Governor Hochul Updates New Yorkers on State's Progress Combating Covid-19 - JANUARY 26, 2023

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

34 Statewide Deaths Reported on January 25 

 Governor Kathy Hochul today updated New Yorkers on the state's progress combatting COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections that become more common in the winter season. 

"I urge all New Yorkers to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts last month.  

Recently, the New York State Department of Health announced that the XBB.1.5. variant is now the most dominant strain in New York, accounting for more than 50 percent of COVID-19 infections statewide. Emerging at a time when both COVID-19 and flu cases remain high, early data indicates that XBB.1.5. is more transmissible than other circulating variants, though there is not yet clear evidence of significant changes to virulence or severity of disease.  

The New York State Department of Health's weekly flu surveillance report for the week ending January 14, shows influenza remaining widespread throughout the state for a fifteenth consecutive week, with a total of 300,907 positive cases across all 62 counties reported to date. The report found that confirmed cases statewide dropped 50 percent, while overall hospitalizations were down 52 percent from the previous week, with the week, at 798 hospitalizations across the state. 

Additionally, there were 13 outbreaks in acute care and long-term care facilities, the report determined. There were two additional pediatric deaths, leaving the total at eight statewide. 

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.  

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/. 

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. Last month, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.  

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. 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. 

Today's data is summarized briefly below:  

• Cases Per 100k - 19.76
• 7-Day Average Cases Per 100k - 17.04
• Test Results Reported - 56,895
• Total Positive - 3,862
• Percent Positive - 6.39%** 
• 7-Day Average Percent Positive - 6.12%**
• Patient Hospitalization - 2,844 (-185)
• Patients Newly Admitted - 383
• Patients in ICU - 312 (-1)
• Patients in ICU with Intubation - 115 (-9)
• Total Discharges - 393,926 (+512)
• New deaths reported by healthcare facilities through HERDS - 34
• Total deaths reported by healthcare facilities through HERDS - 61,209

** Due to the test reporting policy change by the federal Department of Health and Human Services 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 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 - 77,552

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	Monday,   January   23, 2023	Tuesday,   January   24, 2023	Wed.   January  25, 2023
Bronx	7.13%	6.81%	6.46%
Kings	4.95%	4.78%	4.45%
New York	5.78%	5.48%	5.17%
Queens	6.65%	6.50%	6.31%
Richmond	5.73%	5.54%	5.21%

     

Statement from Speaker Adams on Mayor Adams’ 2023 State of the City Address

 

“Mayor Adams’ focus on jobs, safety, housing, and care offers many proposals that align with the Council’s priorities to create a safer, healthier, and more equitable city. A strong city government and workforce, supported through our city budget, is essential to the goals that New Yorkers need us to fulfill.

“As we seek to address a dire housing crisis, it is imperative that we advance comprehensive neighborhood planning that helps us build more affordable housing for New Yorkers at an increased pace with equity. Mayor Adams’ administration and Council Members working collaboratively on planning and building housing, as well as the announced investments in tenant protections, represent significant steps forward in our efforts.

“We agree that the path to public safety is preventing crime before it occurs, and this requires adequate resources for a range of preventative investments into communities for jobs, housing, and care that are not present in proposed budgets. The response to recidivism needs to be greater investments in the evidence-based programs that are proven to reduce it. Mayor Adams’ announcement of funding for district attorneys and public defenders to help fill critical staffing shortages that clear backlogs is welcomed. A just legal system requires timely processes that don’t leave people unnecessarily in pre-trial detention within our jails. This is one of many investments needed to ensure that we close Rikers and help keep everyone in our jail system and communities safe.

“We are glad the Mayor’s vision addresses issues that the Council has advanced, which include increasing economic opportunity for New Yorkers with disabilities, women’s health, and expanding composting citywide. The Council has been set to pass a citywide composting law since last year, awaiting the administration’s environmental review, and my own State of the City last year prioritized laws we have passed to support New Yorkers with disabilities. We’re proud the Mayor is moving forward aggressively on these issues.

“I am encouraged by Mayor Adams’ increased support and commitments for our city’s Minority and Women-Owned Business Enterprises (MWBEs), as well as education, economic development and workforce opportunities, addiction treatment and harm reduction, food justice, and other areas of human services that deserve stronger investments from our city.

“At the end of the day, budget commitments are necessary to achieve our goals. None of this work is possible without the full capacity of our city agencies that have lost funding, struggled with dangerously high rates of vacancies, and are at risk of losing additional funds and positions. This has undermined the ability to truly confront the housing crisis and deliver essential services to New Yorkers, making it difficult for the City to properly fund housing projects and New Yorkers to access assistance like their SNAP benefits and housing vouchers. To successfully implement the jobs, safety, housing, and care laid out in Mayor Adams’ State of the City, the necessary investments must follow. The Council will continue to be a voice for New Yorkers in ensuring the most important goals for our city are met, working with Mayor Adams and all of our colleagues in government.”

Two Leaders Of Violent Drug Cartel Sentenced To Life And 50 Years In Prison

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that JULIO MARQUEZ ALEJANDRO, a/k/a “Chino,” was sentenced to life in prison, and LUIS BLONDET was sentenced to 50 years in prison, each for their leading roles in a brutal drug cartel that is responsible for dozens of murders, the bribery of corrupt police officers in Puerto Rico, and the distribution of thousands of kilograms of cocaine in New York, Puerto Rico, and elsewhere.  In April 2022, a jury convicted MARQUEZ ALEJANDRO and BLONDET of racketeering and murder-related charges after a three-week trial before U.S. District Judge Jesse M. Furman, who sentenced MARQUEZ ALEJANDRO yesterday and BLONDET earlier today.  

U.S. Attorney Damian Williams said: “For years, Julio Marquez Alejandro and Luis Blondet repeatedly resorted to heinous murder for their own benefit.  Dozens of people died as a result of the reign of terror their organization carried out.  But this Office is committed to seeking justice for otherwise forgotten victims, no matter how long it takes.  Thanks to outstanding work from our law enforcement partners, Marquez Alejandro and Blondet will rightly spend decades in prison.”

According to the evidence at trial and other filings in the case:

MARQUEZ ALEJANDRO was one of the founding fathers of “La Organizacion de Narcotraficantes Unidos,” or “La ONU,” a criminal enterprise whose members and associates engaged in, from in or about 2004 to in or about 2016, dozens of murders, the bribery of corrupt police officers in Puerto Rico, and the distribution of thousands of kilograms of cocaine, including the shipment of cocaine from Puerto Rico to New York.  Cocaine supplied by La ONU was distributed in New York City, including out of a children’s daycare center in the Bronx.  BLONDET was also a member and leader of La ONU and one of MARQUEZ ALEJANDRO’s closest allies.

The evidence at trial established that MARQUEZ ALEJANDRO personally ordered, authorized, or otherwise helped facilitate the murders of at least 15 people to maintain or expand his power and profits.  The evidence also showed that BLONDET personally participated in or helped facilitate the murders of seven people.  For example:

On or about April 9, 2005, BLONDET murdered Crystal Martinez Ramirez at a party in San Juan, Puerto Rico.  After Martinez Ramirez refused BLONDET’s sexual advances, BLONDET shot Martinez Ramirez in the head twice and dumped her body on a street corner.

On or about December 28, 2006, Israel Crespo Cotto was murdered on the orders of MARQUEZ ALEJANDRO because Crespo Cotto was believed to be cooperating with law enforcement.  MARQUEZ ALEJANDRO’s assassins killed Crespo Cotto, a double amputee, while he was sitting in his wheelchair in the Manuel A. Perez public housing projects in San Juan, Puerto Rico.  Crespo Cotto was shot 24 times.

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

MARQUEZ ALEJANDRO, BLONDET, and other members of La ONU arranged for the murder of Hommysan Cariño Bruno, a leader of a rival drug organization, paying a driver to kill Cariño Bruno and providing the murder weapon.  Cariño Bruno was shot and killed while inside a van on or about April 29, 2008, in San Juan, Puerto Rico.

On or about March 20, 2009, Carlos Barbosa was murdered on the orders of MARQUEZ ALEJANDRO because Barbosa was believed to be plotting to seize power from MARQUEZ ALEJANDRO.  Barbosa was shot over a dozen times while getting his hair cut at a barbershop in Levittown, Puerto Rico.

On or about November 27, 2009, Emanuel Correa Romero, a/k/a “Oreo,” was murdered on the orders of MARQUEZ ALEJANDRO.  Members of La ONU beat Correa Romero until he appeared dead.  After the assault, members of La ONU placed Correa Romero’s body into a suitcase and later reported back that they shot the suitcase dozens of times and then lit it on fire.

At the sentencing of MARQUEZ ALEJANDRO, Judge Furman emphasized MARQUEZ ALEJANDRO’s “stunning disrespect for the value of other human life” and “the scale of human suffering for which he is responsible.”       

When sentencing BLONDET, Judge Furman underscored that BLONDET’s murder of Crystal Martinez Ramirez was “grotesque and inhumane.”

In addition to their prison terms, MARQUEZ ALEJANDRO, 52, of San Juan, Puerto Rico, and BLONDET, 48, of San Juan, Puerto Rico, were ordered to forfeit $11.52 million and $212,000, as proceeds of their crimes, respectively.

Mr. Williams praised the investigative work of the U.S. Postal Inspection Service, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

CONSUMER ALERT: New York State Division of Consumer Protection Reminds Parents to Pay Attention to Lifesaving Information Related to Product Recalls

 

74 More Infant Deaths Linked to Inclined Sleep Products After Recall 

Secretary Rodriguez: “I Urge All New Yorkers to Stop Using These Products and Pay Attention to Product Recalls” 

What Should Parents Look For? Video Here 

The New York State Division of Consumer Protection today urged parents and caregivers to pay attention to product recalls. This month, the U.S. Consumer Product Safety Commission, which issues product recalls across all categories of consumer goods, re-issued earlier recalls for two inclined sleep products after additional infant deaths were reported. Inclined sleepers are dangerous for babies and increase the risk of suffocation. 

“Infants spend most of their time sleeping so it’s important to provide a safe sleep environment for babies,” said Secretary of State Robert Rodriguez. “I urge all New Yorkers to stop using these products and pay attention to product recalls. Sales and distribution of these recalled items are prohibited and illegal. Using these recalled sleeper puts children’s lives at risk.”

In January 2023, both Fisher-Price and Kids2 re-issued alerts after their products remained in circulation almost four years after these products were originally recalled.

• In April 2019, Fisher-Price alerted consumers to over 30 infant fatalities linked to its Fisher-Price Rock n’ Play Sleeper. Since the initial recall, seventy (70) more infant deaths have been reported bringing the total number to a devastating 100 infant fatalities.

• In April 2019, Kids2 also recalled all rocking sleepers due to reports of deaths. Since the initial recall, four (4) more infant deaths have been reported bringing the total count to fifteen (15) infant fatalities.

Other recent inclined sleeper CPSC recalls, warnings, and actions are available in our September DCP consumer alert.

In response to this disturbing trend, the CPSC issued a New Federal Infant Sleep Products Safety Standard. This new mandatory standard eliminates potentially hazardous sleep products in the marketplace that currently do not meet CPSC standards for infant sleep, this includes inclined sleepers, travel and compact bassinets and in-bed sleepers. 

Inclined sleepers can cause young children to accidentally suffocate, and the American Academy of Pediatrics recommends that caregivers put babies to sleep on a firm, flat surface.

PARENTS ARE REMINDED OF SAFE SLEEP GUIDANCE FOR BABIES 

Babies spend most of their time sleeping, so making sure that baby’s sleep spaces are safe is critical.  Safe sleep is as easy as A, B, C: Alone, Back, and Crib.

A – Alone. Baby should always sleep Alone. Always keep the baby’s sleep space bare (fitted sheet only) to prevent suffocation. Do not use pillows, padded crib bumpers, quilts, or comforters.

B – Back. Put baby on their Back. Always place the baby to sleep on the baby’s back to reduce the risk of sudden unexpected infant death syndrome (SUID/SIDS) and suffocation.

C – Crib. Put baby in a safe Crib. Provide infants with a firm sleep surface and keep the crib empty. Avoid using sleep positioning devices.

HOW TO CHOOSE SAFE PRODUCTS FOR YOUR BABY:

1. Complete product registration cards. Product registration cards are required for all durable infant and toddler products. When a company has your name and contact information, they are required to contact you to notify you if the product is recalled.
2. Stay updated on the latest product recalls. Check for recalls online at CPSC (www.cpsc.gov) and FDA (www.fda.gov) or follow DCP on social media. If you have a recalled product, the first thing you should do is stop using it.
3. Check for recalls before you buy or use new or used baby items. Stores are not always up to date on the latest the recall information, so don’t assume a product is safe just because it’s for sale at a local retailer. Remember to also check for recalls if you purchase used items online, through social media (Facebook Marketplace, Craigslist, etc.) or at a “mom swap” or garage sale.
4. Don’t sell or donate recalled items. Do not sell or give away recalled items; instead follow the recall guidance. In the instance of inclined infant sleepers be sure to destroy the sleeper so that it can’t be used by anyone else.
5. Regularly schedule a safety check-up on products in your home and check for recalls. Make it a habit to continuously track recalls since hundreds of items are regularly added that have been recalled for safety concerns.
   

The New York State Division of Consumer Protection provides resources and education materials to consumers on product safety, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30 a.m. to 4:30 p.m., excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection.

For more consumer protection tips, follow the Division on social media at Twitter: @NYSConsumer and Facebook: www.facebook.com/nysconsumer

STATE COMPTROLLER DiNAPOLI STATEMENT ON NEW YORK CITY MAYOR'S 2023 STATE OF THE CITY ADDRESS

 

New York State Comptroller Thomas P. DiNapoli released the following statement on New York City Mayor Eric Adams' State of the City address:

“The State of the City address delivered by Mayor Eric Adams put forth his vision for a city that keeps New Yorkers safe and prioritizes the economy, affordable housing and essential services. I commend the mayor's bold plan of action for a city that supports working families. 

“Like the state and the nation, the city faces economic and fiscal uncertainty. However, the city has a steeper climb towards economic recovery, as my reports on city industries have shown. The challenges ahead include remote work, unequal employment opportunity and a lack of affordable housing. Wall Street provided a boost in tax revenue in the first two years of the pandemic, but is seeing profitability and bonuses decline, adding further to the city’s budgetary pressures.

“The city’s economic recovery is still fragile and relies on the city and state working together to address these challenges. The mayor identified efficiencies and savings in his budget. Still, more can be done to incorporate recurring costs, including those to help manage the influx of migrants, a fiscal burden that should be carried by the federal government. The city must continue on its path of fiscal discipline to achieve the mayor's vision for a better and fairer New York."

Attorney General James Seeks Information from Madison Square Garden Regarding Use of Facial Recognition Technology to Deny Entry to Venues

 

MSG’s Use of Facial Recognition Technology to Deny Entry to Adversaries Could Violate Human Rights Law

New York Attorney General Letitia James sent a letter to Madison Square Garden Entertainment Corporation (MSG Entertainment) requesting information from the company and its affiliates regarding its use of facial recognition technology to prohibit legitimate ticketholders from entering their venues. MSG Entertainment owns and operates several large venues in New York, including Madison Square Garden and Radio City Music Hall, and the company has reportedly used facial recognition technology to identify and deny entry to all lawyers who are affiliated with law firms representing clients in pending litigation related to MSG Entertainment. In the letter, Attorney General James raises the concern that preventing individuals from accessing their venues because of ongoing litigation against the company could violate local, state, and federal human rights laws, including laws prohibiting retaliation. The letter also questions whether the facial recognition software used by MSG Entertainment is reliable and what safeguards are in place to avoid bias and discrimination.

“MSG Entertainment cannot fight their legal battles in their own arenas,” said Attorney General James. “Madison Square Garden and Radio City Music Hall are world-renowned venues and should treat all patrons who purchased tickets with fairness and respect. Anyone with a ticket to an event should not be concerned that they may be wrongfully denied entry based on their appearance, and we’re urging MSG Entertainment to reverse this policy.”

MSG Entertainment owns and operates several venues in New York, including Madison Square Garden, Radio City Music Hall, the Hulu Theater, and the Beacon Theatre. In recent weeks, reports have alleged that MSG Entertainment has used its facial recognition software to identify all lawyers from firms representing clients engaged in litigation against the company and forbid them from entering their venues. This policy is estimated to impact all lawyers at more than 90 law firms. In the letter sent today, Attorney General James warns that preventing people from entering their venues may violate New York’s civil and human rights laws and may dissuade lawyers from taking on legitimate cases against the company, including sexual harassment or employment discrimination claims, in order to avoid the alleged ban and continue attending events at MSG Entertainment venues.

Attorney General James is calling on MSG Entertainment to report to her office the steps the company is taking to comply with New York’s civil and human rights laws and ensure that its facial recognition technology will not lead to discrimination.

Statement from Governor Kathy Hochul on Mayor Adams' Second State of the City Address

 

"I commend my friend and partner Mayor Eric Adams for outlining an inspiring and ambitious vision for New York City in his second State of the City address. Our city faces numerous challenges that require bold action and an all-hands-on-deck approach.

"From addressing a generational housing crisis, connecting those experiencing homelessness and severe mental illness to supportive services, to investing in law enforcement and proven crime prevention strategies that keep New Yorkers safe, and making New York City more affordable — I am confident that Mayor Adams' proposals will meet the urgency of this historic moment.

"Since day one, I vowed to usher in a new era of collaboration and leadership with the Mayor, and I look forward to our continued partnership to create a brighter, safer and more prosperous future for New York City."

Former Suffolk County Legislator And Co-Conspirator Convicted Of Defrauding Mortgage Lender Out Of More Than A Quarter Of A Million Dollars

 Damian Williams, the United States Attorney for the Southern District of New York, announced the convictions of GEORGE GULDI, a former Suffolk County legislator and disbarred attorney, and VICTORIA DAVIDSON for defrauding Ditech Financial LLC, a mortgage lender, out of more than a quarter of a million dollars.  The jury convicted GULDI and DAVIDSON of all counts following an approximately two-week trial before U.S. District Judge Alvin K. Hellerstein.

U.S. Attorney Damian Williams said: “George Guldi, while in prison, concocted and conducted a scheme along with his co-conspirator, Victoria Davidson, to brazenly steal more than $250,000 through blatant lies. A jury held them accountable for their scheme, and they will both face justice for their shameless misconduct.”

According to the Complaint, the Superseding Indictment, court filings, evidence presented during the trial, and public information:

In February 2017, Ditech Financial LLC (“Ditech”), a mortgage lender, received a payment of approximately $250,000 from JPMorgan Chase in connection with the settlement of a civil lawsuit between several financial institutions.  Ditech mistakenly treated the funds as a payment from GULDI toward his own mortgage, and it sent a letter to GULDI in March 2017 stating that it would not credit the payment because he owed more than the payment. 

GULDI, who was in state prison at the time for insurance-related offenses and knew that he had not actually sent any money to Ditech, then enlisted his former girlfriend, DAVIDSON, to contact Ditech and try to “break” the funds “loose,” as he put it in a recorded call from prison.  In the ensuing weeks, DAVIDSON called Ditech at least 19 times and, during those calls, told multiple lies in an attempt to obtain the funds — including falsely stating that she was an attorney and an officer of GULDI’s company and that GULDI had purportedly sent the funds to Ditech “accidentally” and wanted them returned. 

In April 2017, after weeks of DAVIDSON’s misrepresentations, Ditech wired the funds to DAVIDSON’s personal bank account.  Within two weeks, DAVIDSON had drained the bulk of the funds out of her account, paying various of her and GULDI’s expenses and purchasing multiple cashier’s checks.  Within months, the money was gone.

GULDI, 69, of Ludlow, Vermont, and DAVIDSON, 57, of Lakeville, Connecticut, were each convicted of one count of conspiracy to commit wire fraud and bank fraud, one count of wire fraud, and one count of bank fraud.  The conspiracy and bank fraud counts carry a maximum sentence of 30 years in prison, and the wire fraud count carries a maximum sentence of 20 years in prison.

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as sentencing of the defendants will be determined by the judge.  GULDI is scheduled to be sentenced on May 30, 2023, and DAVIDSON is scheduled to be sentenced on May 31, 2023.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.