Attorney General James’ Office of Special Investigation Releases Report on Death of Quayshawn Samuel

 

New York Attorney General Letitia James’ Office of Special Investigation (OSI) released its report on the death of Quayshawn Samuel, who died on December 29, 2022 in Queens. Following a thorough investigation, which included review of body-worn camera (BWC) and surveillance video footage, interviews with involved officers, and evidence from the scene, OSI concluded that a prosecutor would not be able to disprove beyond a reasonable doubt at trial that the New York City Police Department (NYPD) officer who shot Mr. Samuel was justified.

On the evening of December 29, three NYPD officers arrived at the lobby of an apartment building on Beach 54th Street in Far Rockaway, Queens to investigate potential criminal activity. When the officers arrived, Mr. Samuel ran out of the rear doors of the building and two officers pursued him on foot after one of them believed Mr. Samuel had a gun. During the pursuit, one of the officers dropped his radio, phone, and BWC, which prompted the other officer to stop and pick up the radio. 

The officer who dropped his equipment continued to chase Mr. Samuel through the courtyard of the apartment complex until they reached Beach 56th Street. After seeing a gun in Mr. Samuel’s hand, the officer directed him to drop the weapon, but Mr. Samuel refused to comply. A physical struggle then ensued on the ground, as Mr. Samuel continued to ignore the officer’s repeated requests. When Mr. Samuel pushed himself off the ground and raised a gun in the officer’s direction, the officer fired his gun in response. Mr. Samuel was taken to a local hospital, where he was later pronounced dead. NYPD 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 person. When the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt. In this case, Mr. Samuel repeatedly refused to drop his gun and had then pointed his gun at the officer. Under these circumstances, based on 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 in this matter.

Governor Hochul Announces Over $14 Million Awarded to Improve Air Quality and Reduce Emissions in Under-Resourced School Districts

 

Three Major Clean Heating and Cooling Projects to Serve Eleven Districts in Disadvantaged Communities through “Clean Green Schools” Initiative

Supports Climate Leadership and Community Protection Act Goal to Reduce Greenhouse Gas Emissions 85 Percent by 2050

Governor Kathy Hochul today announced over $14 million in awards for 11 under-resourced public-school districts to decarbonize their buildings through the Clean Green Schools initiative. The projects will lower greenhouse gas emissions, reduce the school's reliance on fossil fuels and improve the indoor air quality by installing ground source heat pumps, air source heat pumps and electric kitchen equipment. This announcement supports the Climate Leadership and Community Protection Act goals to reduce greenhouse gas emissions 85 percent by 2050 and ensure 35 percent with a goal of 40 percent of clean energy investments directly benefit Disadvantaged Communities.

“Schools can open an entire world of possibilities and opportunities to our children, but for students to get the most out of their education, they must be in a healthy and safe learning environment,” Governor Hochul said. “Clean Green Schools allows our schools in underserved communities to make vital energy efficiency upgrades to their facilities that improve indoor air quality and support the success and well-being of students across the state.”

Administered by the New York State Energy Research and Development Authority (NYSERDA), Clean Green Schools awards will support the installation of ground source heat pump projects, air source heat pump projects and electric kitchen equipment projects in the Enlarged City School District of Middletown in Orange County, Cuba-Rushford Central School District in Allegany County, and multiple districts within the New York City Department of Education. These under-resourced school districts contain at least one school building that is located in a disadvantaged community.

The projects are expected to benefit nearly 5,800 students by reducing greenhouse gas carbon emissions equivalent to eliminating 112,500 gallons of gasoline consumed annually.

Clean Green School Awards:

Cuba-Rushford Central School District, Allegany County – $6.1 Million: The under-resourced school district will be improving the energy performance of building envelopes at multiple facilities while partially replacing the existing fossil fuel space conditioning and domestic hot water systems with ground source heat pumps. The project covers three buildings in the school district and integrates clean energy concepts into the classroom with clean energy lesson plans and post-construction project tours for students and the community.

The Enlarged City School District of Middletown, Orange County – $ 4.03 Million: This under-resourced school district is planning to install ground source and air source heat pumps, in addition to a building management system with demand control ventilation. The project will feature electric HVAC systems with improved components and operation to provide better air quality in the classrooms and throughout the building. The systems will be installed at the Twin Towers Middle School, which will become a learning laboratory for the district, allowing students to tour and observe the ground source heat pump mechanical room to learn about clean energy technologies.

The New York City Department of Education (NYCDOE), New York County, Kings County, Queens County, Bronx County and Richmond County – $4 Million: The NYCDOE is installing clean energy technologies in place of existing fuel oil fired domestic hot water (DHW) and natural gas kitchen equipment as part of NYCDOE’s commitment to full building electrification. This funding will impact nine public schools in New York City, allowing them to transition away from fossil fuels by installing electric air-to-water domestic hot water (DHW) heat pumps and electric kitchen equipment.

With the passage of the Clean Water, Clean Air and Green Jobs Environmental Bond Act (Environmental Bond Act), NYSERDA anticipates launching a second round of the competitive capital funding program by the end of the year which will expand access to funding to support decarbonization construction projects and serve as a model to electrify the school building sector.

On Earth Day 2022, Governor Kathy Hochul announced the launch of the $59 million Clean Green Schools initiative. The Clean Green Schools initiative provides technical, financial, and human resources support to help under-resourced public schools to improve their facilities, bringing energy efficiency, clean energy, sustainability, resiliency, and electrification solutions to the benefit of the most vulnerable New Yorkers. Funding is offered on an open-enrollment basis for services to help schools evaluate, plan for, and facilitate energy reduction projects, clean energy projects and indoor air quality projects in addition to competitive funding, as awarded today, to install capital projects that will help schools improve their environmental sustainability and decarbonize their buildings. To date, 1,300 under-resourced schools across 75 districts in New York State are participating in the program to receive technical assistance to assess indoor air quality, energy reduction, electrification and decarbonization projects. These projects are located across 35 counties in New York State.

All public-school buildings across New York State that are designated as high-needs by the New York State Education Department or located in a disadvantaged community are eligible to participate in the program. Eligible schools are referred to as “under-resourced” schools. As of now, there are approximately 2,500 eligible under-resourced schools in New York State.

In addition to this effort, NYSERDA also provides technical assistance to non-under-resourced schools through the Flexible Technical Assistance Program. The Flexible Technical Assistance Program can help schools identify and evaluate opportunities to reduce energy costs and incorporate clean energy into their capital planning. NYSERDA also prioritizes improved indoor air quality and environmental sustainability through building electrification and energy efficiency improvements to improve health in public and private buildings across the state through a partnership with the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE).

Buildings are one of the most significant sources of greenhouse gas emissions in New York State and through NYSERDA and utility programs, over $6.8 billion is being invested to decarbonize buildings across the State. By improving energy efficiency in buildings and advancing statewide installations of onsite storage, renewables, and electric vehicle charging equipment, the State will reduce its carbon pollution and achieve the State's ambitious target of reducing on-site energy consumption by 185 TBtu by 2025, the equivalent of powering 1.8 million homes.

Funding for this initiative was made possible through the Regional Greenhouse Gas Initiative (RGGI) and the State's 10-year, $5.3 billion Clean Energy Fund, which is authorized by the New York State Public Service Commission. More information about this funding is available on NYSERDA's website.

ALERT: Tomorrow's Trick or Trunk CANCELED Due to Weather

 

Dear Neighbors, 

Unfortunately, tomorrow's weather appears not to be cooperative. As a result, please be advised that tomorrow's Trick or Trunk event at 989 Allerton Ave has been CANCELLED. 

Although the event won't be able to proceed, it doesn't mean we can't still have some Halloween fun. We encourage you to join our office at 1018 Morris Park Ave on October 31st for Safe Treats & Safe Streets event from 3pm - 6pm or stop by our community Office at 2018 Williamsbridge Rd. and show off your costume. 

Thank you in advance for the understanding and please contact us if you have any questions. 

Wishing everyone a wonderful and safe Halloween!

John Zaccaro Jr. 

New York State Assembly

80th Assembly District

 

Attorney General James Announces Election Protection Hotline Ahead of November General Election

 

Voters Experiencing Problems Can Consult Frequently Asked Questions, Call (866) 390-2992, or Request Assistance Online

New York Attorney General Letitia James announced that the Office of the Attorney General (OAG) will make its Election Protection Hotline available for the upcoming November 7, 2023 election and during New York’s early voting period, which runs from Saturday, October 28 through Sunday, November 5. The hotline will be available to troubleshoot and resolve a range of issues encountered by voters, including issues with voting by absentee ballot or in-person at their polling place. A guide addressing frequently asked questions is also currently available to assist voters with the absentee ballot request process and voter registration issues in advance of the election.

“Free and fair elections are integral to the foundation of our democracy,” said Attorney General James. “My office will always defend New Yorkers’ right to vote, and I will ensure every voter is able to cast their ballot free from fear or intimidation. Our election protection hotline is here to help voters address challenges and provide helpful guidance, whether they’re voting absentee, during early voting, or on Election Day.”

New Yorkers are protected from voter intimidation, deception, and obstruction under state and federal law. Attorney General James urges voters experiencing problems voting to call the OAG hotline at (866) 390-2992, or submit a complaint online to request election-related assistance. The telephone hotline will be open between 9:00 AM and 6:00 PM during early voting (Saturday, October 28 through Sunday, November 5), and between 6:00 AM and 9:00 PM on Election Day, Tuesday, November 7. The hotline will also be available on Wednesday, November 8 between 9:00 AM and 6:00 PM to help voters who need assistance following Election Day. Written requests for election-related assistance may be submitted at any time through the online form. Hotline calls and written requests for election-related assistance are processed by OAG attorneys and staff.

The OAG has operated its Election Protection Hotline since November 2012. During previous elections, OAG fielded hundreds — and sometimes thousands — of complaints from voters across the state and worked with local election officials and others to address issues. The OAG has also taken legal action to protect against voter registration purges and to ensure that voters have adequate and equitable access to vote early as required by law.

All registered voters have the right to accessible elections. On Election Day, polls are required to be open from 6:00 AM to 9:00 PM, and if voters are in line before closing, they must be allowed to vote. In addition, all registered voters have the right to vote free from coercion or intimidation, whether by election officials or any other person.

The OAG will receive and respond to election complaints relating to any of the statutes that OAG enforces, including the newly operative New York Voting Rights Act.

The OAG Election Day Hotline is being coordinated by the Voting Rights Section, headed by Section Chief Lindsay McKenzie, with Assistant Attorneys General Bethany Perskie and Edward Fenster. The Voting Rights Section is part of the Civil Rights Bureau, overseen by Bureau Chief Sandra Park and Deputy Bureau Chief Travis England. The Civil Rights Bureau is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux and overseen by First Deputy Attorney General Jennifer Levy.  

Attorney General Merrick B. Garland Statement on the Suspect in the Lewiston, Maine, Mass Shooting

 

The Justice Department issued the following statement from Attorney General Merrick B. Garland on the suspect in the Lewiston, Maine, mass shooting:

“Last night, law enforcement recovered the body of Robert Card, the suspect in the horrific mass shooting in Lewiston on Wednesday evening. I want to thank our state and local law enforcement partners, along with the FBI, ATF, U.S. Marshals, and other federal agencies who have been working day and night to locate the shooter and keep the affected communities safe.

Although we are grateful that the suspect in this case no longer poses a threat, we know that nothing can bring back the lives he stole or undo the terror he inflicted.

The FBI will continue to provide victim support resources to those who have been devastated by this attack, and the entire Justice Department will provide ongoing support to our state and local law enforcement partners.

As I said, no community should have to endure these mass shootings which have become routine in our country.”

Attorney General James Secures $4.5 Million from Title Insurance Company for Harmful Labor Practices

 

First American Financial Corporation Kept No-Poach Agreements with Competitors to Stop Employees from Switching Jobs

AG James has Secured $13.75 Million from Title Insurance Companies for Illegal No-Poach Agreements

New York Attorney General Letitia James announced an agreement to end anti-worker practices by one of the nation's largest title insurance companies, First American Financial Corporation (First American). An investigation by the Office of the Attorney General (OAG) discovered that First American and its competitors entered into illegal no-poach agreements where they would not solicit each other's employees, reducing competition and therefore negatively impacting wages and opportunities for workers. As a result of this agreement, First American will terminate any existing no-poach agreements, pay the state $4.5 million, and cooperate with OAG's ongoing investigations in the industry. This agreement raises the total amount secured by Attorney General James from title insurance companies for illegal no-poach agreements to $13.75 million.

“First American had secret agreements with competitors that harmed workers' career opportunities and unfairly kept wages low,” said Attorney General James. “New York workers should be empowered to grow within their chosen careers, not held back by illegal agreements meant to reduce opportunities for employees. One by one, my office has stopped these harmful and pervasive anti-worker agreements and has held the companies responsible for creating them to account.”

First American issues title insurance policies either directly through its own agency or through independent title insurance agencies. Direct agents and independent agencies are competitors in the labor market and should be able to compete for employees on the basis of salaries, benefits, and career opportunities. First American's no-poach policies with other companies prevented that from happening. The OAG's investigation concluded that First American entered into no-poach agreements with other title insurance companies, and that these agreements effectively reduced career opportunities and wages for workers. This agreement ends First American's no-poach agreements and requires the company to pay $4.5 million to the state and cooperate with OAG's ongoing investigations in the industry.

This agreement continues Attorney General James' work to stop unlawful no-poach agreements that stifle both competition and careers. Attorney General James has now ended the use of no-poach agreements by the five largest commercial underwriters in the United States, including First American, Fidelity, Old Republic, Stewart, Amtrust, and two of the largest title insurance agencies, First Nationwide and Kensington Vanguard. Attorney General James has also recently led a multistate coalition of 21 attorneys general in support of retail workers — submitting an amicus brief in the Second Circuit, urging the Court to overturn the lower court decision in Giordano v. Saks. In March 2019, Attorney General James and a coalition of attorneys general entered into an agreement with four national fast food franchisors — Dunkin', Arby's, Five Guys, and Little Caesars — that ended their use of no-poach agreements.

NYC DEPARTMENT OF CORRECTION OFFICER INDICTED FOR EVIDENCE TAMPERING ON RIKERS ISLAND

 

Defendant Allegedly Planted Makeshift Weapon in Inmate’s Cell and Falsely Reported Recovering It; Crime Captured on Defendant’s Own Body-Worn Camera

Bronx District Attorney Darcel D. Clark and NYC Department of Investigation Commissioner Jocelyn E. Strauber today announced that a NYC Department of Correction Officer has been indicted on evidence tampering, falsifying business records and official misconduct charges for allegedly placing a sharp object in an inmate’s cell and then reporting it as recovered contraband. The incident was captured on the Officer’s own body-worn camera, which he unintentionally activated. 

 District Attorney Clark said, “There have been too many brutal slashings of inmates and staff inside Rikers Island, and for a Correction Officer to allegedly plant a 4-inch, pointed shard of plexiglass in an inmate’s cell and then pretend he found it is unconscionable and absurd.” 

 DOI Commissioner Jocelyn E. Strauber said, “As charged, this Correction Officer failed to act with the honor and integrity that we expect of those entrusted with the safety and security of persons in custody, when he planted a sharpened piece of plexiglass in an inmate’s cell and falsified records relating to that object, following an incident involving the Officer’s use of force against that inmate. I thank the Department of Correction for uncovering this misconduct and promptly referring it to DOI for further investigation, and the Bronx District Attorney’s Office for its partnership in this important prosecution.

Officer Attorney Clark said the defendant, Dionisio Rosario, 33, a seven-year NYC DOC Officer, was arraigned today on Tampering with Physical Evidence, four counts of first-degree Falsifying Business Records, six counts of second-degree Falsifying Business Records and two counts of Official Misconduct before Bronx Supreme Court Justice Joseph McCormack. The defendant is due back in court on December 19, 2023.

According to the investigation, on April 4, 2023, members of the DOC Emergency Services Unit, including Rosario, were conducting a search inside of Robert N. Davoren Center (“RNDC”) 5 Upper North housing area. During the search, the defendant was involved in a use of force with an inmate.

Following the use of force, the defendant is captured on video surveillance, including his own body worn camera, grasping a sharpened object inside of his right hand, and is seen entering the cell of the person with whom he had the use of force and placing the 4.5-inch piece of sharpened plexiglass underneath a piece of paper by the sink area. The defendant is seen searching other areas of the cell before coming back to the sink area, where he removed the sharpened object from where he had previously planted it. The defendant allegedly stated that he recovered it by the sink area but also stated that it was in the inmate’s hand and gave other false information in four DOC reports.

District Attorney Clark thanked the Department of Investigation. The DOI investigation was conducted by Correction Officer Investigator Anthony Palmer of DOI’s Office of the Inspector General for DOC, under the supervision of Assistant Inspector General Alexandra Caruana, Deputy Inspector General Reginald Barometre, Inspector General Whitney Ferguson, Deputy Commissioner of Strategic Initiatives Christopher Ryan and Deputy Commissioner/Chief of Investigations Dominick Zarrella.

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

Governor Hochul Announces $5 Million Available for Qualified New York State Gun Violence Prevention Program Funding to Support Community-Led, Youth-Based Programs

 

Funding to Support Community-Led Youth-Based Programs for Two Years

Governor Kathy Hochul today announced that the New York State Department of Health in collaboration with the New York State Division of Criminal Justice Services will make available $5 million in New York State funding for a qualified organization to support grassroots, community-based organizations that create and maintain local programming for youth in neighborhoods experiencing the highest rates of gun violence. Interested organizations should complete the request for applications here. Deadline to apply for the funding, which is available over a two-year period, is November 8, 2023.

“Too many lives have been lost because of senseless gun violence, but in New York we are working to make sure that ends,” Governor Hochul said. “This funding will help community-based organizations support at-risk youth in their neighborhoods to keep them off the streets and away from guns. My administration is committed to making our state safer and ensuring our youth have bright futures filled with opportunity over violence.”

The Health Department’s Office of Gun Violence Prevention (OGVP), part of the Office of Health Equity and Human Rights (OHEHR) is partnering with the state Division of Criminal Justice Services (DCJS) to distribute $2.5 million annually for two years to an organization serving as a fiscal, contractual and project manager facilitating this investment in community-based organizations.Community Youth Programs will allow youth ranging in age from 12 to 24 to receive various services, including therapeutic support, such as individual and group mental health and behavioral counseling; Additionally, young people will have the opportunity to participate in STEAM - science, technology, engineering, arts and mathematics - and arts activities, as well as recreation and sports.

After the Supreme Court issued its June 23, 2023, decision in Bruen, Governor Hochul convened a special session of the legislature to act on legislation that strengthened New York's pistol permitting process, providing a national model for gun safety, and leading the fight against gun violence. These new laws include requirements for comprehensive background checks, and firearm safety and live-fire training for individuals seeking to obtain concealed carry permits. They also prohibit concealed carry permit holders from bringing their firearms into sensitive locations, including schools, government buildings and hospitals and require renewal or recertification of permits every three years. New York State also launched a gun safety website to provide the public, gun owners, and gun dealers with comprehensive information about the new requirements under state law.

Last year, Governor Hochul also announced $30 million to support New York City’s fight against gun violence, including $6 million for the New York City Gun Violence Prevention Task Force Blueprint for Community Safety. This built on ongoing efforts to reduce gun violence in New York, part of a total $337 million in the FY24 Budget allocated to support a comprehensive, multifaceted plan to target gun violence and violent crime, that included substantial investment in both Gun Involved Violence Elimination (GIVE) programs and SNUG Street Outreach programs, which operate in 14 communities statewide.

The Health Department’s OGVP investment of $5 million will support many of the DCJS Gun Involved Violence Elimination jurisdictions. GIVE is a key component of New York State’s shooting homicide reduction strategy, and provides additional resources in communities with the highest rates of gun violence. These counties historically account for more than 80 percent of the violent crime that occurs in New York State outside of New York City.