Attorney General James’ Office of Special Investigation Releases Report on the Death of Clarence Little

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Clarence Little in Brooklyn. Following a thorough investigation, including review of security camera video, body-worn camera (BWC) footage, interviews with responding officers and civilian witnesses, ballistics testing, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the officer’s use of deadly force against Mr. Little was justified under New York law.

On January 4, 2022, around 4:20 p.m., Mr. Little entered a Dollar Tree store on Rockaway Parkway in Brooklyn. He purchased a few items with cash before leaving the store. About 20 minutes later, Mr. Little returned to the store and made another purchase. Surveillance video shows that when the cashier opened the register, Mr. Little took a gun out of his coat pocket and pointed it at the employees before taking the contents of the register and exiting the store.

A Dollar Tree employee had previously called 911, as they thought they recognized Mr. Little from past incidents at the store. Two officers arrived as Mr. Little was attempting to leave. According to BWC footage, one of the officers grabbed Mr. Little and the two struggled to the ground. Mr. Little fired his gun twice, and the second officer, who remained standing, fired his service weapon in response. Mr. Little was transported to a local hospital and eventually died on February 3, 2022. Officers recovered a gun at the scene.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another. To convict a person of a crime when the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt.

In this case, the investigation showed that Mr. Little had robbed the store and then struggled with and shot at an officer. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the officer who fired was justified, and OSI determined that criminal charges could not be pursued against the officer. 

Assemblymember John Zaccaro - Community Food Distribution

 

Dear Friends, As part of our continued partnership with the Met Council,  our community office is pleased to be hosting a community  food distribution, details as follows: When: Friday, May 26, 2023 Time: 1:00pm (while supplies last) Where: District 80 Community Office 2018 Williamsbridge Rd If you have any questions, please feel free to contact my  community office at (718) 409-0109. Looking forward to seeing everyone then.

Court Enjoins Alabama Seafood Processor from Distributing Adulterated Seafood Products

 

A federal court enjoined an Irvington, Alabama, company and several of its operators from distributing adulterated seafood products in violation of the Food, Drug, and Cosmetic Act (FDCA).

In a civil complaint for permanent injunction filed in the U.S. District Court for the Southern District of Alabama on April 25, the United States alleged that Irvington Seafood, Inc., and its owner, Kevin S. Sakprasit, and company officers Helene Nou and Kammie C. Richardson, violated the FDCA by distributing adulterated ready-to-eat crabmeat products. According to the complaint, the defendants process the products at their Alabama facility and then sell and distribute them to businesses and consumers throughout the country. 

The complaint alleges that between 2006 and 2022, multiple Food and Drug Administration (FDA) inspections of the defendants’ facility revealed that the defendants prepared, packaged, and held crabmeat products under insanitary conditions and failed to comply with required current good manufacturing practices and seafood hazard analysis critical control point (HACCP) regulations. According to the complaint, during inspections of the defendants’ facility FDA inspectors found, among other things: the presence of maggots, flies, and roaches; the presence of the bacteria Listeria monocytogenes on food contact and non-food contact surfaces of equipment; and that employees were failing to properly wash their hands and aprons. Food contaminated with L. mono can cause serious illness and even death in vulnerable groups, such as newborns and people with impaired immune systems. The complaint alleges that the defendants failed to take necessary corrective actions after repeated FDA warnings.

“Food manufacturers and distributors must operate in strict compliance with the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to working hand in hand with the FDA to help ensure the safety of the nation’s food supply.”

The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the FDCA and requires that they destroy all raw ingredients and food products currently in their possession. Before processing or distributing any food in the future, the defendants must notify the FDA in advance, comply with specific remedial measures set forth in the injunction, and permit the FDA to inspect their facilities and procedures.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the resolution announced are only allegations.  There has been no determination of liability.

DEC ANNOUNCES RELEASE OF FIRST SUSTAINABILITY PLAN

 

Plan Sets 25 Ambitious Goals to Help Ensure DEC is Leading by Example

Upcoming Decarbonization Projects at DEC Facilities Statewide Demonstrate Versatility of Heat Pump Technology

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the release of the agency’s first-ever sustainability plan, which includes commitments to decarbonize operations and help ensure DEC reduces its impact on the environment. Covering the period from 2023 to 2028, the plan identifies 25 goals and 70 actions DEC will take, including reducing greenhouse gas emissions, decreasing waste generation, increasing investments in green products and services, conserving water, protecting species and habitat, reducing toxics, engaging employees, and supporting outreach and education. The plan also outlines how DEC will comply with Governor Kathy Hochul’s recently signed Executive Order 22.

“I’m extremely proud that day in and day out, the hardworking employees of DEC lead by example and work to make the agency’s operations more sustainable,” said Commissioner Seggos. “This new plan represents a roadmap for accelerating our progress as we work towards meeting New York’s ambitious climate and environmental goals.”

Highlights of the plan include DEC’s commitment to:

• carbon neutral operations by 2050;
• 100 percent renewable electricity use for operations by 2030;
• 100 percent zero-emission light-duty non-emergency fleet by 2035;
• 100 percent zero-emission medium- and heavy-duty fleet by 2040;
• decrease percentage of employees commuting to worksites alone in a fossil fuel-powered vehicle to under 50 percent by 2028;
• eliminate single-use plastics in operations by 2025;
• decrease waste generation 10 percent by 2028;
• all staff trained on sustainability goals and practices by end of 2023.

The plan represents a transparent way of showing all stakeholders how DEC is leading by example. DEC also encourages other organizations in the public and private sectors to create their own sustainability plans to guide progress in their journey to more sustainable operations.

In addition, DEC announced several new building electrification and decarbonization projects being planned at its facilities across the state, including:

• Cape Vincent Research Station;
• Cleveland Law Enforcement Academy;
• Cortland suboffice;
• Godfrey Point sign shop;
• Green Island maintenance center;
• Mount Loretto maintenance center;
• New Paltz regional office;
• Northville suboffice; and
• Ray Brook regional office.

DEC plans to install heat pumps at these facilities to remove fossil fuel-combusting equipment, upgrade outdated equipment, and enhance occupant and visitor comfort. Electric powered heat pumps provide efficient heating and cooling by taking heat and cold from the environment and moving it indoors to heat the building or outside to cool it. When powered by renewable energy, they provide a zero-emission heating and cooling solution. The wide variety of geographies and types of facilities where DEC is installing heat pumps demonstrate their capability to decarbonize buildings throughout the state.

In addition, DEC is beginning an electric vehicle charging station installation program that will ultimately install 1,400 chargers for DEC’s fleet. These installations will take place at more than 70 locations throughout the state and help ensure DEC is able to meet its commitment to electrify its light-duty fleet by 2035.

New Yorker’s can learn more and read the plan on DEC’s website at https://www.dec.ny.gov/docs/administration_pdf/sustainabilityplan.pdf

Governor Hochul Urges President Biden to Mobilize Federal Government to Provide Shelter for Asylum Seekers Arriving in New York City

 

Governor Requests Support from FEMA, U.S. Department of Defense, and National Park Service

Governor Has Convened Members of Congress, County Executives, and Mayors to Discuss Statewide Response to Expiration of Title 42

Governor's Ongoing Response to Asylum Seeker Arrivals Includes $1 Billion in Aid in FY24 Budget, Mobilization of 1,500 National Guard Members, and Executive Order Increasing Available Resources

Governor Hochul's Letter to President Biden Can be Viewed Here

 Governor Kathy Hochul today issued a letter to President Biden, urging him to direct additional federal resources to the State of New York as it faces unprecedented numbers of asylum seekers set to arrive as Title 42 expires. Building on ongoing conversations with federal, state, and local leaders, earlier today, Governor Hochul convened meetings with New York's bipartisan Congressional delegation, the New York Association of Counties, and the New York Conference of Mayors to provide updates on the State's efforts to support asylum seekers and further aid needed to address this situation.

"New Yorkers are working together to welcome asylum seekers and provide the necessary shelter and resources for these individuals who are simply coming to our state looking for a better life," Governor Hochul said."For months, I have been urging our federal leaders to provide needed flexibility and additional support for New York as we handle unprecedented numbers of asylum seekers arriving in our state. I will continue working hand-in-hand with leaders from all levels of government to coordinate our statewide response and secure the resources we need to support these new arrivals."

Today's actions are Governor Hochul's latest efforts to address the arrival of asylum seekers in New York. Earlier this week, Governor Hochul issued an Executive Order that is providing the State with greater flexibility to procure the resources necessary for municipalities to support asylum seekers and allowing the State to increase the National Guard mobilization to 1,500 service members. Governor Hochul also worked with the Legislature to include a $1 billion funding commitment in the FY24 State Budget for New York City, including $741 million for shelter costs, $162 million to support the ongoing National Guard presence, $137 million for health care to support certain eligible asylum seekers, $26 million in public assistance, $25 million for the voluntary relocation of families to permanent housing and an additional $5 million for enhanced support through the Office of Temporary and Disability Assistance, and $10 million for legal assistance through the Office of New Americans.

Governor Hochul has consistently pushed for additional federal support, specifically regarding funding and shortened waiting periods before asylum seekers can legally work, in conversations with President Biden, DHS Secretary Mayorkas, Chief of Staff Zients, former Chief of Staff Klain and other federal officials. The full text of Governor Hochul's letter to the President is below:

Dear President Biden:

In anticipation of several thousand asylum seekers arriving in New York City every week, I am submitting this request for the Federal Emergency Management Agency (FEMA) to direct the Department of Defense (DOD) and the National Park Service (NPS) to provide New York State assistance through the immediate construction and operation of temporary shelters on federal lands and property to house individuals seeking political asylum. The use of a portion of Floyd Bennett Field within the Gateway National Recreation Area and other spaces on military installations, including naval resources, in and across the Northeast is necessary to utilize all available space to maintain critical and essential public services, specifically sheltering and housing.

As you are aware, in August 2021, the Director of the United States Center for Disease Control (CDC) issued a Public Health Reassessment and Order Suspending the Right to Introduce Certain Person from Countries Where a Quarantinable Communicable Disease Exists, also known as Title 42. This order prohibited migration into the United States by "covered noncitizens" traveling from Canada or Mexico (regardless of their country of origin) who would otherwise be introduced into a congregate setting in a port of entry or U.S. Border Patrol station at or near the U.S. land and adjacent coastal borders.

New York City (NYC) has exceeded capacity in its shelter system which includes providing temporary housing and support for over 36,700 migrants at 120 locations. NYC has opened dozens of Humanitarian Emergency Response and Relief Centers and short-term respite centers, which have occupied more than 40 percent of mid-level hotel stock in NYC.

Given the size of the of the humanitarian crisis, the State lacks the infrastructure, facilities, and resources necessary to meet the immediate demand to house and meet other basic needs of the large numbers of migrant arrivals. Federal support through FEMA, DOD and NPS assistance in constructing and operating temporary housing on military installations and at Floyd Bennett Field is necessary to maintain critical and essential public services, specifically sheltering and housing.

In furtherance of this request, I certify the following: I have determined that this incident is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local government and that supplementary federal assistance is necessary; in response to this incident, I have taken appropriate action under State law and have directed the execution of the State Emergency Plan in accordance with the Stafford Act; and the State and local governments will reimburse FEMA for the non-Federal share of the cost of such work.

In accordance with 44 C.F.R. § 206.34, the State agrees that it will, with respect to this assistance: provide without cost to the United States all lands, easements, and rights-of-ways necessary to accomplish the approved work; hold and save the United States free from damages due to the requested work, and shall indemnify the Federal Government against any claims arising from such work; and assist the performing Federal agency in all support and local jurisdictional matters.

With Title 42 officially rescinded, and the anticipated weeks-long construction process it would take to construct temporary shelters, I ask for this request to be granted immediately.

Thank you for your consideration.

Governor Hochul's letter to President Biden can be viewed here.

United States Files Complaint Against Telecommunications Service Provider for Assisting and Facilitating Illegal Robocalls

 

 The Department of Justice, together with the Federal Trade Commission (FTC), announced a civil enforcement action against XCast Labs, Inc. for allegedly violating the Telemarketing Sales Rule (TSR) by assisting and facilitating illegal telemarketing campaigns.

According to a complaint filed in the U.S. District Court for the Central District of California, XCast Labs, Inc., provided voice over internet protocol (VoIP) services that transmitted billions of illegal robocalls to American consumers, including scam calls that fraudulently claimed to be from government agencies. These robocalls delivered prerecorded marketing messages, and many of them were delivered to numbers listed on the National Do Not Call Registry, failed to truthfully identify the seller of the services being marketed, falsely claimed affiliations with government entities, contained other false or misleading statements to induce purchases, or were transmitted with “spoofed” caller ID information. The complaint alleges that XCast Labs continued to allow its services to transmit these calls even after being alerted to their illegality.

The complaint seeks monetary civil penalties and a permanent injunction to prohibit the defendant from future violations.

“The Department of Justice is committed to stopping telecommunications providers from enabling unscrupulous telemarketers to bombard American consumers with illegal robocalls,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to work with the FTC to enforce the Telemarketing Sales Rule.”

“XCast Labs played a key role in helping telemarketers flood homes with unlawful robocalls, including robocalls impersonating the Social Security Administration,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “VoIP providers like XCast Labs that bury their heads in the sand when their customers use their services to break the law can expect to hear from the FTC.”     

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

The case is being handled by attorneys in the Civil Division’s Consumer Protection Branch, including Trial Attorney Zachary A. Dietert, in conjunction with staff at the FTC’s Division of Marketing Practices. 

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.

Council Member Marjorie Velázquez - The Future of Boston Road

 

Good Afternoon Neighbors, 

 

This week, the New York City Council voted in favor of the 2560 Boston Road project rezoning. As New York City continues to navigate the growing housing crisis, we must identify opportunities that meet the needs of our communities, especially in the Bronx. 

 

One of the top concerns regarding housing surrounds the affordability of units and their compatibility with the average median income (AMI). The project at Boston Road is no different, and I’m happy to share that the applicant team is committed to pursuing a 100% affordable HPD (Department of Housing Preservation and Development) term sheet. This means incomes are capped at 90% of AMI, with most units targeting incomes below the max threshold. By utilizing HPD’s Mix and Match program, families with incomes of all ranges can reside in this new complex. 

 

To be clear - most units are below 90% of AMI, including 20% for households earning between $37-53K (which is 40% AMI), 25% for households earning between $47-67K, and 40% for households earning between $82-120K. That means that the average public school teacher in New York City, who earns $66,193 (salaries range between $55,275 to $80,721) and healthcare workers earn an average of $69,307 (salaries range between $51,193 to $76,902), and other occupations reflective of our community, would be able to afford these new units.

 

There is no evidence to show that a 100% affordable housing development will impact market rents in this neighborhood. In fact, an increase in available units would more likely lessen the demand and limit the rate of increased rents in the surrounding area. 50% of the units will be set aside for residents living within Bronx Community District 11, and recent census data show that the proposed income ranges in this building will be affordable to those within our community. 

 

The growing need for housing in our community is a daily struggle for many, and I know the full board and the public are not against affordable housing. As a community, we must ensure our neighbors have access to safe, affordable housing that meets their unique needs. I look forward to working with the community as this project unfolds, bringing much-needed housing and commercial and community spaces to benefit everyone. 

 

Thank you all for your contributions to this process and I look forward to seeing you around the district. 

 

Council Member Marjorie Velázquez

MAYOR ADAMS ANNOUNCES LAUNCH OF ASYLUM SEEKER ARRIVAL CENTER, NINTH HUMANITARIAN EMERGENCY RESPONSE AND RELIEF CENTER TO CONTINUE TO RESPOND TO ASYLUM SEEKER INFLUX

New York City Mayor Eric Adams announced the launch of the city’s first asylum seeker arrival center and the placement of what will be the city’s ninth Humanitarian Emergency Response and Relief Center as hundreds of asylum seekers continue to arrive in New York City each day. The Roosevelt Hotel in Midtown Manhattan, which has been closed for nearly three years, will host the arrival center and deliver on a key commitment in Mayor Adams’ “Blueprint to Address New York City’s Response to the Asylum Seeker Crisis” — serving as a centralized intake center for all arriving asylum seekers and providing migrants with access to a range of legal, medical, and reconnection services, as well as placement, if needed, in a shelter or humanitarian relief center. Asylum seekers currently in the city’s care will also be able to visit the arrival center to access the host of services currently available to them. Beginning later this week, The Roosevelt Hotel will open up 175 rooms for children and families, until it is scaled to approximately 850 rooms. An additional 100 to 150 rooms will be held for asylum seekers in transition to other locations. With the number of asylum seekers arriving in New York City expected to rapidly accelerate as Title 42 has now lifted, Mayor Adams also renewed calls to the state and federal government for additional support as the city faces this crisis.

 

“With the opening of yet another humanitarian relief center, we continue to ask for our federal and state partners for a real decompression strategy and hope to open and operate temporary shelters across the state and nation, as New York City has reached its capacity,” said Mayor Adams. “New York City has now cared for more than 65,000 asylum seekers — already opening up over 140 emergency shelters and eight large-scale humanitarian relief centers in addition to this one to manage this national crisis. While this new arrival center and humanitarian relief center will create hundreds of good-paying, union jobs and provide the infrastructure to help asylum seekers reach their final destination, without federal or state assistance, we will be unable to continue treating new arrivals and those already here with the dignity and care that they deserve.”

 

“With the expiration of Title 42, we know that we may face an even larger number of individuals and families seeking asylum in New York City or passing through to their final destination,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “While we are responding to the immediate need, this is a time to, once again, call upon the state and federal government to do more to support the city’s efforts and share the burden of this humanitarian crisis.”

 

“New York City’s new arrival center consolidates social, medical, financial, and legal services under one roof to greet asylum seekers with the resources they need to complete their long journeys,” said Ted Long, MD, MHS, senior vice president, Ambulatory Care and Population Health, NYC Health + Hospitals. “The streamlining of these services will help asylum seekers more readily navigate their needs so that they can take their next steps. Our ninth Humanitarian Emergency Response and Relief Center builds upon the success of our work at other centers supporting families with children, offering medical care, nutrition, mental health support, language access, connection to schools, technology, and reunification services. I am proud to be a part of the Adams administration that has met the demands of an unprecedented crisis with an unprecedented response.”

 

“This agreement is a win-win-win. It allows an iconic hotel to reopen its doors, hundreds of union workers to return to their good-paying jobs, and thousands of asylum seekers to have a safe place to stay,” said Rich Maroko, president, New York Hotel & Gaming Trades Council. “We are proud to have negotiated an extraordinary settlement with The Roosevelt Hotel that not only restores union jobs but also provides tens of millions of dollars in compensation for workers that were without jobs since the start of the pandemic. We thank Mayor Adams for his leadership and commitment to protecting the interests of workers while continuing to address the needs of migrant families.”

 

Asylum seekers arriving in New York City will be directed to the arrival center. In the coming weeks, services offered at the arrival center will include New York City Department of Education school enrollment, Fair Fares enrollment, IDNYC, health insurance enrollment, mental health counseling, reticketing, and various services offered by community-based organizations.

 

Since this humanitarian crisis began, New York City has — largely on its own — taken fast and urgent action, managing the arrival of a rapidly increasing number of buses across New York City with virtually no coordination from states sending them — opening 140 sites as emergency shelters and eight currently operating large-scale humanitarian relief centers already to shelter the 65,000+ asylum seekers who have arrived in New York City, standing up a navigation center to connect asylum seekers with critical resources, enrolling thousands of children in public schools through Project Open Arms, and more.