compensation, request your Form 1099-G from the Department of Labor. Remember to include the full amount on your New York State personal income tax return.

Also, request direct deposit—it's the easiest and fastest way to get your refund.

The deadline to submit a completed personal income tax return is Friday, April 15, 2022.

After you file

Check your refund status at your convenience! Get the most up-to-date information about your refund and your return: use our online Check your refund status tool.

Free tax filing software is available in multiple languages

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Not eligible to Free File? Learn about other e-file options.

Council Speaker Adrienne E. Adams’ Statement on President Biden’s Visit to New York City

 

“I thank President Biden for visiting New York City to address the increased violence we are experiencing, along with many other cities, and recognizing the need for multi-faceted solutions. These increased collaborative efforts to stem the gun proliferation and trafficking that leads to so much of the unnecessary violence are desperately needed. The recognition that both the NYPD and violence prevention programs are essential pillars of our public safety infrastructure is equally important. A balanced approach that ensures our community-based safety programs and investments are receiving the adequate level of support is the most effective way to make communities safer. The Council is focused on ensuring our city policies are consistent with achieving this goal, in partnership with our colleagues in government and various other stakeholders. We join in the call for Congress to pass the Build Back Better Act to provide the necessary public safety dollars that can help reduce the violence in New York City and across the nation.” 

WILLIAMS: NO GOVERNOR HOCHUL, NEW YORK'S WEALTHIEST DONORS AREN'T THE VICTIMS

 

"Despite what Governor Hochul alleges, her wealthiest donors are not victims. The 100,000 New York City children living in shelters are victims. The three of our four houseless families who’ve been refused temporary housing due to budget restraints are victims. The New Yorkers who lost their lives in nursing homes during the pandemic – and the family members who are still owed answers – are victims.

"Saying no to even considering common sense revenue raising from the wealthiest New Yorkers is saying no to sustainable solutions to New York’s compounding crises. It’s saying no to truly affordable housing and healthcare, to quality education and reliable transportation. In promising to protect her donors at the expense of working class New Yorkers who can no longer afford to remain, the Governor is using a tactic straight out of the Republican’s playbook to stoke fear among vulnerable New York who would never be affected by 'new taxes.'

"It’s time we all come to the table and ask everyone to be civically responsible by doing what they can where they are at. New York does better when we all do better. We need to stand up for a vision of New York that lifts all of us – rather than pander to wealthy donors writing checks so that they can write state policy."

Laurence Doud, Former CEO Of Pharmaceutical Distributor, Convicted Of Conspiring To Distribute Controlled Substances And Defrauding The DEA

 

Damian Williams, United States Attorney for the Southern District of New York, announced that LAURENCE F. DOUD III, the former Chief Executive Officer of Rochester Drug Co-Operative, Inc. (“RDC”), was convicted today in Manhattan federal court of conspiring to distribute unlawfully oxycodone and fentanyl and conspiring to defraud the Drug Enforcement Administration (“DEA”).  DOUD was convicted after a two-week jury trial before U.S. District Judge George B. Daniels.

U.S. Attorney Damian Williams said:  “In a first of its kind prosecution, Laurence Doud was held responsible for contributing to the opioid epidemic in the country by conspiring with others in his company to ship massive amounts of dangerous and highly-addictive oxycodone and fentanyl to pharmacies that he knew were illegally dispensing those controlled substances to drug dealers and addicts.  The Southern District of New York will continue to bring to justice those responsible for the opioid epidemic – whether they are street level dealers or boardroom executives.”

According to the allegations contained in the Indictment and the evidence presented at trial:

Violations of the Federal Narcotics Laws

From 2012 through March 2017, DOUD knowingly and intentionally violated the federal narcotics laws by distributing, through RDC, dangerous, highly addictive opioids to pharmacy customers that it knew were being sold and used illicitly.  At the direction of its senior management, including DOUD, RDC supplied large quantities of oxycodone, fentanyl, and other dangerous opioids to pharmacy customers that its own compliance personnel determined were dispensing those drugs to individuals who had no legitimate medical need for them.  RDC, at the direction of DOUD and others, distributed controlled substances to those pharmacies even after identifying “red flags” of diversion, including dispensing highly abused controlled substances in large quantities; dispensing primarily controlled substances; dispensing quantities of controlled substances in amounts consistently higher than accepted medical standards; accepting a high percentage of cash for controlled substance prescriptions; dispensing to out-of-state patients; and filling controlled substances prescriptions issued by practitioners acting outside the scope of their medical practice, under investigation by law enforcement, or on RDC’s “watch list.”  In addition, and at DOUD’s direction, RDC frequently brought on pharmacy customers that had been terminated by other distributors. 

Conspiracy to Defraud the DEA

From 2012 through March 2017, DOUD took steps to conceal RDC’s illicit distribution of controlled substances from the DEA and other law enforcement authorities.  Among other things, DOUD made the deliberate decision not to investigate, monitor, or report to the DEA pharmacy customers that DOUD and others at RDC knew were diverting controlled substances for illegitimate use.  Because they knew that reporting these pharmacies would likely result in the DEA investigating and shutting down RDC’s customers, RDC’s senior management, including DOUD, directed the company’s compliance department not to report them, and instead to continue supplying those customers with dangerous controlled substances that the company knew were being dispensed and used for illicit purposes.  Among other things, pursuant to DOUD’s instructions, and contrary to the company’s representations to the DEA, RDC opened new customer accounts without conducting due diligence, and supplied those customers – some of whom had been terminated by other distributors – with dangerous controlled substances.  Additionally, DOUD caused RDC to avoid filing suspicious order reports with the DEA as required by law.  As a result, the DEA’s ability to identify and prevent the illicit dispensing of highly addictive controlled substances by several of RDC’s pharmacy customers was impeded.

LAURENCE F. DOUD III, 78, of New Smyrna, Florida, was convicted by a jury of one count of conspiracy to distribute controlled substances, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years, and one count of conspiracy to defraud the United States, which carries a maximum prison term of five years.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as the sentencing of the defendant will be determined by the judge. 

DOUD is scheduled to be sentenced on June 29, 2022.

Mr. Williams praised the outstanding investigative work of the DEA’s Westchester Tactical Diversion Team and thanked Special Agents of United States Attorney’s Office for their assistance.

Governor Hochul Updates New Yorkers on Statewide Winter Storm Impacts and State Agency Response

 

Travel Advisories and Restrictions Implemented Across State Highways

Areas in Upper Mid-Hudson and Lower Capital District Received Up to Half Inch of Ice from Sleet, Freezing Rain and Snow Mix Overnight

Up to Foot or More of Snow in Locations in Western New York, Finger Lakes, Central New York, Mohawk Valley, and North Country

 Governor Kathy Hochul today provided an update to New Yorkers on statewide winter storm impacts and state agency response efforts as a storm system continues to impact most of the state with heavy snow, sleet and freezing rain, knocking out power to more than 52,000 customers. Areas in the upper Mid-Hudson and the lower Capital District Regions received up to a half inch of sleet and freezing rain overnight, as well as a mix of snow. Western New York, Finger Lakes, Central New York, Mohawk Valley, and the North Country received up to a foot or more of snow with several additional inches of snow forecast through this afternoon. While downstate areas have seen mostly rain, freezing rain is forecast to impact the lower Mid-Hudson, New York City, and Long Island Regions starting this morning and continuing through the evening commute.

"New Yorkers are waking up this morning to a lot of snow or a messy mixture of sleet and freezing rain that has already made travel treacherous and brought down tree limbs and power lines," Governor Hochul said. "I urge New Yorkers to stay vigilant and avoid all travel, especially in areas where the mix of sleet and freezing rain is making roadways extremely dangerous. We will continue to monitor conditions, deploy assets as necessary and provide support to local governments if needed."

In coordination with the New York State Police and Thruway Authority, the Department of Transportation implemented a 45-mph advisory speed limit and a "right lane only" restriction for commercial trucks on the all or portions of the following corridors: I-84 from the Connecticut to Pennsylvania state lines; Rt. 17 east of Binghamton; I-88; and I-81 south of Syracuse. Speed reductions are also in effect for many areas along the Thruway system.

Governor Hochul urged New Yorkers to practice extra caution, limit travel, and check on neighbors and friends to ensure their safety.

Safety Tips

Winter Travel

The leading cause of death and injuries during winter storms are transportation-related crashes. Before getting behind the wheel, make sure that your vehicle is clear of ice and snow; good vision is key to good driving. Plan your stops and keep more distance between cars. Be extra alert and remember that snowdrifts can hide smaller children. Always match your speed to the road and weather conditions.

It is important for motorists on all roads to note that snowplows travel at speeds up to 35 mph, which in many cases is lower than the posted speed limit, to ensure that salt being dispersed stays in the driving lanes and does not scatter off the roadways. Oftentimes on interstate highways, snowplows will operate side by side, as this is the most efficient and safe way to clear several lanes at one time.

Motorists and pedestrians should also keep in mind that snowplow drivers have limited lines of sight, and the size and weight of snowplows can make it very difficult to maneuver and stop quickly. Snow blowing from behind the plow can severely reduce visibility or cause whiteout conditions. Motorists should not attempt to pass snowplows or follow too closely. The safest place for motorists to drive is well behind the snowplows where the roadway is clear and salted.

Some of the most important tips for safe driving include:

• When winter storms strike, do not drive unless necessary.
• Use caution on bridges as ice can form quicker than on roads.
• Wet leaves on roadways can cause slippery conditions, making it important to drive at slower speeds when approaching patches of them.
• Make sure your car is stocked with blankets, a shovel, flashlight and extra batteries, extra warm clothing, set of tire chains, battery booster cables, quick-energy foods and brightly colored cloth to use as a distress flag.
• Keep your gas tank full to prevent gasoline freeze-up.
• If you have a cell phone or two-way radio available for your use, keep the battery charged and keep it with you whenever traveling. If you should become stranded, you will be able to call for help, advising rescuers of your location.
• Make sure someone knows your travel plans.
• While driving, keep vehicles clear of ice and snow.
• Plan stops and keep distance between cars. Always match your speed to the road and weather conditions.

Power Outage

If experiencing a power outage, New Yorkers should:

• Turn off or disconnect major appliances and other equipment, e.g., computers, in case of a momentary power surge that can damage these devices. Keep one light turned on so you know when power returns. Consider using surge protectors wherever you use electronic equipment.
• Call your utility provider to notify them of the outage and listen to local broadcasts for official information. For a list of utilities, visit the State Department of Public Service.  
• Check to see if your neighbors have power. Check on people with access or functional needs.
• Use only flashlights for emergency lighting - candles pose the risk of fire.
• Keep refrigerators and freezer doors closed - most food requiring refrigeration can be kept safely in a closed refrigerator for several hours. An unopened refrigerator will keep food cold for approximately four (4) hours. A full freezer will keep the temperature for about 48 hours.
• Do not use a charcoal grill indoors and do not use a gas stove for heat - they could give off harmful levels of carbon monoxide. 
• In cold weather, stay warm by dressing in layers and minimizing time spent outdoors. Be aware of cold stress symptoms (i.e., hypothermia) and seek proper medical attention if symptoms appear. 
• If you are in a tall building, take the stairs and move to the lowest level of the building. If trapped in an elevator, wait for assistance. Do not attempt to force the doors open. Remain patient - there is plenty of air and the interior of the elevator is designed for passenger safety.
• Remember to provide fresh, cool water for your pets.
• Eliminate unnecessary travel, especially by car. Traffic signals will stop working during an outage, creating traffic congestion and dangerous driving conditions. If you must drive during a blackout, remember to obey the 4-way stop rule at intersections with non-functioning traffic signals.
• Remember that equipment such as automated teller machines (ATMs) and elevators may not be working.

For more safety tips, visit the New York State Division of Homeland Security and Emergency Services Safety Tips web page.

NYS Office of the Comptroller DiNAPOLI: NEW YORK POWER AUTHORITY’S INSTALLATION OF ELECTRIC VEHICLE CHARGERS YEARS BEHIND SCHEDULE

 

Despite Millions Invested, Audit Finds NYPA’s EVolve NY Charger Deployment Threatens State’s Ability to Meet Climate Act’s 2030 Deadline

 The New York Power Authority (NYPA) has failed to install electric vehicle (EV) chargers where they are most needed by New York’s nearly 50,000 registered EVs, leaving nearly half of the state’s counties without any NYPA-installed charging stations, according to an audit released today by New York State Comptroller Thomas P. DiNapoli.

“Compared to what was promised, the rollout of electric vehicle chargers has been a disappointment so far,” DiNapoli said. “Since encouraging more drivers to switch to electric cars is a part of the state’s strategy for lowering emissions, we have a long road ahead. NYPA needs to look at our recommendations, deliver on its commitments and get this program headed in the right direction.”

The state’s plan for increasing the number of public EV charging stations was meant to spur increased use of EVs, reduce carbon emissions and address the climate emergency. The Charge NY program was announced in 2013 as a statewide network of up to 3,000 public and workplace charging stations to be ready in five years. It was followed in 2018, by Charge NY 2.0, a plan to install 10,000 public charging stations by the end of 2021. That same year, NYPA also announced EVolve NY, a $250 million project to put high-speed chargers at airports and along major highways. Despite the allocation of significant funding, NYPA has fallen short on fulfilling its EV program goals.

As of June 2021, there were 46,608 EVs registered in New York, but NYPA had installed just 277 public EV charging ports, or one for every 168 EVs registered in NY. It had installed another 221 workplace charging ports at its own facilities and at facilities operated by businesses receiving power from NYPA’s Economic Development Power Programs. These chargers are only available to employees.

The ports are not located where they’re most needed. Counties with high numbers of EVs have relatively few charging stations, while some counties have few EVs but a high number of charging ports.

• Suffolk County has 7,916 registered EVs, which is more than any other county and about 17% of the statewide total. It has three NYPA public charging stations, 1.2% of the total and just one charger for every 2,639 electric cars.
• Nassau County has 5,947 registered EVs, about 13% of the statewide total, but only five NYPA public charging ports, 1.8% of the total or one port for every 1,189 electric cars.
• Westchester, where NYPA is based, has more NYPA public ports than any county. It has 4,844 registered EVs, about 10% of the statewide total, and 44 public ports or about 16% of the total.
• Erie County has 1,898 registered EVs, about 4.1% of the statewide total, and 42 NYPA public charging ports, or one public port for every 45 vehicles (about 15% of the total).
• 30 counties with 6,189 EVs have no NYPA-placed public charging ports.

The 2022 State of the State report outlined a plan for New York to deploy an additional $175 million over the next five years for EV charging stations through federal formula funds. To ensure further funding allocations are invested judiciously, agencies involved in the roll-out should be better prepared with effective strategies for promoting EV usage among New Yorkers, as outlined in the audit recommendations.

DiNapoli’s audit also determined that:

• Most of the ports (431) are of the Level 2 type, which can charge a vehicle for 60 miles of driving in one hour. There were only 28 high speed chargers at 18 locations as of September 2020.
• Not one of the EVolve NY’s Phase 1 projects, including installing 200 high speed chargers, were completed by their deadline of the end of 2019.
• As of March 5, 2021, NYPA had installed only 29 high speed chargers at seven locations, putting it on track to finish more than two years behind schedule.
• NYPA did little to promote EVs and EV chargers to its customers, including local governments.
• NYPA didn’t use charging data to determine which locations are popular and might benefit from more ports.
• NYPA’s own inventory of the chargers it has installed was inconsistent and sometimes incorrect.

DiNapoli’s audit recommended that NYPA:

• Set and announce goals for expected results to track accomplishments over specific periods.
• Create a marketing strategy to increase awareness and educate drivers of the benefits of owning EVs.
• Incorporate EV usage data into its program to help promote additional charger installations.
• Work with customers to roll out EV charging stations by encouraging agencies, authorities and local governments to install charging ports and make public aware that high speed EV chargers are available.

In its response, NYPA largely agreed with the audit’s recommendations for improving the program, although it disagreed with the findings regarding placement of charging stations being insufficient to meet consumer need. The agency’s full response is in the audit.

Map

Map of NYPA Public Charging Ports

Audit

New York Power Authority Selected Management and Operations Practices