Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - SEPTEMBER 14, 2022

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

17 Statewide Deaths Reported Yesterday

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

"With school back in session, I urge New Yorkers to remain vigilant in keeping themselves, their loved ones, and their communities safe and healthy," Governor Hochul said. "Take advantage of the vaccine by staying up to date on doses. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Last week, Governor Hochul announced the availability of bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

In addition, Governor Hochul announced that masking will now be optional in multiple settings where they were previously required, including on public transportation, in for-hire vehicles, at airports, homeless shelters, correctional facilities, and detention centers. Masks will continue to be required at adult care and health care facilities regulated by the state Department of Health, and in clinical settings regulated by the Office of Mental Health, Office of Addiction Services and Supports, and Office for People With Developmental Disabilities.

Today's data is summarized briefly below:

• Cases Per 100k - 26.77
• 7-Day Average Cases Per 100k - 19.90
• Test Results Reported - 75,114
• Total Positive - 5,231
• Percent Positive - 6.17 %**
• 7-Day Average Percent Positive - 6.79%**
• Patient Hospitalization - 2,159 (-33)
• Patients Newly Admitted - 359
• Patients in ICU - 229 (-2)
• Patients in ICU with Intubation - 86 (+10)
• Total Discharges - 340,953 (+378)
• New deaths reported by healthcare facilities through HERDS - 17
• Total deaths reported by healthcare facilities through HERDS - 57,874

** 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 - 73,958

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	Sunday,   September   11, 2022	Monday,  September   12, 2022	Tuesday,  September  13, 2022
Bronx	5.69%	5.69%	5.67%
Kings	4.15%	5.11%	4.47%
New York	5.11%	4.99%	5.07%
Queens	6.75%	6.69%	6.66%
Richmond	5.89%	5.92%	5.84%

Defendant Sentenced To Over 19 Years In Prison For Participating In 11 Armed Robberies Of Luxury Watches

Victor Rivera Shot a Victim and Committed 11 Robberies and Attempted Robberies of Luxury Watch Dealers and Owners in New York City, New Jersey, and Long Island 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that VICTOR RIVERA was sentenced yesterday to 235 months in prison in connection with his participation in a robbery crew that targeted owners of luxury watches worth up to hundreds of thousands of dollars each between October 2019 and November 2020.  On January 19, 2022, RIVERA pled guilty to participating in a conspiracy to commit Hobbs Act robbery.  U.S. District Judge Alvin K. Hellerstein imposed this sentence.

U.S. Attorney Damian Williams said: “Victor Rivera committed nearly a dozen robberies of unarmed and defenseless victims, stealing hundreds of thousands of dollars of jewelry in the process.  During one of these robberies, he shot the victim in front of the victim’s own home.  This lengthy sentence holds Rivera accountable for these terrifying acts of violence.”

According to the Indictment, court documents, and based on statements made in open court:

From at least in or about October 2019 up to and including November 2020, VICTOR RIVERA and others known and unknown agreed to rob victims of luxury watches worth up to hundreds of thousands of dollars each.  The watches owned by victims targeted in the robberies included Richard Mille, Rolex, Audemars Piguet, and Patek Philippe watches owned by jewelers as part of the jewelers’ businesses, which were based in Manhattan’s Diamond District.  RIVERA used guns to commit several of the robberies, and in one robbery, shot a victim, who survived. 

The 11 robberies and attempted robberies included the following: 

1. On October 3, 2019, RIVERA and a co-conspirator robbed a jeweler in Long Island City, New York, of, among other things, a Richard Mille watch worth over $250,000.
2. On October 25, 2019, RIVERA and a co-conspirator robbed a jeweler in Jamaica, New York, of, among other things, a Rolex watch worth over $150,000.
3. On December 10, 2019, RIVERA and two co-conspirators robbed a jeweler in Brooklyn, New York, of, among other things, a Patek Philippe watch worth over $160,000 and a diamond necklace worth over $77,000.  During the robbery, a firearm was shown to the victim.
4. On January 14, 2020, RIVERA and a co-conspirator robbed a jeweler in Rego Park, New York, of, among other things, a Richard Mille watch worth over $500,000.
5. On February 16, 2020, RIVERA and a co-conspirator robbed a jeweler in Jamaica Estates, New York, of, among other things, an Audemars Piguet watch worth over $28,000.
6. On February 20, 2020, RIVERA and a co-conspirator robbed an individual in Long Island City, New York, of, among other things, an Audemars Piguet watch worth over $125,000.
7. On June 11, 2020, RIVERA and a co-conspirator robbed a jeweler in Brooklyn, New York, of, among other things, a Richard Mille watch worth over $148,000.  During the robbery, a firearm was shown to the victim, and a victim was shot.
8. On July 6, 2020, RIVERA and a co-conspirator robbed a jeweler in Hoboken, New Jersey, of, among other things, a Richard Mille watch worth over $81,000.  Following the robbery, RIVERA and others transported the stolen watch from New Jersey to New York.
9. On July 20, 2020, RIVERA and a co-conspirator participated in an attempted robbery of a jeweler in Queens, New York, attempting to steal a Richard Mille watch worth over $180,000.
10. On August 2, 2020, RIVERA and a co-conspirator robbed an individual in the vicinity of Englewood Cliffs, New Jersey, of, among other things, a Richard Mille watch worth over $250,000.  During the robbery, a firearm was shown to a victim.  Following the robbery, RIVERA and others transported the stolen watch from New Jersey to New York.
11. On October 27, 2020, RIVERA and a co-conspirator robbed a jeweler in the vicinity of Woodbury, New York, of, among other things, an Audemars Piguet watch worth over $26,000 and assorted jewels and gold links worth over $60,000.  During the robbery, a firearm was shown to a victim.

In addition to his prison term, RIVERA, 31, of Brooklyn, New York, was sentenced to three years of supervised release.  In addition, RIVERA was ordered to pay $1,380,800 in restitution and $1,380,800 in forfeiture.

Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York and the New York City Police Department.  Mr. Williams also thanked the Bergen County Prosecutor’s Office, the Englewood Cliffs Police Department, the Weehawken Police Department, and the Nassau County Police Department for their assistance.

MAYOR ADAMS’ STATEMENT ON INFLUX OF ASYLUM SEEKERS ARRIVING IN NEW YORK CITY

 

New York City Mayor Eric Adams today released the following statement on the increased influx of asylum seekers arriving in New York from the southern border and a situation involving 60 asylum seekers on Monday evening:

 

“In the last few months, we have experienced an unprecedented surge of asylum seekers arriving from the southern border. Since May, this administration, on its own, has safely and efficiently provided shelter, health care, education, and a host of other services to more than 11,000 people predominantly from Central and South America who are seeking a better life. This is a remarkable achievement that has required - and will continue to require — the efforts of our entire team, and has become a reality that no city official, advocate, or court ever could have contemplated. 

 

“In this new and unforeseen reality, where we expect thousands more to arrive every week going forward, the city’s system is nearing its breaking point. As a result, the city’s prior practices, which never contemplated the bussing of thousands of people into New York City, must be reassessed. While some may want to use these extraordinary circumstances as an opportunity to play an unproductive game of gotcha, we remain focused on supporting each of these individuals and families who need our city’s help.

 

“The approximately 60 men reported on from Monday night arrived with a group of several hundred others and were provided shelter early the next day as we immediately informed relevant stakeholders. We will continue to work every day with those who want to partner on this vital work to provide these individuals with the shelter and services they so desperately need.”

Attorney General James Announces Sentencing of Former New York State Supreme Court Justice

 

Former New York State Supreme Court Justice John Michalek Accepted Bribes from Former Erie County Power Broker and Democratic Committee Chairman Steven Pigeon

New York Attorney General Letitia James today announced the sentencing of former New York State Supreme Court Justice, John A. Michalek, 71, for his role in a bribery scheme that influenced judicial decisions and official appointments. The Honorable Judge Donald F. Cerio, Jr. sentenced Michalek to one year in jail on a Bribe Receiving charge and four months in jail on an Offering a False Instrument charge to run consecutively, for a total of 16 months in jail and a $5,000 fine.  

Michalek was sentenced in July along with his co-conspirator, former Chairman of the Erie County Democratic Committee, G. Steven Pigeon, 61, but the Judge stayed sentencing until today following an oral motion made by Michalek’s counsel. Pigeon was sentenced to one year in jail to run concurrent to his federal four-month sentence and a $5,000 fine. 

“Michalek violated the very laws he swore to uphold as a State Supreme Court Justice and lost New Yorkers’ trust, all for personal gain,” said Attorney General James. “New Yorkers deserve a justice system they can have faith in. That’s why this corrupt behavior is so egregious and unacceptable. Regardless of party affiliation, my office remains committed to rooting out corruption in government, at every level and in every branch.”

On June 30, 2016, Michalek pleaded guilty to two felonies, including Bribe Receiving in the Third Degree, a class D felony, and Offering a False Instrument for Filing in the First Degree, a class E felony, in connection with receiving bribes from Pigeon and for filing a false document with the New York State Office of Court Administration when he appointed a receiver requested by Pigeon. After entering his plea, Michalek submitted a letter of resignation to the New York State Chief Administrative Judge and was disbarred from practicing law. 

Between February 2012 and April 2015, Michalek and Pigeon exchanged emails and text messages which revealed Pigeon was bribing Michalek in order to influence judicial decisions. Messages show Pigeon helped Michalek secure employment and official appointments for two of his family members, gave Michalek free tickets to box seats for Buffalo Sabres hockey games, and gave Michalek’s family a free ticket to a $1,000 political fundraiser. The messages also indicate that Pigeon helped Michalek secure a judicial appointment to the New York State Supreme Court in the Appellate Division. 

Throughout the same time period, Pigeon and Michalek discussed multiple pending lawsuits that Michalek presided over. Michalek shared privileged and non-public information with Pigeon so that he could provide input and advice on the cases. In one case, Michalek appointed an attorney chosen by Pigeon to a receivership. Pigeon’s choice was not on the court-issued list of receivers, so in order to appoint the person, Michalek filed a document with the Office of Court Administration in which he falsely claimed he needed that specific attorney’s expertise in handling the receivership. 

The Office of the Attorney General (OAG) thanks the U.S. Attorney’s Office of the Western District of New York, New York State Police, and Federal Bureau of Investigation for their work on this matter. The OAG would also like to thank the New York State Board of Elections for their assistance.