Governor Hochul Announces Support for Comprehensive Package to Combat Rise in Domestic Terrorism, Strengthen State Gun Laws and Crack Down on Social Media Platforms that Promote Extremist Acts of Violence in Wake of Racist Mass Shooting in Buffalo

 

Signs Executive Order to Establish a New Domestic Terrorism Unit within the Office of Counter Terrorism with Focus on Deradicalization and Threat Assessment Management; Establishes State Police Unit Devoted to Tracking and Responding to Extremist Violent Threats on Social Media

Signs Executive Order Requiring State Police to File Extreme Risk Protection Orders with Probable Cause Under NYS Red Flag Law to Prohibit Potentially Dangerous People From Purchasing and Possessing Guns

Proposes Legislation to Close "Other Gun" Loophole by Revising and Widening the Definition of a Firearm to Get Dangerous Guns off the Street

Will Work with the Legislature to Pass Legislation to Strengthen Crime Gun Reporting and Require Microstamping of Semiautomatic Pistols to Help Law Enforcement Better Track Guns Fired During Crimes

Issues Referral to Office of the Attorney General to Investigate Social Media Platforms Used by Buffalo Shooting Suspect to Broadcast, Promote and Facilitate Violence

 In direct response to the white supremacist act of terror at a supermarket on Saturday in Buffalo, Governor Kathy Hochul today unveiled a comprehensive package to combat the steady rise in domestic terrorism and violent extremism, strengthen and close loopholes in state gun laws and crack down on social media platforms that host and amplify content that promotes and broadcasts violent, lawless acts and endangers our communities.

"The horrific and despicable act of terror committed by a white supremacist this past weekend in Buffalo showed that we as a country are facing an intersection of two crises: the mainstreaming of hate speech - including white nationalism, racism and white supremacy - and the easy access to military-style weapons and magazines," Governor Hochul said. "This is a wake-up call and here in New York we are taking strong steps to directly address this deadly threat. Today, I issued Executive Orders to devote substantial resources and focus toward combating the troubling surge in domestic terrorism by identifying radicalized individuals and tracking their threats amplified on social media, and further empower State Police to keep guns away from dangerous people. I am also issuing a referral letter to the Attorney General to investigate social media's role in the Buffalo shooting, and am calling for the passage of several pieces of legislation that will help law enforcement get more guns off the street."

"We will continue to confront this epidemic head-on, stamp out extremists who threaten our communities, strengthen the toughest gun laws in the country and do whatever it takes to keep New Yorkers safe," Governor Hochul added.

"The terror attack in Buffalo has once again revealed the depths and danger of the online forums that spread and promote hate," Attorney General Letitia James said. "The fact that an individual can post detailed plans to commit such an act of hate without consequence and then stream it for the world to see is bone chilling and unfathomable. As we continue to mourn and honor the lives that were stolen, we are taking serious action to investigate these companies for their roles in this attack. Time and time again, we have seen the real-world devastation that is borne of these dangerous and hateful platforms, and we are doing everything in our power to shine a spotlight on this dangerous behavior and take action to ensure it never happens again."

Among these measures, Governor Hochul has issued two Executive Orders. The first Executive Order is designed to fight the troubling surge in domestic terrorism and violent extremism frequently inspired by, planned on and posted about on social media platforms and internet forums. The Executive Order calls on the Division of Homeland Security and Emergency Services to establish a new unit, dedicated solely to the prevention of domestic terrorism, within the Division's Office of Counter Terrorism. This new unit will focus on threat assessment management, disbursing funding to localities to create and operate their own threat assessment management teams and utilizing social media to intervene in the radicalization process. It will also educate law enforcement members, mental health professionals and school officials on the recent uptick in domestic and homegrown violent extremism and radicalization, as well as create best practices for identifying and intervening in the radicalization process.

The Executive Order also calls on New York State Police to establish a dedicated unit within the New York State Intelligence Center (NYSIC) to track domestic violent extremism through social media. The unit will develop investigative leads through social media analysis, with a specific focus on identifying possible threats and individuals motivated by radicalization and violent extremism. Finally, the Executive Order calls on every county to perform an exhaustive review of its current strategies, policies and procedures for confronting threats of domestic terrorism.

The second Executive Order will require State Police to file for an Extreme Risk Protection Order (ERPO) under New York State's Red Flag Law whenever they have probable cause to believe that an individual is a threat to themselves or others.

Governor Hochul also issued a referral to the Office of the Attorney General under Executive Law Section 63(8) to investigate and study the social media platforms that were utilized by the Buffalo shooting suspect to broadcast, promote, and facilitate violence, espouse hate, and legitimize replacement theory. Findings from the investigation will be used to enhance and build on New York State's strategy for combatting hate and violent extremism.

As part of the package, Governor Hochul is also pushing a series of legislative measures designed to help law enforcement investigate and prevent gun-related crimes. The Governor is proposing new legislation to close the "other gun" loophole by revising and widening the definition of a firearm, making more guns subject to various preexisting firearm laws.

Governor Hochul is also working with the Legislature to pass two bills to address and streamline the investigation of gun-related crimes. The first would set forth a process to require semiautomatic pistols manufactured or delivered to licensed dealers in New York to be microstamping-enabled. Microstamping is an innovative ammunition-marking technique that marks bullets and cartridge cases with a unique fingerprint each time a firearm is discharged. This allows investigators to link bullets and casings recovered at crime scenes to a specific gun and potentially other crimes. The second piece of legislation would strengthen gun reporting protocols by requiring all law enforcement agencies to report the recovery of any crime gun within 24 hours of their discovery.

These latest measures are part of Governor Hochul's continued commitment to addressing the gun violence epidemic. The enacted State Budget includes meaningful and significant changes to public safety laws as well as $227 million for bold initiatives that will strengthen the gun violence prevention efforts of law enforcement and community-based organizations.

The recent spike in domestic terror attacks represents one of the most pressing threats to public safety across the United States. In the last decade, domestic terror attacks and plots have tripled nationally. In 2021, there were 73 terrorist attacks and unearthed plots in the United States, including 38 white supremacist and similarly like-minded terrorist attacks and plots.

DEC Announces Draft Regulations to Reduce Waste Sent to Landfills, Improve Waste Management, and Reduce Solid Waste's Climate Change Impacts

 

Proposed Regulations Strengthen State’s Solid Waste Management to Protect Public Health and the Environment

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced proposed regulations for review to further protect public health and the environment by making significant changes to several of the State’s current regulations governing the management of solid waste. The enhancements would affect how DEC regulates different types of waste and how waste can be repurposed, as well as actions to combat climate change and ensure the ongoing protection of water quality, air quality, and quality of life for New Yorkers.

“Solid waste is a significant contributor to greenhouse gases and continuously enhancing waste management practices plays a key role in New York’s efforts to address climate change,” Commissioner Seggos said. “With these draft regulations, DEC is advancing policies that will reduce waste at its source and prevent waste from heading to our landfills. Effective waste management is an ongoing and evolving task, but it’s one that New York is prepared to meet head-on as we advance our ongoing efforts to support cleaner and healthier communities and protect our natural resources statewide.”

The proposed changes to improve solid waste management include but are not limited to:

• Restrictions on allowing composting, mulch facilities/operations at certain facilities, and prohibiting construction and demolition debris processing facilities in mines on Long Island to ensure the protection of drinking water quality;
• Enhancements to the State’s process for certain Beneficial Use Determinations for the reuse of materials;
• Clarification of terminology used to describe excavated material and fill material to ensure the protection of the environment;
• Limiting the use of certain excavated material in Long Island, Westchester County, and the New York City Watershed;
• Expansion of exemptions for municipalities collecting source-separated recyclables and changes to help municipalities that hold household hazardous waste collection events;
• Strengthened landfill liner requirements to further enhance the long-term protection of groundwater and new measures required to control odors and better limit landfill gas emissions; and
• Increasing requirements for the transportation of excavated material.

The full text of the proposed amendments to Part 360 Series, Part 371, and Part 377 proposed regulations is available on the DEC website at https://www.dec.ny.gov/regulations/125274.html. DEC is accepting public comments on the regulations until July 25, 2022, and is holding two virtual public hearings on the proposed revisions on Tuesday, July 19, at 2 p.m. and 6 p.m. via WebEx. For information on how to participate in the hearings, go to https://www.dec.ny.gov/regulations/125274.html. Comments on the proposed amendments can be submitted by email to SolidWasteRegulations@dec.ny.gov. Please include “Comments on Proposed Part 360 Series” in the subject line of the email.

Today’s announcement builds upon the State’s comprehensive waste management efforts to address the impacts of New York’s solid waste on climate change and the current burden on municipalities by reducing the amount of materials sent to landfills and combustors and significantly increasing waste reduction, reuse, and recycling.

Other recent related measures include newly adopted regulations to reduce electronic waste and the use of polystyrene foam, and the ban on plastic carryout bags. New York State also continues to engage in a range of partnerships with academic institutions to advance waste management efforts to benefit communities, the environment, and fight climate change, including an expansion of the partnership with the University at Buffalo announced last month. Additional information about these efforts and DEC’s ongoing waste reduction education efforts can be found at: https://www.dec.ny.gov/chemical/294.html

Owner Of Consumer Products Testing Company Sentenced To 60 Months In Prison For Fraud Scheme Involving Fabricated Test Results

 

 Damian Williams, the United States Attorney for the Southern District of New York, Catherine Hermsen, Assistant Commissioner, United States Food and Drug Administration Office of Criminal Investigations (“FDA-OIC”), Michael J. Driscoll, Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), and Thomas Walsh, Rockland County District Attorney, announced that GABRIEL LETIZIA, Jr., was sentenced in White Plains federal court to 60 months in prison for defrauding customers of his consumer products testing company and causing misbranded drugs to be introduced into interstate commerce.  United States District Judge Kenneth M. Karas imposed today’s sentence.  LETIZIA previously pled guilty before United States Magistrate Judge Paul E. Davison. 

U.S. Attorney Damian Williams said:  “For three decades, Gabriel Letizia defrauded AMA’s customers and jeopardized the safety of millions of consumers, all in the name of greed.  Thanks to our partners at FDA-OIC, the FBI, and the Rockland County District Attorney’s Office, he has now been sentenced to prison.”   

According to the allegations in the Indictment, the Superseding Information to which LETIZIA pled guilty, court filings, and statements made in court:

LETIZIA was the owner and executive director of AMA Laboratories, Inc. (“AMA”), a consumer product testing company in Rockland County, New York.  LETIZIA began operating AMA in the early 1980s, and became its sole owner in approximately 2003.

AMA purported to test the safety and efficacy of cosmetics, sunscreens, and other products on specified numbers of volunteer panelists for consumer products companies.  Clients of AMA used the test results to support their claims that their products were safe, effective, hypoallergenic, or provided a certain Sun Protection Factor (“SPF”), including after exposure to water.  AMA clients that manufactured sunscreens used the test results to comply with FDA regulations requiring sunscreen manufacturers to have their products tested and to maintain the test results for possible review by the FDA. 

From 1987 through April 2017, LETIZIA and AMA personnel operating at his direction defrauded AMA’s customers of more than $46 million by testing products on materially lower numbers of panelists than the numbers specified and paid for by AMA’s customers.  According to AMA employees, the majority of AMA’s tests contained fraudulent results, for two reasons.  First, at LETIZIA’s instruction, AMA personnel rarely tested products on the number of panelists requested by AMA’s clients.  Instead, AMA tested products on a far lower number of panelists, typically 20 or less, rather than the 50 for which the clients had paid.  AMA’s fees for tests were based, in part, on the number of panelists that were to participate in the study.  At LETIZIA’s direction, AMA sent its clients fraudulent test results in which AMA personnel included fictitious data for “phantom” panelists who had not actually participated in the tests. 

Second, at LETIZIA’s direction, AMA personnel routinely falsified test results relating to its clients’ products, which included suppressing adverse reactions and deviating from testing protocols.  From 2012 through April 2017, AMA received $46.2 million in revenue from the fraudulent reports. 

In addition to his prison term, LETIZIA, 72, of New City, New York, was sentenced to three years of supervised release, restitution in the amount of $1,440,238, and forfeiture in the amount of $46,200,000. 

Mr. Williams praised the outstanding investigative work of the U.S. Food and Drug Administration, Office of Criminal Investigations, the Federal Bureau of Investigation, and the Rockland County District Attorney’s Office.

Attorney General James Launches Investigations Into Social Media Companies for Role in Buffalo Attack

 

Investigations Will Focus on Platforms Shooter Used to Plan, Promote, and Stream the Attack

 New York Attorney General Letitia James today announced that her office is launching investigations into social media companies in connection with the terror attack in Buffalo that claimed 10 lives and wounded three individuals. The investigations will look into the social media companies and other online resources that the shooter used to discuss and amplify his intentions and acts to carry out this attack. Specifically, the investigations will focus on those ​platforms that may have been used to stream, promote, or plan the event, including but not limited to Twitch (owned by Amazon), 4chan, 8chan, and Discord.

“The terror attack in Buffalo has once again revealed the depths and danger of the online forums that spread and promote hate,” said Attorney General James. “The fact that an individual can post detailed plans to commit such an act of hate without consequence, and then stream it for the world to see is bone-chilling and unfathomable. As we continue to mourn and honor the lives that were stolen, we are taking serious action to investigate these companies for their roles in this attack. Time and time again, we have seen the real-world devastation that is borne of these dangerous and hateful platforms, and we are doing everything in our power to shine a spotlight on this alarming behavior and take action to ensure it never happens again.”

It has been reported that the shooter posted online for months about his hatred for specific groups, promoted white supremacist theories, and even discussed potential plans to terrorize an elementary school, church, and other locations he believed would have a considerable community of Black people to attack. Those postings included detailed information about plans to carry out an attack in a predominantly Black neighborhood in Buffalo and his visits to the site of the shooting in the weeks prior. The shooter also streamed the attack on another social media platform, which was accessible to the public, and posted a 180-page manifesto online about his bigoted views.

The Office of the Attorney General received a referral from Governor Hochul to conduct this investigation pursuant to New York Executive Law Section 63(8), which permits the attorney general to investigate matters concerning public peace, public safety, and public justice and to subpoena witnesses and compel the production of documents.

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - MAY 18, 2022

 

7-Day Average Case Rates in Central New York, Finger Lakes, Mohawk Valley — First Regions in New York State to See Spring Uptick — Continue Downward Decline

North Country, Southern Tier, and Western New York Case Rates Continue to Plateau

19 Statewide Deaths Reported Yesterday

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

"As we continue to monitor the numbers, I encourage New Yorkers to keep using the tools that protect against and treat COVID-19," Governor Hochul said. "The best way to prevent serious illness and hospitalization from COVID-19 is by getting fully vaccinated and staying up to date on your booster doses. I know first-hand how tests can help stop the spread to our vulnerable loved ones, so let's keep using this critical tool. If you test positive, talk to your doctor about treatments. Let's continue to look out for each as we work to move forward safely through this pandemic."

Today's data is summarized briefly below:   

• Cases Per 100k - 52.81
• 7-Day Average Cases Per 100k - 50.67
• Test Results Reported - 117,484
• Total Positive - 10,320
• Percent Positive - 8.27%**  
• 7-Day Average Percent Positive - 7.57%**
• Patient Hospitalization - 2,705 (+56)
• Patients Newly Admitted - 535
• Patients in ICU - 247 (+2)
• Patients in ICU with Intubation - 96 (+1)
• Total Discharges - 302,496 (+430)
• New deaths reported by healthcare facilities through HERDS - 19
• Total deaths reported by healthcare facilities through HERDS - 55,835

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.  

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.    

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.    

• Total deaths reported to and compiled by the CDC - 71,292

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 - 38,711,416
• Total vaccine doses administered over past 24 hours - 22,201
• Total vaccine doses administered over past 7 days - 147,922
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 92.6%  
• Percent of New Yorkers ages 18 and older with completed vaccine series - 83.9%  
• 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) - 87.2%  
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 83.4%  
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 73.3%  
• Percent of all New Yorkers with at least one vaccine dose - 82.1%  
• Percent of all New Yorkers with completed vaccine series - 74.3%  
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 90.4%  
• Percent of all New Yorkers with completed vaccine series (CDC) - 77.2%  

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:       

Borough	Sunday, May 15, 2022	Monday, May 16, 2022	Tuesday, May 17, 2022
Bronx	3.76%	3.75%	3.73%
Kings	4.01%	5.00%	5.07%
New York	5.62%	5.94%	6.02%
Queens	5.16%	5.26%	5.15%
Richmond	6.02%	6.50%	6.71%

     

MAYOR ADAMS ANNOUNCES APPOINTMENT OF NEW MEMBER TO PANEL FOR EDUCATIONAL POLICY

 

New York City Mayor Eric Adams today announced his appointment of Kyle Kimball to the Panel for Educational Policy (PEP). The newly appointed member brings a diverse range of experience spanning the public sector, education policy, the private sector, and, most importantly, firsthand knowledge as a public school parent. 

 

“New York City families deserve to be represented by a board reflective of the diversity that makes this city great,” said Mayor Adams. “Our PEP appointees reflect that diversity and our administration’s priority for enhancing parent and community engagement, as we reimagine our schools and improve education for every child from every background.”

 

“As a parent of a public school student, the husband of a teacher, and a deep history serving our city, Mr. Kimball brings critical insight to the Panel,” said New York City Department of Education Chancellor David C. Banks. “I look forward to working with him to uplift our schools in the coming years.”

 

The PEP replaced the former Board of Education in 2002 and is part of the governance structure responsible for the city’s public schools. Established under State Education Law, the PEP is responsible for approving standards, policies, and objectives directly related to educational achievement and instruction and the Chancellor’s Regulations, significant changes in school utilization, budgetary items, and department contracts.

 

Mayor Adams is responsible for nine appointments on the PEP. Kimball joins Dr. Vasthi Acosta, Tom Allon, Gregory Faulkner, Dr. Angela Green, Anthony Lopez, Alan Ong, Karina Taveras, and Gladys Ward as mayoral appointees to the PEP.

 

About Kyle Kimball

 

Kyle Kimball currently serves as the vice president of Government Relations for Consolidated Edison (Con Ed), joining the company in June 2015. In 2013, Kimball was appointed president of the New York City Economic Development Corporation (NYCEDC) by Mayor Michael Bloomberg and later reappointed by Mayor Bill de Blasio. In that position, he oversaw billions of dollars in capital infrastructure investments and implemented several of the city’s most ambitious commercial and housing real estate development projects. He also led efforts to strengthen the city’s economy by attracting new industries, growing local companies, and expanding entrepreneurship and educational opportunities. Before joining NYCEDC, Kimball worked at Goldman, Sachs & Co. as vice president in the Americas Financing Group, and at J.P. Morgan, as a vice president, in corporate capital markets.

 

Kimball is a 1995 graduate of Harvard. He also received a master’s degree in Public Policy from Harvard’s John F. Kennedy School of Government in 1998.

 

Originally from Lawrence, Kansas, Kimball lives in Park Slope, Brooklyn with his husband Doug, a public school teacher, and their daughter, Isadora, a public school student.