Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - JULY 12, 2022

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

ICYMI: Governor Today Announced COVID-19 Treatment Public Awareness Campaign, Yesterday Launched COVID-19 Treatment Hotline

39 Statewide Deaths Reported from 7/9 to 7/11

 NOTE: Beginning June 24, 2022, the Vaccine data will be updated weekly on Fridays to align with CDC's updated data refresh schedule. For additional information on COVID-19 Vaccination Data provided by CDC, see https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-total-admin-rate-total.

Important Note: HERDS data collection from health care facilities was paused due to the weekend from 7/09/2022-07/10/2022. Data from those days were submitted in Monday's report. Where noted, totals include three days of cumulative data from 07/09/2022-07/11/2022. As a result, some data may appear higher than recent trends. Data affected is marked with an asterisk.

Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19. Earlier today, Governor Hochul announced the launch of a new public awareness campaign on treatment options for people who test positive for COVID-19 and have symptoms. Yesterday, Governor Hochul announced the launch of a new free Hotline for those who test positive for COVID-19, but don'thave a health care provider.

"We've made real progress in our fight against COVID-19, but as new variants continue to spread we remain vigilant in our ongoing efforts to protect New Yorkers," Governor Hochul said. "I encourage all New Yorkers to keep using tools that we know protect against and treat COVID-19. Stay up to date on your vaccine and booster doses, and consult with your child's pediatrician about getting them vaccinated as soon as possible. Test often if you have symptoms, and if you test positive stay home and talk to you doctor about available treatment options."

Today's data is summarized briefly below:

• Cases Per 100k - 42.83
• 7-Day Average Cases Per 100k - 33.69
• Test Results Reported - 64,259
• Total Positive - 8,370
• Percent Positive - 11.31%**
• Patient Hospitalization - 2,384 (+118)
• Patients Newly Admitted - 961*
• Patients in ICU - 244 (+9)
• Patients in ICU with Intubation - 78 (-4)
• Total Discharges - 319,240 (+759)*
• New deaths reported by healthcare facilities through HERDS - 39*
• Total deaths reported by healthcare facilities through HERDS - 56,715*

** 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 - 72,271

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.

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

Borough	Saturday, July 9, 2022	Sunday, July 10, 2022	Monday, July 11, 2022
Bronx	9.77%	9.80%	9.81%
Kings	8.47%	8.51%	8.64%
New York	8.94%	8.85%	8.82%
Queens	11.01%	11.11%	11.19%
Richmond	9.87%	10.00%	10.37%

Attorney Pleads Guilty To Filing Fraudulent Lawsuits Under The Americans With Disabilities Act

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that attorney STUART FINKELSTEIN pled guilty to mail fraud in connection with his filing of fraudulent lawsuits pursuant to the Americans with Disabilities Act (“ADA”)

According to the Indictment and statements made in court filings:

FINKELSTEIN is a lawyer who has filed, or has caused to be filed, over 300 lawsuits pursuant to the ADA on behalf of purported plaintiffs, including Victim-1 and Victim-2.  These lawsuits were filed in the United States District Courts for the Southern District of Florida, the Southern District of New York and the Eastern District of New York against various public establishments (the “Victim Public Establishments”).  Each of these lawsuits made representations that Victim-1 and Victim-2 were represented by FINKELSTEIN or an associate.  Furthermore, each of these lawsuits alleged that Victim-1 and Victim-2 had standing to sue under the ADA.  The lawsuits sought attorney’s fees and injunctive relief to address the alleged noncompliance with the ADA.

FINKELSTEIN’s lawsuits on behalf of Victim-1 and Victim-2, however, were fraudulent.  Victim-1 and Victim-2 neither retained nor authorized FINKELSTEIN to file ADA lawsuits on their behalf.  Instead, FINKELSTEIN stole the identities of Victim-1 and Victim-2, made numerous false representations to the Victim Public Establishments and the courts, obstructed official judicial proceedings, and then settled these fake lawsuits in order to collect approximately $900,000 in attorney’s fees.

FINKELSTEIN, 67, of Davie, Florida, pled guilty to one count of mail fraud, which carries a maximum sentence of 20 years in prison. 

The maximum potential sentence is prescribed by Congress and are provided here for informational purposes only, as the sentence will be determined by the court. 

Mr. Williams praised the outstanding investigative work of Special Agents from the U.S. Attorney’s Office for the Southern District of New York.

BRONX MAN INDICTED FOR MURDERING HIS NYPD OFFICER WIFE

 

Defendant Stabbed Victim Multiple Times About the Body

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted for second-degree Murder and additional charges for stabbing his estranged wife, a New York City Police Officer, in her home.

 District Attorney Clark said, “The defendant allegedly went to the home of his estranged wife, who served in the NYPD Transit Bureau, confronted her, then stabbed her multiple times, causing her death. She leaves behind a young child. I send my condolences to her family and extended NYPD family who lost a dedicated public servant to domestic violence.”

 District Attorney Clark said the defendant, Argenis Baez, 33, last of 2785 Sedgwick Avenue, was arraigned today on second-degree Murder, first-degree Manslaughter, and fourth-degree Criminal Possession of a Weapon before Bronx Supreme Court Justice Ralph Fabrizio. The defendant was remanded and is due back in court on October 12, 2022.

 According to the investigation, at approximately 2:06 a.m. on June 13, 2022, the defendant allegedly went to the apartment of Arianna Reyes, 31, his estranged wife and the mother of his child, and confronted her. Baez allegedly struggled with Reyes and made his way into her home. The defendant allegedly stabbed Reyes eight times in the chest, leg, back, and torso with a knife. Baez fled the scene, and the victim was pronounced dead at the scene. The defendant turned himself into authorities and was arrested later that day. The child was not in the apartment when Baez allegedly killed Reyes.

 District Attorney Clark also thanked NYPD Detective Vincent Trozzi of the 44th Precinct and NYPD Detective Brianna Constantino of Bronx Homicide for their work in the investigation; and the entire NYPD Transit Bureau family for their support.

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

Attorney General’s Office of Special Investigation Opens Investigation Into Civilian Death in Brooklyn

 

 The New York Attorney General’s Office of Special Investigation (OSI) has opened an investigation into the death of Malik Williams, who died on July 9, 2022, following an encounter with members of the New York City Police Department (NYPD).

On the evening of July 9, members of NYPD pulled over a car during an alleged traffic stop in which Mr. Williams was a passenger on Flatbush Avenue in Brooklyn. The officers directed the occupants to get out of the car and Mr. Williams fled. An officer pursued him on foot. During the pursuit, Mr. Williams allegedly fired a gun at the officer and the officer fired back. Mr. Williams was taken to a local hospital where he was pronounced dead. Officers recovered a gun at the scene.

Pursuant to New York State Executive Law Section 70-b, OSI assesses every incident reported to it where a police officer or a peace officer, including a corrections officer, may have caused the death of a person, by an act or omission. Under the law, the officer may be on-duty or off-duty, and the decedent may be armed or unarmed. Also, the decedent may or may not be in custody or incarcerated. If OSI’s assessment indicates an officer caused the death, OSI proceeds to conduct a full investigation of the incident.

These are preliminary facts and subject to change. 

Long Island MS-13 Gang Associate Sentenced to 25 Years in Prison for Murdering a 15-Year-Old Boy in Freeport

 

Defendant Was Arrested in El Salvador and Extradited to the United States

 Today in federal court in Central Islip, Eduardo Portillo, also known as “Firuli” and “Tito” (Portillo), an associate of the violent transnational criminal organization La Mara Salvatrucha, also known as the “MS-13,” was sentenced by United States District Judge Gary R. Brown to 25 years in prison for his role in the murder of 15-year-old Javier Castillo in Cow Meadow Park in Freeport.  The defendant, who was arrested in El Salvador and extradited to the United States to face these charges, pleaded guilty in September 2021 to racketeering, and admitted to his involvement in the Castillo murder and narcotics trafficking on behalf of the MS-13.  

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the sentence.

“With today’s sentence, Portillo learned there are very serious consequences for participating in the planning and execution of a murder so that he could gain membership in the MS-13 gang, a vicious criminal enterprise whose members have no regard for human life or the rule of law,” stated United States Attorney Peace.  “That the victim in this case was a 15-year-old boy is all the more tragic, and it is my hope that dogged work of law enforcement in tracking down the defendant in El Salvador, his extradition to the Eastern District of New York, and the decades the defendant will spend in prison, brings some measure of closure to the family of the young victim.” 

Mr. Peace expressed his appreciation to the investigators and analysts from the FBI’s Long Island Gang Task Force and Transnational Anti-Gang (TAG) Unit in El Salvador, the Nassau County Police Department, and the Justice Department’s Office of International Affairs for its assistance with Portillo’s extradition.

“Today’s sentencing sends another clear message that gang violence will not be tolerated and the extradition of this suspect proves law enforcement will go to great lengths to ensure justice is served,” stated SCPD Commissioner Harrison said. “I would like to thank all our law enforcement partners for bringing this case to a successful conclusion and hope this sentencing brings some sense of closure for the victim’s family.”

Portillo and other MS-13 members targeted Castillo for death because he was believed to be a member of the 18th Street gang, one of MS-13’s principal rivals.  On October 10, 2016, Portillo, who was friendly with Castillo, and other Brentwood-based members of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13, convinced Castillo to go with them to Freeport – approximately 20 miles away – to smoke marijuana.  There, they lured Castillo to an isolated marsh area in Cow Meadow Park, where Portillo and his co-conspirators attacked Castillo, taking turns hacking him to death with a machete.  Afterwards, the MS-13 members dug a hole and buried Castillo’s body.  The victim’s brother informed the SCPD that he was told by a person who had ties with the MS-13 to stop looking for Castillo, because he was already “gone and buried.”  Castillo’s body was recovered one year later in October 2017.

Portillo, who was illegally in the United States at the time of the murder, was deported to El Salvador before he was indicted for Castillo’s murder.  However, after he was indicted, the United States Attorney’s Office for the Eastern District of New York (USAO-EDNY) and FBI obtained an INTERPOL Red Notice for Portillo.  On February 23, 2019, El Salvador’s Policía Nacional Civil (PNC) Centro Antipandillas Transnacional (CAT) Unit, who are assigned to the Transnational Anti-Gang (TAG) Unit, located Portillo and arrested him in Morazán, El Salvador on the Red Notice.  The USAO-EDNY subsequently requested Portillo’s extradition and, on November 6, 2020, he was extradited to the United States. 

Today’s sentencing is the latest accomplishment in a series of federal prosecutions by the USAO-EDNY targeting members and associates of the MS-13, a violent, transnational criminal organization.  The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States.  With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island.  Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York.  A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders, and assaults.  Since 2010, this Office has obtained indictments charging MS-13 members and associates with carrying out more than 60 murders in the district, and has convicted dozens of MS-13 leaders, members, and associates in connection with those murders.  These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, New York State Police, Hempstead Police Department, Rockville Centre Police Department, and New York State Department of Corrections and Community Supervision.