Tuesday, August 16, 2022

Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - AUGUST 16, 2022

 COVID-19 vaccine vial and syringe

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

45 Statewide Deaths Reported from August 13 to August 15


 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 8/13/2022-8/14/2022. Data from those days were submittedin Monday's report. Where noted, totals include three days of cumulative data from 8/13/2022-8/15/2022. As a result, some data may appear higher than recent trends. Data affected is marked with an asterisk.

NOTE: Updates to the CDC's cumulative death data files are being delayed, as the CDC upgrades its system. Any questions about this should be directed to the CDC. During this time, total deaths and new daily deaths reported through HERDS will continue as normal.

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

"New Yorkers have worked hard to keep each other safe from COVID-19, and as we approach the fall, we must continue to use the tools at our disposal to prepare for any potential surges," Governor Hochul said. "Make sure you and your loved ones are up to date on the vaccine and booster doses. Get tested if you have symptoms, and if you do test positive, talk to your doctor about potential treatment."

Today's data is summarized briefly below:

  • Cases Per 100k - 18.72
  • 7-Day Average Cases Per 100k - 25.60
  • Test Results Reported - 67,649
  • Total Positive - 3,658
  • Percent Positive - 4.52%**
  • 7-Day Average Percent Positive - 5.53%**
  • Patient Hospitalization - 2,538 (+124)*
  • Patients Newly Admitted - 936
  • Patients in ICU - 245 (+10)
  • Patients in ICU with Intubation - 92 (+15)
  • Total Discharges - 331,847 (+745)*
  • New deaths reported by healthcare facilities through HERDS - 45*
  • Total deaths reported by healthcare facilities through HERDS - 57,375*

** 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 - 73,294

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, Aug. 13, 2022 

Sunday, Aug. 14, 2022 

Monday, Aug. 15, 2022 

Bronx 

8.14% 

7.87% 

7.63% 

Kings 

3.58% 

3.12% 

2.74% 

New York 

6.08% 

5.96% 

5.95% 

Queens 

8.03% 

7.72% 

7.63% 

Richmond 

7.14% 

6.72% 

6.54% 


Head Of Telemarketing Operation Pleads Guilty To $19 Million Credit-Card-Laundering Scheme

 

Defendant Used Phony Merchant Accounts to Obtain Credit Card Processing for His Deceptive Business

 Damian Williams, the United States Attorney for the Southern District of New York, announced that STEVEN SHORT, the former head of Florida-based E.M. Systems & Services, LLC and affiliated companies (collectively, “E.M. Systems”), pled guilty today to one count of conspiracy to commit wire fraud and bank fraud, in connection with his participation in a scheme to fraudulently obtain credit-card-processing services for his deceptive Florida-based telemarketing operation, through a California-based company called CardReady LLC (“CardReady”).  SHORT pled guilty today by videolink, before U.S. District Judge Loretta A. Preska.  His sentencing is scheduled for December 7, 2022. 

According to the Superseding Indictment, court filings, and statements made in Court:

SHORT and his co-conspirators fraudulently secured access to credit-card-processing services for SHORT’s underlying telemarketing scheme. From about 2012 through 2015, SHORT and E.M. Systems generated over $19 million from thousands of customers who received cold calls promising to reduce their overall debt burdens in exchange for fees of up to $1,495.  The telemarketing operation resulted in hundreds of complaints by customers of fraud and deceptive tactics, and requests for millions of dollars in refunds and chargebacks.  Credit-card-processing companies prohibit the processing of credit-card charges for purported “debt consolidation” and “interest rate reduction” services. SHORT and his co-conspirators fraudulently subverted those prohibitions using CardReady, which functioned as a sales agent engaged in the business of securing credit-card payment-processing services.  To execute this fraud, SHORT and others created dozens of sham merchant accounts and false merchant applications, concealing the true nature of SHORT’s telemarketing operation, and defrauding an associated credit-card-processing company and a federally insured bank into processing more than $19 million in payments for the scheme.

SHORT controlled E.M. Systems.  Beginning in 2012, SHORT sought to use E.M. Systems to carry out a telemarketing scheme targeting people with outstanding debt, and to offer them purported financial services.  In order to charge for such purported services via credit cards, SHORT sought access to the credit-card-processing market through CardReady, a Los-Angeles based company acting as a sales agent in the credit-card-processing industry.  As part of its business as a sales agent, CardReady found merchants who wanted credit-card-processing services, such as SHORT, and submitted merchant applications on behalf of those merchants to a Manhattan-based Independent Sales Organization (the “New York ISO”).  The New York ISO then evaluated the merchant applications, and referred acceptable merchant accounts up the chain to a payment processor (“Payment Processor-1”) and a bank (“Bank-1”).  Bank-1 and Payment Processor-1, in turn, processed payments to merchants for purchases by customers who had used credit cards.  Under E.M. Systems’ deal with CardReady, CardReady kept approximately one-third of the credit card sale transactions of SHORT and E.M. Systems, in exchange for providing them access to the credit card processing network.  

From approximately 2012 through 2015, SHORT and E.M. Systems carried out a telemarketing scheme in which they used telemarketers to cold-call consumers, targeting consumers with outstanding credit card debt.  The cold-callers offered the customers services, including debt consolidation and interest-rate reduction on their debts, which were prohibited by the applicable guidelines from Bank-1 and associated processing entities (the “Guidelines”), and which — as SHORT knew — would produce chargebacks from dissatisfied customers far in excess of the number and rate of chargebacks permitted under the Guidelines.

In securing credit-card-processing for E.M. Systems to process the fees paid by its customers, SHORT and CardReady concealed that E.M. Systems was the true underlying merchant.  Instead, SHORT and his co-conspirators, over a period of more than twenty months, created approximately 26 sham merchant companies, each headed by a “signer” (the “Sham Merchants” and the “Sham Merchant Accounts”).  The 26 signers for the 26 Sham Merchants typically had no business of their own, and knew little or nothing about E.M. Systems’ business.  In return for signing paperwork, the signers were paid a nominal fee by CardReady.  These false merchant applications also concealed the Sham Merchant’s true association with E.M. Systems.

By steering E.M. System’s payment processing through these Sham Merchant Accounts, SHORT and CardReady accomplished a number of fraudulent purposes.  First, the use of these Sham Merchant Accounts made it possible for E.M. Systems to conceal its identity from Payment Processor-1 and Bank-1 and to maintain payment card processing.  This was particularly relevant as Payment Processor-1 repeatedly required CardReady to close individual Sham Merchant Accounts because of excessive chargebacks and reports of sales of prohibited services. SHORT and CardReady then quickly replaced the closed Sham Merchant Accounts with new Sham Merchant Accounts, precluding Payment Processor-1 from shutting down its processing of Telemarketer-1 and other high-risk merchants.  Second, the fraudulent processing scheme enabled E.M. Systems to spread out its charges, refunds, and chargebacks across multiple Sham Merchant Accounts.  SHORT and CardReady thus enabled E.M. Systems to evade chargeback monitoring programs operated by Bank-1, Payment Processor-1, and the New York ISO.

SHORT, 45, of Tampa, Florida, pled guilty to Count One of the Superseding Indictment, which carries a maximum sentence of 30 years in prison, and a maximum fine of $1 million or twice the gross gain or loss from the offense.

Also charged in the superseding Indictment is Brandon Becker, 51, of Los Angeles, California, whose trial is scheduled to begin on November 14, 2022 before Judge Preska.  Becker is presumed innocent unless and until proven guilty.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Williams praised the extraordinary work of the FBI and thanked the Federal Trade Commission for its assistance.

NYS Office of the Comptroller DiNapoli: Local Sales Tax Collections Up Nearly 12% in July

 

NYS Office of the Comptroller Banner

Local sales tax collections in New York state increased by 11.9% in July compared to the same month in 2021, according to an analysis released today by State Comptroller Thomas P. DiNapoli. Overall, local collections totaled $1.8 billion, up $188 million as compared to July of last year.

“Statewide local sales tax collections growth continued to be strong in July, despite the participation of many counties in the gas tax holiday,” DiNapoli said. “However, it is important that local officials continue to monitor economic factors that impact overall sales tax revenues."

New York City’s collections totaled $776 million, an increase of 19.5% – or $127 million – over July of 2021. A majority of counties saw some year-over-year growth in July collections, with Schuyler County experiencing the largest increase at 19.6%, followed by Cattaraugus (13.3%) and Yates (12.6%). Conversely, Monroe County saw the steepest decline (-4.6%).

Monthly sales tax distributions made to counties and tax-imposing cities are based on estimates by the Department of Taxation and Finance. In the third month of each calendar year quarter, these distributions are adjusted upward or downward, so that the quarter as a whole reflects reported sales by vendors. The next quarterly numbers (for July-September) will be available in October, and will be the first to reflect the sales tax impact of the gas tax holiday on a county-by-county basis.  

Table

Monthly Local Sales Tax Collections by County and Region (for detailed monthly breakdown)

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbors,

Thank you for joining us for another week in review.

This week, we celebrated with our Dominican community for the 40th Annual National Dominican Day Parade. It was incredible! The weather was on our side and the energy was amazing. Thank you to everyone who joined us! We hope to see you again next year.

We also gathered for our Summer Concert Series that has been a huge success this summer with performers from all over giving their all on stage! We hope you will join us next Sunday for more singing and entertainment.

On Saturday, we joined with the Department of Sanitation during their Second Annual Bronx Clean Up Series on Castle Hill Avenue. Every Bronxite deserves a clean street and we are committed to beautifying our neighborhoods for our friends, families and children to enjoy.

Lastly, as Monkeypox numbers continue to rise, we ask that everyone take necessary precautions and get vaccinated. For vaccination appointments at one of the Bronx’s vaccination sites, please click here. If you experience Monkeypox symptoms, please seek medical attention immediately.

If you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

In partnership,
Bronx Borough President Vanessa L. Gibson

UPCOMING EVENTS
IN THE COMMUNITY
▪️ One of the goals of our administration is to advocate for investment into our borough. Last week,I joined with Senator Chuck Schumer and my colleagues in government to advocate for city, state and federal funding to go towards the Hunt’s Point Food Market.

▪️ The Hunt’s Point Food Market provides 25% of New York City’s produce.

▪️ Currently, the Hunt’s Point Food Market is home to over 30 merchants and employs over 8,000 New Yorkers and its redevelopment will support new, good-paying jobs that will offset the mounting cost of living in our city.

▪️ The Hunt’s Point Food Market is also a vital part of our city’s restaurant industry, providing fresh produce to approximately 23,000 restaurants and 2,500 green grocers.

▪️ The Bronx showed up and showed out for our Dominican community at the 40th Annual Dominican Day Parade!

▪️ Thank you for having us!


ICYMI
▪️ Intro 86-A, a bill that would require an agency designated by the mayor to administer a public education program that informs the public regarding the city’s standards for respectful care at birth, was signed into law at City Hall.

▪️ Intro 506-A was also signed into law as part of as part of a package of bills on maternal health.

MAYOR ADAMS REAPPOINTS JAMES HENDON AS COMMISSIONER OF NYC DEPARTMENT OF VETERANS’ SERVICES

 

 New York City Mayor Eric Adams today announced the reappointment of James Hendon as commissioner of the New York City Department of Veterans’ Services. Hendon will continue to lead the department to provide the city’s veterans with essential services and programs focused on pivotal areas, such as economic empowerment, housing security, benefits, health and wellness, and culture.

 

“James Hendon has devoted his career to serving our country and our city, and we are honored to have him continue to serve the tens of thousands of veterans living in New York City as commissioner of the Department of Veterans’ Services,” said Mayor Adams. “As a combat veteran and lieutenant colonel in the U.S. Army Reserve, James has illustrated a sincere commitment to ensuring his fellow veterans have access to services that are both impactful and compassionate. He has a proven track record of being an innovative leader, and I am proud to reappoint him to this role.”

 

“Commissioner Hendon is truly a tireless advocate for the city’s veterans and their families,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “As a combat veteran, he knows the courage required to serve, the strong bond between service members, and the support needed when returning home. The Department of Veterans’ Services plays a key role in helping service members in their transition to civilian life and is a resource throughout their life whenever they need it. I look forward to continuing to work with Commissioner Hendon in the coming months and years.”

 

"I am humbled and overjoyed to be given the opportunity to keep serving New York City's military veterans and their families,” said Commissioner James Hendon. “Mayor Adams has a vision of making New York City a place where, rather than spend disproportionate amounts of time and resources pulling people out of the river downstream, we prevent them from falling into the river upstream in the first place. We at the Department of Veterans’ Services embrace the mayor’s vision as it applies to our veterans and their loved ones. We proudly channel the mayor’s passion, viewpoint, efficiency, and sense of urgency as we empower the city’s veteran community to reach new heights." 

 

"I am pleased that the Adams administration recognizes the great contributions Commissioner James Hendon has made for veterans in New York City, said Charles B. Rangel, former congressman; statesman-in-residence, City College of New York. “I look forward to the mayor's continued support for Commissioner Hendon and the New York City Department of Veterans' Services that has done so much for our city's military veterans."

 

“I want to wholeheartedly congratulate my partner in New York City, James Hendon, on his reappointment as the commissioner of the New York City Department of Veterans’ Services,” said New York State Division of Veterans’ Services Director Viviana DeCohen. “I look forward to continuing our work and shared mission of providing the best services and programs for New York’s veterans, service members, and their families together.”

 

About James Hendon

 

James Hendon is the commissioner of the New York City Department of Veterans' Services. Previously, Hendon served as director of the New York University Veterans Future Lab, a small business incubator for practicing and aspiring entrepreneurs who are U.S. military veterans or veterans' spouses.


A veteran entrepreneur himself, Hendon is the founder and former CEO of the Energy Economic Development Corporation, an organization that provides green energy workforce development training throughout the New York City area. Previously, Hendon served as the COO for BlocPower, a U.S. Department of Energy-sponsored company that helps nonprofits, small businesses, and faith centers perform energy efficiency retrofits. He previously worked as an associate in the Real Estate Investment Banking Group at Deutsche Bank.

 

Before entering the civilian workforce, Hendon spent seven years in the U.S. Army as an active-duty infantry officer, where he deployed as a mortar platoon leader and battalion public affairs officer to Iraq, worked as an admissions officer for West Point, and served as the senior advisor to the Afghan Border Police in Afghanistan.

 

Hendon also served as a mayoral appointee on the New York City Veterans Advisory Board. He has volunteered as a longtime mentor for the Eagle Academy for Young Men in the Bronx. Hendon has participated in various fellowships, including the Council of Urban Professionals, the Truman National Security Project, the Environmental Leadership Program, and Presidential Leadership Scholars.

 

As a drilling U.S. Army reservist, Hendon, a Lieutenant Colonel, currently serves as the battalion commander for 1st Battalion, 411th Regiment, 4th Cavalry Brigade — a logistics support battalion.

 

Hendon is a graduate of West Point, the Harvard Kennedy School, and the Columbia Business School. He is also a graduate of the Earth Institute's Program in Conservation and Environmental Sustainability.

 

Nine Members and Associates of Genovese and Bonanno Organized Crime Families Charged with Racketeering and Illegal Gambling Offenses

 

Defendants Include a Detective with the Nassau County Police Department Charged with Obstruction of Justice and Lying to the FBI

 Earlier today, in federal court in Brooklyn, two indictments were unsealed charging nine defendants with racketeering, illegal gambling, money laundering conspiracy, obstruction of justice, and related offenses.  As alleged, charged with racketeering are: Anthony Pipitone, a captain and soldier in the Bonanno organized crime family of La Cosa Nostra; Vito Pipitone, Bonanno soldier; Agostino Gabriele, Bonanno associate; Carmelo Polito, acting captain in the Genovese organized crime family of La Cosa Nostra; Joseph Macario, Genovese soldier; and Genovese associates Salvatore Rubino and Joseph Rutigliano. 

Eight defendants were arrested this morning.  Seven are scheduled to be arraigned this afternoon before United States Magistrate Judge James R. Cho.  Vito Pipitone was arrested in Wellington, Florida and will make his initial appearance this afternoon in federal court in Miami.  Joseph Rutigliano remains at large.

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 Anne T. Donnelly, District Attorney, Nassau County District Attorney’s Office, announced the charges.

“Today’s arrests of members from two La Cosa Nostra crime families demonstrate that the Mafia continues to pollute our communities with illegal gambling, extortion, and violence while using our financial system in service to their criminal schemes,” stated United States Attorney Peace.   “The defendants tried to hide their criminal activity by operating from behind the cover of a coffee bar, a soccer club, and a shoe repair shop, but our Office and our law enforcement partners exposed their illegal operations.  Even more disturbing is the shameful conduct of a detective who betrayed his oath of office and the honest men and women of the Nassau County Police Department when he allegedly aligned himself with criminals.”

Mr. Peace thanked the New York City Police Department, the Waterfront Commission of New York Harbor, and the United States Department of Labor, Office of the Inspector General for their assistance in the investigation.

“Current members of the five families demonstrate every day they are not adverse to working together to further their illicit schemes, using the same tired methods to squeeze money from their victims. Enlisting alleged assistance from a member of law enforcement also proves they are willing to do all they can to hide their illegal behavior. Our active investigations show the mafia refuses to learn from history, and accept that at some point they will face justice for their crimes,” stated Assistant Director-in-Charge Driscoll.

“This case is further proof that organized crime is alive and well in our communities,” stated District Attorney Donnelly.  “These violent criminal organizations operated secret underground gambling parlors in local commercial establishments, generating substantial amounts of money in back rooms while families unknowingly shopped and ate mere feet away. These Mafia figures were assisted by a sworn member of law enforcement, who helped these gambling dens to thrive by offering police raids on competing clubs.  The Mafia has brought untold violence and extortion into our neighborhoods for decades, even threatening the life of an individual as part of this case. This indictment sends a strong message that we are committed to rooting out corruption and organized crime. We thank the EDNY, the FBI and the Nassau County Police Department DA Squad for their partnership in helping to keep our communities safe.”

As detailed in the indictments and court filings, members of the Genovese and Bonanno organized crime families operated several illegal gambling operations in the Eastern District of New York.  Beginning in at least May 2012, the Genovese and Bonanno families jointly operated a lucrative illegal gambling operation in Lynbrook, New York called the Gran Caffe.  The profits earned through this and other gambling locations generated substantial revenue, which was then laundered through cash transfers to the defendants and through “kicking up” to the crime families’ leaders.  Rutigliano and Rubino collected the proceeds for the Genovese crime family and distributed them up to higher- ranking members, including Polito and Macario.  At times, Gabriele collected the proceeds for the Bonanno crime family and distributed them up to higher-ranking members of that family, including Anthony Pipitone and Vito Pipitone. 

In addition to the Gran Caffe, the Genovese crime family—through Polito, Macario, Rutigliano, Rubino and others—operated illegal gambling parlors at establishments called Sal’s Shoe Repair and the Centro Calcio Italiano Club.  The Bonanno crime family—through Anthony Pipitone, Vito Pipitone, Gabriele and others—operated illegal gambling parlors at establishments called the Soccer Club, La Nazionale Soccer Club and Glendale Sports Club. 

Carmelo Polito, an alleged acting captain in the Genovese crime family, is also charged with operating an illegal online gambling scheme in which bets were placed on sporting events through a website called “PGWLines.”  In connection with his operation of PGWLines, Polito is charged with attempting to extort an individual who lost several thousand dollars in bets he placed through the website.  For example, in an October 2019 call concerning a delinquent debtor whose “face” Polito had previously threatened to “break,” Polito instructed another individual to relay a new message to the debtor: “Tell him I’m going to put him under the f------g bridge.”

As also detailed in the indictments and other court filings, Hector Rosario, a detective with the Nassau County Police Department, accepted money from the Bonanno crime family in exchange for offering to arrange police raids of competing gambling locations.  Rosario is charged with obstructing a grand jury investigation by the United States Attorney’s Office for the Eastern District of New York and lying to the FBI. 

The illegal gambling locations include:

  • La Nazionale Soccer Club, 80-13 Myrtle Avenue, Queens
  • Glendale Sports Club, 74-03 Myrtle Avenue, Queens
  • Gran Caffe, 31 Hempstead Avenue, Lynbrook
  • Soccer Club, 129 Rockaway Avenue, Valley Stream
  • Sal’s Shoe Repair, 41 Merrick Avenue, Merrick
  • Centro Calcio Italiano Club, 1007 Little East Neck Road, West Babylon

The charges in the indictments are allegations, and the defendants are presumed innocent unless and until proven guilty.

Attorney General James Fights to Protect Access to Reproductive Health Care and Emergency Abortion Care

 

Multistate Coalition Co-led by AG James Files Briefs to Ensure Access to Emergency Abortion Care in Idaho and Texas 

 New York Attorney General Letitia James today continued her fight to protect nationwide reproductive health care access and limit the effect of dangerous abortion bans. Co-leading a multistate coalition with California, Attorney General James filed two amicus briefs in U.S. District Courts in Idaho and Texas arguing that near total bans on abortion conflict with the federal Emergency Medical Treatment and Labor Act (EMTALA), which has consistently been interpreted to require healthcare providers to administer immediate emergency medical services to patients, including abortion care when required. In the briefs, the coalition of 21 attorneys general explains that abortion care has always been considered emergency care under EMTALA and failing to provide emergency abortion care harms pregnant patients and imposes pressures on the healthcare systems of neighboring states. 

“An assault on people’s rights anywhere is an attack on people’s rights everywhere. The actions being taken by Idaho and Texas are being watched by other states throughout the nation, and by anti-choice forces here in New York,” said Attorney General James. “States that are restricting access to abortion care are endangering people’s lives and creating a public health crisis. Access to safe abortion care is about saving lives and recognizing the right to bodily autonomy and privacy. New York will continue to lead the way and fight for abortion rights and reproductive freedom for all Americans.”  

Attorney General James co-led a multistate coalition in filing amicus briefs to protect abortion access in U.S. v. Idaho and Texas v. Becerra. In U.S. v. Idaho, the U.S. Department of Justice (DOJ) is seeking a preliminary injunction to prevent Idaho’s new near total ban on abortion from eliminating necessary emergency abortion care, arguing that EMTALA protects abortion care. In Texas v. Becerra, Texas filed a lawsuit against Secretary of Health and Human Services Xavier Becerra to prevent enforcement of EMTALA’s requirement to provide emergency abortion care. 

EMTALA requires hospitals to treat any patient’s emergency medical condition that could result in serious jeopardy to the patient’s health, including administering abortion care, to stabilize a patient’s medical condition. If a pregnant patient enters an emergency department with serious medical conditions related to the pregnancy, the hospital is required under EMTALA to treat the patient, including providing abortion care, to prevent serious harm to the patient’s health or to save the patient’s life. Under EMTALA, the hospital cannot transfer or discharge the patient until they are treated and stabilized. Therefore, a near total ban on abortions would prevent healthcare providers from administering emergency abortion care when needed. In the briefs, the coalition explains that denying patients emergency abortion care harms pregnant patients and endangers their lives. Furthermore, the coalition points out that preventing physicians from providing emergency abortion care burdens healthcare systems in other states and potentially create a public health crisis. 

New York and California co-led the amici briefs filed in the U.S. District Courts in Idaho and the Northern District of Texas. Joining them are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Washington, and the District of Columbia.

Attorney General James has been a prolific fighter for abortion rights and abortion access. In June, Attorney General James launched a legal hotline to help provide legal guidance to patients, healthcare providers, and supporters seeking information about their legal rights. In May, Attorney General James supported state legislation to establish a state program to provide financial resources to abortion providers in New York and called for a New York state Constitutional Amendment ensuring the right to an abortion

Attorney General James has helped lead a coalition of states’ attorneys general in combatting efforts to restrict abortion access. In December 2021, she filed an amicus brief supporting a challenge to Arizona’s “reason ban” that prohibits abortion when it is sought because of the presence of a fetal abnormality. In November 2021, she filed an amicus brief supporting a constitutional challenge to several Indiana laws that impose burdensome restrictions on abortion providers that are not imposed on other health care providers. In October 2021, she filed an amicus brief urging the U.S. Supreme Court to stop Texas’ unconstitutional six-week abortion ban, Senate Bill 8 (SB 8), by vacating a Fifth Circuit order that let the abortion ban continue to take effect. In September 2021, she filed an amicus brief in the U.S. Supreme Court supporting a challenge to a Mississippi law that bans abortions after 15 weeks

Governor Hochul Signs Gun Safety Legislation Strengthening Bans on Realistic-looking Imitation Weapons Used to Commit Crimes

Close Up Pens

 Legislation S.687/A.3998 Bans Imitation Weapons Unless They Are Brightly Colored or Completely Constructed of Translucent Materials


 Governor Kathy Hochul today signed legislation S.687/A.3998 to strengthen restrictions on imitation weapons, which can be used to commit crimes. The new law makes imitation weapons easily identifiable, preventing them from being used to commit crimes and allowing law enforcement to identify a device as fake when assessing threats. 

"My top priority as governor is keeping New Yorkers safe, and that means cracking down on devices used to commit crime," Governor Hochul said. "Restricting these realistic-looking devices will ensure misleading and potentially dangerous devices are off our streets, keeping kids, law enforcement and all New Yorkers safe."  

This new law strengthens existing restrictions on imitation weapons by clarifying that permissible imitation weapons must be easily identifiable: they cannot be black, blue, silver or aluminum, and must be colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, bright purple, or be made entirely of transparent or translucent materials. While certain imitation weapons are prohibited by certain municipalities, like New York City, this new law will create consistency throughout the state. Limited common-sense exceptions for special use, such as imitation weapons used in theatrical productions, are permitted.

According to data released by the Office of the Attorney General, there have been at least 63 shootings in New York State as a result of individuals mistaking imitation weapons for real firearms, eight of which have resulted in fatalities, and hundreds of crimes have been committed in New York City with imitation weapons.

This month, Governor Hochul announced a 93 percent increase use of the Red Flag Law by law enforcement as part of ongoing efforts to combat increased gun violence throughout the state. In June, Governor Hochul called an extraordinary session in response to the Supreme Court's decision in NYSRPA v. Bruen and signed legislation to strengthen gun laws. Governor Hochul also formed the Interstate Task Force on Illegal Guns, which has been successful in combatting the transportation of illegal guns across state lines.