Tuesday, March 16, 2021

Bronx Gang Member Pleads Guilty To 2018 Shooting In The Nelson Playground

 

Marvin Gamoneda Participated in a June 2018 Shooting in Which a 13-Year-Old Child Was Struck By Gunfire

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that MARVIN GAMONEDA, a/k/a “June,” pled guilty today in Manhattan federal court in connection with a shooting in the Nelson Playground on June 7, 2018, in furtherance of the Woodycrime criminal enterprise.  U.S. District Judge John G. Koeltl accepted the defendant’s guilty plea.

U.S. Attorney Audrey Strauss said:  “Today, Marvin Gamoneda admitted his responsibility for a brazen shooting in the middle of the afternoon in a playground in the Bronx.  During the shooting, two individuals, including a child, were hit.  We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate acts of gang violence.”

As alleged in the Indictment and statements made in open court:

Woodycrime was a criminal enterprise involved in committing numerous acts of violence, including attempted murders and assaults, as well as drug dealing in the Bronx.  Members and associates of Woodycrime engaged in violence to retaliate against rival gangs, to preserve and expand the gang’s territory, and to protect the gang’s narcotics business.  Members and associates of Woodycrime enriched themselves by selling drugs, such as crack cocaine, marijuana, oxycodone, and MDMA or “ecstasy.”  On June 7, 2018, GAMONEDA and others shot at a rival gang member in the vicinity of the Nelson Playground in the Bronx, during which two victims, including a 13-year-old child, were injured.  

GAMONEDA, 34, of the Bronx, New York, pled guilty to attempted murder and assault with a dangerous weapon in aid of racketeering, which carries a maximum sentence of 20 years in prison, and using and carrying a firearm in furtherance of a crime of violence, which carries a maximum sentence of life and a mandatory minimum sentence of five years in prison.  GAMONEDA will be sentenced before Judge Koeltl on July 30, 2021, at 10:00 a.m.

The statutory maximum penalties are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendant would be determined by Judge Koeltl.

Ms. Strauss praised the outstanding investigative work of the NYPD and the FBI.

Attorney General James Disappointed in Purdue Pharma Plan

 

New York Attorney General Letitia James today released the following statement, expressing disappointment in the plan Purdue Pharma filed in U.S. Bankruptcy Court:

“I am disappointed in this plan. While it contains improvements over the proposal that Purdue announced and we rejected in September 2019, it falls short of the accountability that families and survivors deserve.

“States investigated Purdue and the Sacklers and filed the lawsuits that took down their criminal enterprise. During the bankruptcy, states worked together, across party lines, to force Purdue to turn over millions of pages of evidence and to question the Sacklers under oath. We also joined with every state and thousands of cities and towns to ensure that every dollar states recover is dedicated to addressing the opioid crisis. 

“Now, the Sacklers and Purdue need to own up to their decades of misconduct and their role in creating this crisis. 

“Right now, millions of people across the country are desperately suffering from opioid addiction. They need help and they need it now. We are committed to working with all parties in the bankruptcy to improve this plan and serve our constituents. Our focus remains delivering critically needed assistance to the people of our states.”

Governor Cuomo Announces Statewide Crackdown on Impaired Driving This St. Patrick's Day

 

Enforcement Campaign to Run Through March 21 

More than 77,000 Vehicle and Traffic Law Violation Tickets Issued During Last Year's 

Enforcement Campaign Including 1,944 Arrests for DWI

 Governor Andrew M. Cuomo today announced that state and local law enforcement agencies across New York will be stepping up patrols to crack down on impaired driving for St. Patrick's Day. The enforcement campaign will run through Sunday, March 21. This special traffic enforcement detail is designed to reduce alcohol and drug-related traffic crashes. It is sponsored by STOP-DWI with funding from the Governor's Traffic Safety Committee.

"As New Yorkers celebrate St. Patrick's Day, I urge them to do so safely and responsibly," Governor Cuomo said. "There is zero tolerance for impaired driving in New York. It is grossly reckless on the part of the driver, and it puts all those on the road in danger. Impaired drivers will be caught and held accountable, so plan for a safe ride home." 

During the 2020 St. Patrick's Day campaign, which occurred March 13 through March 18, law enforcement throughout the state issued 77,444 tickets for vehicle and traffic law violations, including 1,944 arrests for DWI. Full breakdown here:

Violation                              Number of tickets

Impaired Driving                       1,944

Distracted Driving                     2,913

Move Over Law                           584

Other Violations                      51,993

Seatbelt                                    2,090

Speeding                                17,920

Grand Total                             77,444

New York DMV Commissioner and GTSC Chair Mark J.F. Schroeder said, "As you celebrate St. Patrick's Day, don't count on the luck of the Irish to get you home safely. The consequences of impaired driving can be both costly and deadly, so have a plan in place beforehand. I also thank all of New York's law enforcement for their participation in this important crackdown to keep our roads safe." These STOP-DWI enforcement campaigns occur throughout the year. During the recent Super Bowl campaign, which was held from February 5 through February 8, 2021, law enforcement agencies throughout the state issued 26,127 tickets for vehicle and traffic law violations and made 846 arrests for DWI.  

Combined with enforcement campaigns, the Governor's Traffic Safety Committee, or GTSC, coordinates various traffic safety activities throughout the year, and supports ongoing initiatives to improve pedestrian, motorcycle and bicycle safety.

The GTSC also sponsors critical training for law enforcement, provides resources for teen drivers and their parents, and promotes seatbelt use statewide.

New Yorkers struggling with an addiction, or whose loved ones are struggling, can find help and hope by calling the state's toll-free, 24-hour, 7-day-a-week HOPEline at 1-877-8-HOPENY (1-877-846-7369) or by texting HOPENY (Short Code 467369).  

Available addiction treatment including crisis/detox, inpatient, community residence, or outpatient care can be found using the NYS OASAS Treatment Availability Dashboard at FindAddictionTreatment.ny.gov or through the NYS OASAS website

ADVOCATES APPLAUD NEW EFFORT TO SUPPORT SURVIVORS OF GENDER-BASED VIOLENCE

 

City pledges more resources and support for survivors of family and gender-based violence

 Advocates and stakeholders today praised Mayor de Blasio's new effort to support survivors of gender-based violence as part of the City's larger New York City Police Reform and Reinvention Collaborative draft plan.  

"Home should be a safe place for everyone in our city, and we will not accept any other reality,” said Mayor Bill de Blasio. “We want any New Yorker experiencing violence at home to know that help is always available. New York City is here for survivors and we will continue to do all we can to ensure they are safe and supported.”

 

“Domestic violence survivors in New York City should have easy access to safety and support,” said First Lady Chirlane McCray. "When survivors take the courageous step to seek help, we want them to know that wherever they turn, they will be welcomed and provided with the support they need to heal and begin their lives anew. The City's pledge to expand and improve resources for survivors will help to break patterns of abuse and create safer communities."

 

Through new investments and resources, the City will expand and strengthen its support for survivors outside of the criminal justice system The Mayor's Office to End Domestic and Gender Based Violence (ENDGBV) will conduct a citywide review to identify services that currently require a survivor file a police report to receive them and understand the impact of that requirement. The review will identify changes that can be made at the city and state levels to support survivors and preserve their safety while reducing the harm associated with criminalization.

 

Additionally, with a focus on expanding family violence prevention and intervention services, new community-based resources in neighborhoods with the highest rates of family violence will enhance access to critical services including counseling, mediation, benefits assistance, and case management.  This effort will aim to reduce violence, promote housing stability, and reduce law enforcement involvement for victims.

 

To enhance engagement with survivors and families, the NYPD, in partnership with ENDGBV, will also mandate training for officers to help them better support survivors and communities affected by domestic and gender-based violence.  This partnership will improve the referral process between NYPD and domestic and gender-based violence service providers, as well as create a referral pathway to ENDGBV’s soon-to-launch Respect and Responsibility, a voluntary community-based program for people who are using abuse in their intimate relationships.

 

“As New York City moves to reform policing and its role in the community, it is critical to consider domestic and gender-based violence survivors, particularly survivors from marginalized communities, including Black survivors, survivors of color, LGBTQI+ survivors and survivors with disabilities,” said Commissioner Cecile Noel, Mayor’s Office to End Domestic and Gender-Based Violence (ENDGBV). “And while we work to reform policing practices and structures within the NYPD to better support survivors, such as new training initiatives, we must also simultaneously develop additional options for those survivors who do not want or may never want to engage with the criminal justice system by deepening our investments in community-based resources.”

 

“As a trauma-informed social service organization, the Arab-American Family Support Center (AAFSC) is proud to partner with the Mayor’s Office to promote safety and healing for survivors of domestic and gender-based violence,” said Rawaa Nancy Albilal, President and CEO of the Arab-American Family Support Center, and Co-Chair of the Mayor’s Office to End Domestic and Gender-Based Violence Advisory Council. “AAFSC is committed to enhancing equitable access to the resources, opportunities, and support systems that survivors often lack and to fostering harm reduction as an affirmative vision of justice. We look forward to deepening our partnership with the city as we collectively create responsive approaches that meet the needs of those experiencing systemic inequities.” 

 

“Every person in this city deserves safety, stability, and a life free from violence,” said Christopher Bromson, Executive Director of the Crime Victims Treatment Center and Co-Chair of the Mayor’s Office to End Domestic and Gender-Based Violence Advisory Council. The vast majority of survivors don’t seek remedies through the criminal justice system, and should have access to support and resources that exist outside of it. We’re pleased the City is taking steps to expand the ways people who have been harmed can access support.”


EDITOR'S NOTE:


It is nice of Mayor de Blasio to do this, but why is it happening as he has one foot out the door in his last year of eight years in office as mayor.


291 Days and Counting

 


It is a good thing that Governor Cuomo can't keep his emotions to himself and a Pandemic hit, because I would have no excuse for my poor performance as your mayor. It will now be on the next mayor to do what I should have done.


Monday, March 15, 2021

Governor Cuomo Announces Wedding Receptions and Catered Events Can Now Resume Statewide

 

All Venues Hosting Events Subject to Strict Health and Safety Protocols

 Governor Andrew M. Cuomo today announced that wedding receptions and catered events can now resume statewide. All venues hosting weddings and catered events must follow the State's strict health and safety protocols, including the following requirements:

  • Venues are restricted to 50% capacity, with no more than 150 attendees per event
  • All attendees must have proof of recent negative test result or proof of immunization prior to the event
  • Sign-in with contact information required to assist with potential contact tracing
  • Venues must notify local health departments of large events, above the social gathering limit, in advance
  • Masks will be required at all times except when seated and eating or drinking
  • Ceremonial and socially-distanced dancing allowed in designated areas

Detailed guidance for in-person and catered events is available here.

"New Yorkers have remained resilient throughout this entire pandemic, and the numbers show how effective our behavior has been in stopping the spread of this virus," Governor Cuomo said. "As the state's positivity and hospitalization numbers continue to decline and we ramp up vaccinations, the light at the end of the tunnel is getting closer and we can focus on safely reopening different sectors of our economy without compromising the progress we've made. Weddings and catered events will now be allowed to resume across the state, with strict protocols in place to protect the health and safety of New Yorkers. This is great news - but we must continue with the practices that we know work to defeat this virus once and for all."

The reopening of wedding receptions and other catered events builds on the Governor's recent measures to further re-open the economy amid a steady decline in New York's COVID-19 positivity and hospitalization rates. Effective March 19th, New York City indoor dining will expand to 50 percent capacity and the rest of New York State will increase to 75 percent capacity for indoor dining. On February 15th, the Governor announced the MTA will partially restore overnight service on the New York City Subway. On February 14th, the Governor issued an Executive Order extending closing times to 11 p.m. statewide for restaurants, bars, gyms and fitness centers, casinos, billiards halls and any other location with an SLA license. The Governor also announced beginning April 2, event, arts and entertainment venues can reopen at 33 percent capacity, up to 100 people indoors and up to 200 people outdoors."

Three Defendants Charged In Cocaine Importation And Distribution Network In New York

 

Law Enforcement Arrested Three Defendants and Seized Approximately 120 Kilograms of Cocaine, $1.3 Million In Cash, and a Firearm

 Audrey Strauss, the United States Attorney for the Southern District of New York, and Raymond P. Donovan, Special Agent in Charge of the New York Division of the U.S. Drug Enforcement Administration (“DEA”), announced that ADRIANO RODRIGUEZ-DIAZ, IRONELLYS PAULINO-NOLASCO, and ROBERT NUNEZ were charged in a criminal complaint filed in Manhattan federal court with narcotics importation, narcotics trafficking, and firearms offenses.  RODRIGUEZ-DIAZ and PAULINO-NOLASCO were apprehended on March 12, 2021 and will be presented this afternoon before United States Magistrate Judge Sarah L. Cave.  NUNEZ remains at large. 

Manhattan U.S. Attorney Audrey Strauss said:  “This  investigation has yielded the seizure of over 120 kilograms of cocaine and over $1 million in suspected proceeds from illegal narcotics trafficking, disrupting the operation of this alleged drug trafficking organization. Thanks to our partners at the DEA, this massive shipment of potentially deadly narcotics has been kept off the streets.”

DEA Special Agent in Charge Raymond P. Donovan said:  “A stakeout turned into a three-day enforcement operation taking six million dollars’ worth of cocaine sales away from alleged drug traffickers while saving lives. Over one hundred kilograms of cocaine is significant in many ways since CDC warned of a 26.5% increase in overdose deaths involving cocaine in a 12- month period ending May 2020. Law enforcement will continue to rally our resources to seize illegal drugs responsible for record-breaking overdose rates.” 

As alleged in the Complaint[1]:

Since in or about late 2020, the DEA has been investigating the importation and distribution of narcotics through a produce warehouse in New Jersey called “Sweet Produce” (the “Warehouse”).  Cocaine was shipped from a company in the Dominican Republic to the Warehouse.  Between March 9, 2021 and March 12, 2021, DEA agents observed members of the conspiracy receive and move shipments from the Warehouse to other locations, including an apartment in the Bronx.

On March 10, 2021, agents seized approximately one kilogram of cocaine from a car driven by NUNEZ.  On March 11, 2021, agents seized approximately 20 kilograms of cocaine and $1.3 million in United States currency from the apartment in the Bronx.  On March 12, 2021, agents seized approximately 100 kilograms of cocaine from a produce van as it left the Warehouse, and also seized a firearm from the Warehouse.  The Produce Van was en route to a safe house in New Jersey that contained approximately one kilogram of cocaine, a cocaine press, and packaging materials.    

ADRIANO RODRIGUEZ-DIAZ, 41, IRONELLYS PAULINO-NOLASCO, 37, and ROBERT NUNEZ, 50, are charged with conspiring to import at least five kilograms of cocaine into the United States, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison, and conspiring to distribute and possess with intent to distribute at least five kilograms of cocaine, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison.  RODRIGUEZ-DIAZ is also charged with possession of a firearm during and in relation to the narcotics importation and trafficking conspiracies, which carries a mandatory consecutive sentence of five years in prison.

The maximum potential sentences described above are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the assigned judge.

Ms. Strauss praised the outstanding investigative work of the New York Division the DEA.  Ms. Strauss also thanked the El Dorado Task Force of the United States Department of Homeland Security, Homeland Security Investigations, the New York City Police Department and the Organized Crime Drug Enforcement Task Force New York Strike Force, Financial Investigation Team comprising agents and officers of the DEA, NYPD, Bergen County Prosecutors Office, Fort Lee Police Department, Teaneck Police Department, Hillsdale Police Department, Northvale Police Department, Palisades Interstate Parkway Police, and Closter Police Department for its assistance in the investigation.  

The case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Danielle M. Kudla and Alexander Li are in charge of the prosecution.

[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaint.

Consumer Alert: The Division of Consumer Protection Informs New Yorkers of the Hidden Costs in Grocery Delivery Apps

 

Grocery Delivery More Popular Than Ever Before as a Result of Pandemic

Consumers Should Be Aware of Fees When Opting for Grocery Delivery

Basic Tips Can Help Save Consumers Money

 The New York State Division of Consumer Protection (DCP) is alerting consumers about the hidden costs in grocery delivery apps and providing tips to help save money when opting for delivery services. During the COVID-19 pandemic, consumers more than doubled their use of food delivery services.  Unfortunately, most consumers do not see the additional fees on grocery deliveries until checkout or when they directly compare prices in-store. Stores frequently charge more for items they offer for delivery and replace items for something more expensive when an item is out-of-stock.

“Grocery store delivery has been a critical service many New Yorkers have relied on for staying safe during the COVID-19 pandemic,” said New York State Secretary of State Rossana Rosado. “To avoid being surprised at checkout with additional fees, consumers should check their delivery orders carefully when they receive them and follow basic tips to save money.”

“As a result of the expansion of retailers across New York State that accept Supplemental Nutrition payments for online food purchases, an increasing number of SNAP recipients are ordering groceries for delivery or pickup, “ said Mike Hein, commissioner of the state Office of Temporary and Disability Assistance, which oversees SNAP. “While SNAP benefits cannot be used to pay for delivery fees or gratuity, all shoppers should be aware of these charges in advance before they place an online order.”

Grocery delivery apps incorporate their fees in a few different ways:

  • Shopping List. Charges for food can vary across apps for the same item, at the same store. Grocery store apps tend to get most of their fees by charging more for different items.
  • Delivery Fees. These depend mainly on your total bill. Generally, the more you buy, the less the cost; however, this is not always the case, particularly if there are promotions. Many stores are charging standard delivery fees for orders over a certain amount and then a premium when less is purchased.
  • Fuel Surcharge or Service Fee. Some apps, depending on your location and total delivery, may charge a fuel surcharge or service fee in addition to the delivery fee.
  • Pickup Times. To save money on delivery fees, curbside pickup is offered at some stores. Pickup times closer to your order time may charge a premium.
  • A gratuity is typical for restaurant food delivery, and most grocery store delivery apps offer it as well. The requirements for tipping and the amount that goes to the driver can vary.

The Division of Consumer Protection recommends the following tips to save money when using grocery delivery apps:

  1. Make a list. Food is one of the top national impulse purchases across all age groups and can contribute to 20% or more of a grocery bill. If you shop on the app with a list, the bill will likely be lower because you are not walking through the aisles.
  2. Choose store pickup, next day. Curbside pickup allows consumers to save money on delivery fees, but some stores charge a premium to pick up your items close to your order time. Place your order a day before you need it, to keep fees down.
  3. Shop around. If you are ordering food from one grocery store, see what the same order would cost you on another app or grocery store in the same area. Searching on “grocery delivery near me” is a good way to find out what stores and apps will deliver to your location.
  4. Search for more. Availability may vary, depending on the app, so consumers may have to look for those items elsewhere online. Consumers should be aware that shopping on multiple apps results in separate fees and delivery charges.
  5. Confirm the gratuity policy. Often the grocery delivery people work as independent contractors and are not paid an hourly wage; instead receiving a per delivery stipend. Thus, the gratuity added is an important part of their income. Some delivery companies keep a portion of the gratuity charge rather than passing it on to the drivers in full. Check the app’s policy to understand what portion makes it to the driver – you may want to choose to cash tip the driver directly.
  6. Become a member. Some grocery delivery apps are charging a fee and giving members additional promotions. Depending on the fee and the amount of actual deliveries a member utilizes, it may be beneficial for a frequent user to become a member. It is important to read all the terms and conditions for membership before signing up to ensure membership does not end up costing more over time. For more tips on membership programs, click here.
  7. Look at reviews. If you have never ordered from a grocery store before, check out reviews to see what to expect. Also check out the delivery services reviews in your area since delivery services are based on individual drivers and can vary greatly in different locations.
  8. Check your order upon receipt. Stores may substitute items for more expensive alternatives. To save money, consumers should understand the store’s return policy and return the items to the store, if less expensive options are available.
  9. Separate services, separate complaints. If there is a problem with your groceries, the delivery person is not necessarily connected with the grocery store. When you have an issue with your groceries, try contacting the grocery store first.

To learn more smart shopping tips, consumers are encouraged to sign up for a free webinar hosted by the Division of Consumer Protection entitled, Savvy Shopping Tips for Smart Consumers, which is taking place on March 25 at 6pm. Register to participate here.

Consumers who encounter problems with grocery delivery services are encouraged to file a complaint with the Division of Consumer Protection.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.