Beruflich Dokumente
Kultur Dokumente
RICHARD A. BROWN
DIsTRIcT ATrORNEY
Dear Reader: It is my pleasure to present you with the Fall 2013 issue ofthe Queens District Attorneys Offices community newsletter, which provides a briefoverview ofthe important work performed by our office this year, as well as highlighting many ofthe offices community outreach programs, training conferences, special projects, events and initiatives. We hope that through this newsletter and those that follow in the coming months, we will help keep the community informed about both the operation of our office and the operation of the criminal justice system in Queens County. Sincerely,
FRONTLINES
C O M M U N I T Y E D I T I O N
FALL 2013
QUEENS COUNTY SCORES HIGH IN NYCS CRIMINAL JUSTICE SYSTEM PERFORMANCE REPORT
Queens Has Highest Conviction Rates For Violent Felony Arrests; Lowest Re-Arrest Rate In the City; And Continues To Have Best Arrest To Arraignment Time In The City
The New York City Summer 2013 Criminal Justice Indicator Report released by Mayor Michael R. Bloomberg and New York City Criminal Justice Coordinator John Feinblatt offered strong statistical evidence that Queens County continues to be a leader in many of the critical key areas that were the focus of the report. In reviewing the report, District Attorney Brown said, Without a doubt, the Report offers substantial statistical proof that Queens County is and continues to be a citywide leader in many categories, including consistently maintaining the best arrest to arraignment time in the City and the highest violent felony conviction rate. The bottom line is that we together with our law enforcement colleagues are providing a safer environment in which to live for the 2.3 million residents of Queens County, as well as for those working in or just visiting our great county. The Citys Summer 2013 Criminal Justice Indicator Report was designed to promote public awareness and the use of data-informed decision-making. Statistics in the report were based on data from the judiciary, the Citys five elected District Attorneys and the Office of the New York City Special State Narcotics Prosecutor and other New York City criminal justice agencies. Among the Indicator Reports key findings were: Queens Countys conviction rate for violent felony arrests in 2012 was the highest among the City prosecutors 60 percent. The citywide average was 52 percent. Queens County continues to have the best arrest-to-arraignment time in the City for the first six months of 2013. The citywide average arrest-to-arraignment time is 21.71 hours, while Queens County arraigns defendants in 20.27 hours. Queens County maintains the lowest re-arrest rate in the City with just 26 percent of people being re-arrested for a crime within the year and 10 percent being (continued on page 3)
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New York City Criminal Justice Indicator Report (continued from page 1)
re-arrested for a felony within the year. Citywide, 33 percent of people arraigned in 2009 (the last year for which there is available data) were re-arrested for another crime within a year and 13 percent were re-arrested for a felony crime within a year. In Queens County, 86 percent of all Supreme Court defendants arrested for possession of an illegal gun are sentenced to incarceration and 77 percent are sentenced to prison. Citywide, 80 percent of defendants are sentenced to incarceration and 54 percent are sentenced to prison. Queens County, together with New York County, lead the city in the percentage of Operation Spotlight defendants who were sentenced to jail between April 2012 and September 2012 62 percent. Operation Spotlight was created in October 2003 to target the most persistent misdemeanor offenders. Queens County has the second lowest rate of high risk felony defendants being released at arraignment 26 percent and is well below the citywide average of 33 percent. High risk defendants are those defendants who are classified as not being recommended for release because of their high risk for flight by the New York City Criminal Justice Agency, a private, nonprofit corporation providing pre-trial release services in New York Citys Criminal Courts Similarly, 54 percent of felony defendants were detained at arraignment in Queens County in 2012 compared to 53 percent citywide. The failure-to-appear rate for released defendants in Queens County in 2011 (the last year for which there is available data) was 9 percent, the lowest in the city. The success in driving down the rate at which defendants fail to appear in court can be attributed, in part, by the fact that in 2012, Queens County brought 46.1 percent of New York Citys felony bail jumping indictments and 87.1 percent of the citys misdemeanor bail jumping complaints The next Indicator Report will be released in December 2013.
SIMON WATTS
According to trial testimony, Watts was the third- and fourth-grade teacher for the five students whom he sexually abused sometimes on multiple occasions between September 1, 2007, and March 9, 2010, often by making them touch him in a sexual manner. For instance, on March 9, 2010, Watts was sitting at his desk in the classroom reviewing a 9-year-olds schoolwork when he took her hand and placed it on his penis over his clothing. The child told her mother that night what had happened and the police were called and Watts was immediately suspended from school. A month after Watts was removed from the school and after his arrest, three more female students came forward and disclosed that Watts had either touched them in a sexual matter or made them touch him. Shortly thereafter, the male victim came forward. On at least one occasion, according to the testimony, Watts told a student, Dont tell anybody.
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Darius McCollum, 48, who has been making headlines for stealing various modes of public transportation since he was fifteen and jokingly refers to himself as an independent transportation consultant, was given a free ride upstate when he was sentenced in August to an indeterminate term of 2 to 5 years in prison as a predicate felon in connection with the 2010 theft of a Trailways bus from a depot in Hoboken, New Jersey, which he then drove to Queens. McCollum was behind the wheel of the bus at the time of his arrest. McCollum, who had entered a plea of guilty to third-degree criminal possession of stolen property, was adjudicated as a predicate felony offender based on a 2006 third-degree attempted grand larceny conviction in connection with his attempt to steal a Long Island Rail Road train in 2005. He had been sentenced to 1 to 3 years in that case.
DARIUS McCOLLUM
In the present case, McCollum was spotted driving a 2003 Trailways passenger bus in the vicinity of 146th Street and Hillside Avenue, in Jamaica, Queens, at approximately 9:00 a.m. on August 31, 2010. Upon further investigation, police officers from the 103rd precinct station house stopped the bus in the vicinity of Hoover Avenue and the Van Wyck Expressway and saw McCollum seated in the drivers seat of the bus with the keys in the ignition and the engine running. The bus had been stolen from a bus depot in Hoboken, New Jersey, where it was undergoing maintenance, between 7:00 a.m. and 8:30 a.m. earlier in the morning.
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HOME AIDE INDICTED FOR THEFT FROM ELDERLY PATIENT A home health aide has been indicted for stealing approximately $55,000 from her patient, a 98-year-old Forest Hills woman suffering from dementia and Alzheimers disease, by systematically withdrawing hundreds of dollars -- usually in $200 and $800 increments -- from the victims bank account on an almost daily basis using an automated teller machine. MOTHER CHARGED WITH ASSAULTING INFANT DAUGHTER A St. Albans woman has been charged with first-degree assault, reckless assault of a child and endangering the welfare of a child for allegedly shaking her threemonth-old daughter on two different occasions and causing her to sustain injuries consistent with abusive head trauma and Shaken Baby Syndrome. ELDERLY BLIND MAN ROBBED TWICE BY SAME BURGLAR A 46-year-old construction worker from Brooklyn has been charged with burglarizing and robbing the same 73-year-old, blind Long Island City man twice within two weeks. ARREST IN SERIES OF QUEENS CHURCH BREAK-INS A Brooklyn man has been arraigned on charges of breaking into four Queens churches and attempting to break into a fifth during a one-week period in July. All of the churches were located in Springfield Gardens or Jamaica. QUEENS MAN CHARGED IN CHILD PORN CASE A Hollis man has been charged with possessing and promoting child pornography videos of children under the age of twelve depicted in a sexual manner or performing sexual acts.
UP FRONT
NEWS BRIEFS
TWO CITY WORKERS CHARGED WITH CHOKING DOMESTIC PARTNERS A South Ozone Park sanitation worker and a Far Rockaway firefighter have been charged with choking their domestic partners in separate incidents. QUEENS MAN ACCUSED OF BEING ARSONIST A Woodside man has been charged with starting a series of early-morning fires within a three-block area of his home that caused extensive damage to several occupied homes, a local business and a vehicle. LAWYER APPOINTED LEGAL GUARDIAN CHARGED WITH THEFT FROM REAL ESTATE SALE A Cambria Heights attorney who was appointed by the court to oversee the affairs of an elderly Queens woman who later died has been charged with stealing more than $50,000 from the proceeds of a real estate transaction. between August 2008 and March 2013.
PIZZA FRANCHISE OWNER CHARGED WITH $217,000 SALES TAX THEFT A Flushing resident has been charged with a $217,000 state sales tax theft in connection with his operation of six Queens Papa Johns pizzeria franchises. The franchises allegedly under reported sales between March 1, 2005 and November 30, 2010, by approximately $4 million. BAG HANDLERS CHARGED WITH STEALING FROM EL AL PASSENGER LUGGAGE Seven men who worked as contract baggage handlers for El Al Airlines have been charged with stealing thousands of dollars worth of items from arriving and departing flights at John F. Kennedy Airport. The Israeli airline installed a video camera in a planes baggage hold in response to numerous customer complaints of theft and allegedly caught the defendants rifling through bags and in some cases actually removing items while they were supposed to be loading or unloading the luggage. FLUSHING FAMILY CHARGED WITH ILLEGALLY TURNING HOUSE INTO 15-ROOM HOTEL A Flushing man, his wife and their son have been charged with second-degree reckless endangerment for allegedly turning their two-family house into a 15-room hotel that catered to Asian tourists. Their next door neighbor, meanwhile, has been charged with illegally possessing untaxed cigarettes, which he was allegedly selling out of his house. QUEENS MAN INDICTED ON SEX TRAFFICKING CHARGES A 24-year-old Queens Village resident has been indicted on sex trafficking and other charges for allegedly using intimidation and threats to force a 17-year-old girl to work for him as a prostitute.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
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NEW YORK STATE COURT OF APPEALS JUDGE CIPARICK (Ret.) HONORED WITH QUEENS DISTRICT ATTORNEYS ANNUAL HISPANIC HERITAGE AWARD
District Attorney Brown honored the Hon. Carmen Beauchamp Ciparick, retired Senior Associate Judge of the New York State Court of Appeals, during National Hispanic Heritage Month by presenting her with his offices 2013 Hispanic Heritage Award for her distinguished judicial and legal career that has spanned more than four decades. In presenting Judge Ciparick with the award, District Attorney Brown said, Born the daughter of immigrants who left behind all that was familiar and comfortable to begin an unknown future in a new place, Judge Ciparick obviously shared her parents pioneering spirit by choosing to pursue a career in the law when few women were entering the field. In fact, when Judge Ciparick started law school, there were only eight women in her entire law school class and only three in the night division. Fortunately for all of us, she remained undeterred and went on to have a long and illustrious legal career that benefitted not only those who sought justice from our judicial system but helped pave new paths for Latinos and women alike. The District Attorney continued, Queens Countys greatest strength is in the diversity of its residents who represent scores of countries, making it the most heterogeneous county in the nation. Perhaps nowhere is that diversity more reflected than in our large and ever-growing Latino population a population that enriches every aspect of life in our county and adds to the cultural beauty, vibrancy and vitality of our city. Judge Ciparicks parents were childhood sweethearts who, when they married, in 1929, moved to New York City where they were among the earliest settlers from Puerto Rico in Washington Heights. Her father was a civil servant in the United States Army Corps of Engineers and her mother was a housewife. Judge Ciparick was born in the Washington Heights section of Manhattan where she attended St. Elizabeth, a parochial grammar school, and Mother Cabrini and George Washington high schools. From there she attended the City University of New Yorks Hunter College, where she majored in History and Political Science and developed a strong interest in the law. While working full time during the day, teaching social studies and physical education at Junior High School 136 in Central Harlem, she attended St. Johns University School of Law in Brooklyn at night, graduating in 1967. Judge Ciparick served as a staff attorney with the Legal Aid Society from 1967 to 1969 when she joined the New York State Court System as an Assistant Counsel to the Judicial Conference, the precursor to the present-day Office of Court Administration. Thereafter, she was appointed Chief Law Assistant for the Criminal Court of the City of New York and for the Supreme Court, Criminal Branch,
NATIONAL HISPANIC HERITAGE MONTH. District Attorney Brown (far right) presents the Hon. Carmen Beauchamp Ciparick, retired Senior Associate Judge of the New York State Court of Appeals (2nd from left), with his offices 8th Annual National Hispanic Heritage Award in honor of her distinguished legal career. Joining them are the Hon. Joseph A. Zayas, Administrative Judge for the Criminal Term of the Supreme Court in Queens County and last years recipient of the award, and the Hon. Randall T. Eng, Presiding Justice of the New York State Appellate Division, Second Department.
New York County. In addition to her role as Chief Law Assistant, she later served simultaneously as Counsel to the Administrative Judge for the New York City Courts In 1978, she was appointed as a Judge of the Criminal Court of the City of New York making her the first Puerto Rican woman to serve on the bench in New York State history. Four years after her appointment to Criminal Court, Judge Ciparick was elected to the New York State Supreme Court. On December 1, 1993, Governor Mario M. Cuomo, filling a vacancy created by the age-based mandatory retirement of Associate Judge Stewart F. Hancock, Jr., made history by nominating Judge Ciparick to the New York State Court of Appeals, making her the first Hispanic and only the second woman to serve on the States highest court. In January 2013 Judge Ciparick joined the international law firm of Greenberg Traurig, LLP, as counsel in the firms New York litigation and appellate practices. She also remains active in public service and serves on the Chief Judges Task Force to Expand Access to Civil Legal Services, the New York State/ Federal Judicial Council and the Institute on Professionalism and the Law. She was recently appointed by the Chief Judge to co-chair the New York Justice Task Force that examines the causes of wrongful convictions.
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DISTRICT ATTORNEY BROWN JOINS ELECTED AND EDUCATION OFFICIALS AT DEDICATION OF NEW SCHOOL CAMPUS NAMED AFTER CONGRESSWOMAN GERALDINE A. FERRAO
On Tuesday, October 22, 2013, District Attorney Brown joined Assemblywoman Catherine Nolan, School Chancellor Dennis M. Walcott and other elected and education officials in dedicating the campus of a new school building after Geraldine A. Ferraro, the first female vice presidential candidate and three-term Congresswoman of the Ninth District. The Geraldine A. Ferraro Campus will house the former P.S. 290, which is now called the A.C.E. Academy for Scholars. In remarks prepared for the occasion, District Attorney Brown said, Gerry Ferraro was a longtime friend and neighbor of ours who dedicated her life to public service and was a pioneer in so many ways both here in Queens and on the national stage. While she is perhaps known best for her service as a member of Congress and her ground-breaking candidacy for the Vice-Presidency of the United States, Gerry began her career here in Queens as a public school teacher and then as an assistant district attorney in our office where she headed our Special Victims Bureau which, among other things, handled child abuse, domestic violence, sexual assaults and crimes against the elderly. Smart, strong, determined and compassionate, Gerry led a remarkable life that can teach young children that their futures hold great promise. What a fitting tribute it is to name a Queens public school after Gerry!
The five-story school, currently under construction, will have 616 seats, serving pre-kindergarten to fifth grade. The new building will include two playgrounds, a gymnasium that also will serve as an auditorium, a second gymnasium, library, kitchen and cafeteria, 23 classrooms and 7 special education District 75 classrooms with a separate therapy room. The building also will include a science room, and a science lab with prep rooms. Geraldine Ferraro Geraldine Ferraro, the first woman to run for vice president on a major party ticket, began her trailblazing public service career upon graduation from college and becoming a New York City schoolteacher, teaching second grade at P.S. 85 in Astoria, part of the district she would later represent in Congress. While teaching, Ferraro earned a law degree from Fordham Law School and, in 1974, she became an assistant district attorney in Queens County. During her years in the office, she was responsible for the creation of two specialized units: the Special Victims Bureau and the Confidential Unit. In 1978 Ferraro ran for Congress and served three terms in the House of Representatives before being tapped for the Vice Presidential run. When Democratic presidential nominee Walter F. Mondale was asked why he chose Geraldine Ferraro as his running mate, he replied, She was the right choice. Shes smart. She knows the issues. She believes in social justice.
GERALDINE FERRARO SCHOOL CAMPUS DEDICATION. (front row, l-r) Congresswomen Grace Meng and Nydia Velazquez, Assemblywoman Margaret Markey, John Zaccaro (husband of Geraldine Ferraro), Assemblywoman Catherine Nolan, District Attorney Richard A. Brown, Deputy Chancellor Kathleen Grinn, SCA CEO Lorraine Grillo and Congressman Joe Crowley.
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FORMER NYC CORRECTION OFFICER SENTENCED TO 25 TO LIFE IN PRISON FOR MURDER OF MOTHER OF HIS CHILD
Shot His Girlfriend 8 Times in The Head And Once In The Chest
New York City Correction Officer Christopher Clavell should have already been in prison for gunning down his former girlfriend -- who was the mother of his then-twoyear-old son -- in 2000 but he managed to escape justice for thirteen years. However, thanks to the hard work of the NYPDs Queens Homicide Squad and the QDAs Homicide Investigations Bureau and their refusal to let the case grow cold, justice was finally achieved for the victim and her family, who listened as Queens Supreme Court Justice Joseph Zayas sentenced Clavell to 25 years to life in prison. Barbara Perezs bullet-ridden body had been found on the floor inside the now-defunct The Power Factory, a gym in Ridgewood, on the morning of August 11, 2000. The 32-year-old Perez, who was an assistant manager at the gym, had been shot nine times -- once in the chest and eight times in the head. Suspicion immediately fell on Clavell, Perezs former boyfriend who worked as a Correction Officer on Rikers Island at the time. Detectives questioned him immediately after the shooting but no charges were filed at the time. In the years that followed, however, the investigation into Perezs murder continued and, at trial, it was revealed that Clavell had repeatedly harassed and confronted Perez about child support payments following a legal proceeding in Queens Family Court and that Perez had told family members Clavell claimed he would sooner kill her than give her any money, Clavell was ultimately convicted at trial of second-degree murder and sentenced to 25 years to life in prison.
According to trial testimony, the female victim was inside the laundromat at approximately 4:30 a.m. on March 31, 2013, when she left and began walking home while her clothes were inside the washer. As she exited the store and turned the corner, she was grabbed from behind, choked and her glasses were knocked off her head. As Kassebaum grabbed her buttocks, the victim screamed and Kassebaum fled the location. The victim identified her attacker as a male wearing a navy blue short-sleeve shirt and jeans. A review of video surveillance from inside the laundromat and elsewhere showed, according to trial testimony, Kassebaum inside the laundromat wearing a navy blue short-sleeve shirt and jeans and then standing in the parking lot outside the laundromat as the victim left. Kassebaum was then observed walking behind the victim and followed her onto Woodhaven Boulevard. Video footage taken shortly after the attack showed Kassebaum running back onto 86th Avenue and reentering the laundromat.
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TWO ASTORIA LANDLORDS CHARGED WITH DEFRAUDING 31 PROSPECTIVE TENANTS OUT OF $60,000 IN DEPOSITS AND RENTS
With New York City suffering through a tight housing market, some greedy landlords have taken advantage of the situation to unjustly enrich themselves tens of thousands of dollars by requesting substantial rent pre-payments from prospective tenants for either what turn out to be uninhabitable apartments or the landlords keep delaying the move-in dates and not returning the deposits. For the victims, the loss is doubly troubling in that they have lost their money and still have no place in which to live. For example, in one Astoria case, prospective tenants allegedly learned of the rental of a basement apartment or room at the landlords residence through a posting on craigslist. It is alleged that between March 2013 and August 2013 the landlord took security deposits ranging from $500 to $2,000 from the tenants and, in two instances, also collected the first months rent. As the tenants move-in dates approached, the landlord allegedly postponed the moves by making up various excuses, such as the apartment was not ready or that the electricity was not working. When the tenants grew tired of the excuses and asked for their money back, the landlord allegedly either promised to return the money or said that he had used the money for repairs before he eventually stopped taking or returning their calls. In a second Astoria case, the landlord was accused of flagrantly ignoring a Buildings Department order to vacate the premises. Instead, it is alleged, he took large amounts of money from at least ten individuals for illegal apartments that were uninhabitable fire traps. According to the indictment handed up in the case, in December 2012, the New York City Department of Buildings issued a vacate order to the landlord after determining that the two-family building had been converted into a five-family building with no permit or certificate of occupancy issued for the conversion, that the first and second floor had no secondary means of egress, and that the building had no sprinkler system. Upon returning to the premises on February 19, 2013, the Buildings Department investigator discovered that the property had been converted into a nine-family dwelling despite the existing vacate order and that there were multiple individuals allegedly living at the premises in violation of the vacate order. According to the indictment, between December 17, 2012, and April 11, 2013, the landlord is accused of taking approximately $44,050 from ten individuals as rent for apartments, despite an order by the Buildings Department that the premises be vacated because of illegal and unsafe conditions.
SUSPECTED DRUNK DRIVER CHARGED WITH FLEEING QUEENS ACCIDENT SCENE AND TAKING POLICE ON CROSS-COUNTY HIGH-SPEED CHASE THAT ENDED IN CAR CRASH THAT INJURED EIGHT INDIVIDUALS
A Staten Island resident has been charged with driving under the influence of alcohol and other charges for allegedly leaving the scene of an early morning Queens fender bender and taking police on a high-speed chase during which he ran nearly a dozen red lights, traveled the wrong way down a one-way street and reached speeds in excess of eighty miles per hour before crashing into a BMW in Brooklyn and injuring eight individuals the five BMW occupants, the two pursuing police officers and himself. The defendant suffered a broken hip and remains hospitalized.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
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Yushumpree Davis was convicted of second-degree criminal possession of a weapon following a jury trial before Queens Supreme Court Justice Ronald Hollie. Just before 3:00 a.m. on August 21, 2010, Davis was observed entering a nightclub on Atlantic Avenue in South Richmond Hill with a .380 caliber handgun in his waistband during a security check. The security officer removed the handgun and called the police but prior to their arrival, Davis left the club. When police arrived, they found David hiding underneath a parked car in the vicinity of the club. The gun had one round in the chamber and eleven rounds in the magazine. Davis was sentenced to three and one-half years in prison.
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Sherman Baker was convicted of second-degree criminal possession of a weapon following a jury trial before Acting Queens Supreme Court Justice James Griffin. In the hour after midnight on January 14, 2012, in Far Rockaway, police recovered a loaded Smith & Wesson .38 caliber Lady Smith revolver from Bakers rear pants pocket. Baker was sentenced to ten years in prison. Takim Newson was convicted of first-degree robbery following a jury trial before Acting Queens Supreme Court Justice John Latella. At approximately 3:54 on October 29, 2011, police pulled Newson over in Elmhurst for speeding, driving erratically and running a red light. In the backseat was a Coach bag, camera and cellphone -- proceeds of a robbery that Newson had committed earlier. Police also recovered from the vehicles center console a loaded black .22 caliber gun whose serial numbers had been scratched out to prevent identification. Newson was sentenced to seventeen years in prison. Darren Staton was convicted of second-degree robbery following a jury trial before Acting Queens Supreme Court Justice John Latella. On the afternoon of December 23, 2010, Staton followed a 66-year-old woman into a Jamaica, Queens, apartment building on 130th Avenue and into the elevator. When she arrived at her floor, he assaulted her and stole her pocketbook. Staton was sentenced to 282 months to life in prison.
Ronald Carter was convicted of third-degree criminal sale of a controlled substance following a jury trial before Queens Supreme Court Justice Richard L. Butcher. In April 2012, Carter sold a quantity of cocaine to an undercover operative for sixty dollars. The sale occurred in Jackson Heights within one thousand feet of a public school. Carter was sentenced to three years in prison.
James Carter (no relationship to Ronald Carter above) was convicted of second-degree criminal sale of a controlled substance following a jury trial before Queens Supreme Court Justice Charles LoPresto. On September 4, 2012, in Far Rockaway, police observed an individual hand a sum of money to Carter in exchange for a prescription bottle containing one hundred fifty oxycodone pills. At the time of his arrest, police also recovered five forged one hundred dollar bills. Carter was sentenced to ten years in prison.
Alberto Rios was convicted of fourth-degree grand larceny following a jury trial before Queens Supreme Court Justice Stephen Knopf. Just before last call at a Sunnyside bar on January 11, 2011, video surveillance observed Rios twice reaching into a purse that had been left on a bar stool and removing an object each time. It was later discovered that he had removed a blackberry cell phone and a debit card, which he then used less than an hour later to purchase cigarettes and beer. Rios was sentenced to two to four years in prison. Michael Ramnath was convicted of third-degree robbery following a bench trial before Acting Queens Supreme Court Justice Joel Blumenfeld. Just before midnight on July 3, 2011, Ramnath approached three teenagers in St. Albans and became physically abusive before stealing an iPhone and cash from one of the victims, a Nintendo DS game system with a game cartridge and battery pack from another victim, and a wristwatch from a third victim.
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LIVERY DRIVER AND ACCOMPLICE SENTENCED TO PRISON IN ROBBERY AND MURDER OF OZONE PARK BAR PATRON
It should have been just another fare for livery cab driver Deevan Jagnarine. A patron at The Rush, a lounge in Ozone Park, was intoxicated and needed a ride home. Instead, Jagmarine decided to rob the patron. But he needed help. So after Matadin Ramnarain, 58, who was heavily intoxicated, got into Jagmarines taxi outside The Rush at about 10:30 p.m. on August 16, 2010, Jagnarine then picked up Alex Gobardhan and drove to the vicinity of 89-12 Arion Road in Ozone Park. Once there, the two men punched the victim in the face and robbed him of his cell phone, wallet and a gold bracelet before dumping his body, which was later found by a passerby who called 911. The victim was removed to Jamaica Hospital by emergency medical responders where he was pronounced dead at 11:33 p.m. According to the medical examiners office the cause of death was determined to be cardiac arrhythmia due to cardiovascular disease following blunt trauma to the head. Gobardhan, 22, was convicted on July 24, 2013, of second-degree murder, second-degree robbery and three counts of fifth-degree criminal possession of stolen property following a week-long jury trial before Queens Supreme Court Justice John B. Latella. He was sentenced the following month to seventeen years to life in prison. Jagnarine, 24, who testified against Gobardhan at trial, pleaded guilty to first- and second-degree robbery on July 22, 2013, and was sentenced the following month to eleven years in prison, also by Justice Latella.
FUGITIVE SENTENCED TO 10 YEARS IN PRISON FOR MANSLAUGHTER STEMMING FROM 2005 HIT-AND-RUN THAT KILLED 15-YEAR-OLD BOY
Defendant Extradited From Spain
photo by Ellis Kaplan
Bartolo Paula, who spent more than seven years on the run, first in the Caribbean and then in Europe, was sentenced to ten years in prison on his first-degree manslaughter guilty plea in connection with the 2005 hit-and-run death of a teenage special-education student boy in Ozone Park. In addition to the 10-year prison term, Paula was also sentenced to five years of post-release supervision
BARTOLO PAULA
According to the charges, Paula had just dropped off his teenage son at John Adams High School on the morning of October 26, 2005, and was at a red light when Jeffrey Javier, 15, entered the crosswalk. When the light changed to green Paula struck Javier, who was still in the crosswalk, and kept going. A witness followed Paula for several blocks, took down his license plate number and turned it over to police, who later interviewed the suspect. After agreeing to surrender to police the next day, Paula instead fled to the Dominican Republic and ultimately to Spain, from where he was extradited in December 2012. Javier, who suffered a fractured skull and other injuries, died a few days later at Jamaica Hospital after his parents made the painful decision to take him off life support.
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TWO POLICE OFFICERS CHARGED WITH SELLING NYPD ACCIDENT REPORTS IN PATIENT REFERRALS SCHEME
A New York City police officer assigned to the 115th Precinct in Jackson Heights, and another officer assigned to the 110th Precinct in Elmhurst, were separately charged with accepting cash payments ranging from $40 to $1,500 for copies of official NYPD accident reports. District Attorney Brown said that the NYPDs Internal Affairs Bureau commenced an investigation, together with the District Attorneys Integrity Bureau, into allegations that NYPD employees were engaged in selling accident reports and the information contained therein to runners individuals who find accident victims and bring them to particular medical clinics and physicians as part of a scheme to maximize cases involving insurance providers. As NYPD police officers, the defendants were not authorized to sell or accept personal payment of monies for NYPD documents or the information contained within. According to the criminal charges, between March 11, 2013, and August 19, 2013, the Jackson Heights officer provided either copies of official NYPD accident reports or the information contained within of the names and addresses of thirteen accident victims to a runner in return for a total of $6,200 that he either received in cash or was directly deposited into a bank account controlled by him. In a second complaint, between May 20, 2013, and August 8, 2013, the alleged runner sent texts to the Elmhurst officer requesting copies of NYPD accident reports containing the names of specific accident victims. It is alleged that the officer would obtain the requested reports, meet the runner at various locations in Queens County in order to turn over the reports and received between $40 and $800 for providing the reports. In total, it is alleged that the officer provided copies of official NYPD accident reports containing the names and addresses of seven accident victims to a runner in exchange for a total of $1,500 in cash payments It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.
QUEENS MAN SENTENCED TO 25 YEARS TO LIFE IN PRISON IN SHOOTING DEATH AT POMONOK HOUSES OVER UNPAID DEBT
Malcolm Thompson, a 20-year-old South Flushing youth convicted of second-degree murder and other charges in connection with the October 2010 shooting death of a 27-year-old man in a courtyard within the Pomonok Houses after the victim asked Thompson to pay back approximately $200 that Thompson had borrowed from him months earlier, was sentenced to 25 years to life in state prison by Queens Supreme Court Justice Gregory L. Lasak for his crimes. According to trial testimony during the four-week jury trial, Laseam Hogan, 27, was in the vicinity of the Pomonok Houses at approximately noon on October 15, 2010, when he asked the then-18-year-old Thompson to pay back approximately $200 that Thompson had borrowed from him months earlier to which Thompson responded: Ill dead you, you aint getting (expletive). Hogan stated that he was prepared to fight, but Thompson kept his hands in his pockets, silently refusing. At that point Hogan was about to walk away when Thompson pulled out a gun and shot Hogan in the leg and torso. When Hogan fell to the ground, Thompson stood over him and shot him three additional times in the torso, neck and head, killing him.
MALCOLM THOMPSON
Following two days of deliberation, the jury convicted Thompson of one count of second-degree murder and two counts of seconddegree criminal possession of a weapon.
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QUEENS MAN SENTENCED TO 25 YEARS IN PRISON IN DEATH OF WITNESS WHO TESTIFIED AGAINST HIM IN EARLIER ROBBERY CASE
Co-Defendant Who Drove Defendant To Crime Scene Receives Sentence of 2 To 6 Years In Prison
A Far Rockaway man was sentenced to 25 years in prison after pleading guilty to first-degree manslaughter in the shooting death of a witness who had testified against him in an earlier robbery case. His girlfriend, who drove him to and from the crime scene and pleaded guilty to first-degree hindering prosecution, was sentenced to two to six years in prison. The District Attorney said, The sentences imposed serve as an example of our commitment to protect the integrity of the criminal justice system. Both defendants will serve significant time behind bars for the role that each played in the senseless death of a young man.
Shytique Kelly, 22, of Arverne, and Jazmin Guillebeaux, 21, of Rosedale, both in Queens, appeared before Queens Supreme Court Justice Richard L. Buchter who sentenced Kelly to a determinate sentence of 25 years in prison and Guillebeaux to an indeterminate term of two to six years in prison. In pleading guilty, Kelly admitted that he approached Tysheen Coakley, 21, and two other individuals at approximately 5:28 p.m. on May 27, 2012, at the intersection of 110th Avenue and 160th Street and fired in the direction of the three individuals, hitting Coakley in the chest and causing his demise. Guillebeaux admitted that she assisted in the killing by driving Kelly to and from the crime scene.
Shytique Kelly (above, left) was sentenced to 25 years in prison for the killing of a witness who testified against him in an earlier case, and Jazmin Guillebeaux, whose head is bowed, was sentenced to two to six years in prison for driving the getaway car in the murder case.
FOREST HILLS MAN CHARGED WITH HATE CRIME IN ATTEMPTED MURDER OF MAN AT QUEENS MOSQUE Defendant Allegedly Stabbed Victim Repeatedly and Uttered Anti-Muslim Slurs
A Forest Hills man has been charged with attempted murder as a hate crime in an alleged bias-related attack at a Flushing mosque last November in which the victim who was unlocking the mosque for morning prayers was repeatedly stabbed and subjected to anti-Muslim slurs. According to the charges, the victim, Bashir Ahmad, 57, was unlocking the front door of the Masjid Al-Saaliheen Mosque, located at 72-55 Kissena Boulevard, at approximately 4:50 a.m. on November 18, 2012, when he was stabbed in the back and turned around to see the defendant immediately standing behind him. It is alleged that Ahmad placed his arms up to protect himself when the defendant continued to stab him about the body, causing bleeding, lacerations, bruising and swelling to his hands, head, legs and back, and threatened him by stating, Ill kill you Muslim (expletive redacted).
Ahmad was taken to a local Queens hospital and received several stitches and staples for his injuries. It should be noted that a complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.
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REPUTED GANG MEMBER CHARGED WITH ASSAULT IN STRAY BULLET SHOOTING OF 10-YEAR-OLD FAR ROCKAWAY GIRL
A 21-year-old Far Rockaway resident reputed to be a member of the so-called Rowdy Gang was charged with firing a gun into the front courtyard of the privately owned Dix McBride Apartments in Far Rockaway in August and wounding ten-year-old Brianna Palmer.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
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COLOMBIAN NATIONAL CAUGHT ILLEGALLY RE-ENTERING USA IS CONVICTED OF 2007 MURDER AT JACKSON HEIGHTS BAR Extradited Co-Defendant Already Serving 18 Year Prison Term
It was just after 4:00 a.m. on February 4, 2007, when Carlos Sanchez and Francisco Uribe, two Colombian nationals, pulled up in a silver BMW to the Blue Lounge bar at 83-17 Roosevelt Avenue in Jackson Heights. For a few minutes the two men stood outside the bar watching people exit before they entered the premises. Already inside were their soon-to-be victims: Robinson Lopez and his friend, Diokis Rosario. While inside, Sanchez and Uribe had a fight with a barmaid that caused them to be ejected from the bar. Outside, Sanchez went and sat in the BMW while Uribe waited on the sidewalk for Lopez to exit. Although Uribe initially missed Lopez coming out of the bar, Sanchez alerted Uribe that Lopez was already outside and the two men began shadowing Lopez on foot until Sanchez went back to the car and slowly drove down the street, trailing the two men until Uribe attacked Lopez.
El Tucanazo now occupies the site where the Blue Lounge was formerly located
Rosario and his fianc, Catherine Ruiz-Debanegas, who had been walking in front of Lopez, heard a commotion and turned. Seeing Uribe attacking Lopez with a knife, Rosario went to the aid of his friend. In response, Uribe slashed Rosario in the face, cutting him next to his left eye, as Sanchez stopped the car and ran to join Uribe on the sidewalk. Sanchez then stabbed Rosario once in the torso before he and Uribe fled in the BMW. Rosario and Lopez were transported to Elmhurst General Hospital and underwent emergency surgery. Lopez died and Rosario received 39 stitches to close his wounds. An autopsy conducted by the Office of the Chief Medical Examiner revealed that Lopez had been stabbed twice in the chest, including once in the heart. Immediately after the stabbing, Sanchez and Uribe fled the country but their flight proved short-lived. Fifteen months after the stabbings, Sanchez was arrested at the Mexican border attempting to illegally re-enter the United States through Texas. Pleading guilty to illegal entry, he was brought to New York to face murder charges. Following a lengthy extradition process, Uribe was returned to the United States from Colombia in June 2010. In January 2013, he pleaded guilty to first-degree manslaughter, implicating Sanchez, and was sentenced to 18 years in prison. Sanchez, who has been held without bail since his May 2008 arrest, was convicted in October 2013 of second-degree murder and firstdegree assault following a three-week jury trial before Queens Supreme Court Justice Kenneth C. Holder. Sanchez faces up to fifty years to life in prison when he is sentenced.
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QUEENS MAN PLEADS GUILTY TO MANSLAUGHTER IN STABBING DEATH OF BROTHERS LIC ROOMMATE
Adam Rodriguez, 44, pleaded guilty to first-degree manslaughter for fatally stabbing his brothers 27-year-old male roommate in March 2010 the same day he was released from Rikers Island on unrelated charges. Rodriguez is expected to be sentenced to a determinate term of 20 years in prison when he is sentenced.
PAKISTANI NATIONAL AND U.S. NATURALIZED CITIZEN CHARGED WITH SOLICITING AID FOR TERRORIST GROUPS IN AFGHANISTAN
Two New York City residents -- a Pakistani national residing in Elmhurst and a naturalized U.S. citizen from Kuwait residing in Brooklyn -- have been charged with conspiring to solicit aid in support of terrorist organizations including the Taliban and al-Qaeda fighting American troops in Afghanistan . District Attorney Brown said, In this case, while keeping our federal counterparts informed, our office worked closely with the New York City Police Department on a longterm investigation in which the two defendants allegedly engaged in a plan to supply terrorist organizations in Afghanistan with warm winter clothing which in the context of the fighting in Afghanistan is as serious as supplying the enemy with bullets and bombs. These supplies would have enabled the terrorists to endure the harsh Afghan winters and extend the fighting season. These defendants, as a result, were not merely conspiring to supply clothing items to people in Afghanistan, they were conspiring to make the enemy more effective in engaging and killing American soldiers. Fortunately, the arrests of these defendants prevented their alleged plan from being carried out. District Attorney Brown added, Whether the threat is posed by a large organized enterprise or a lone wolf, we must remain vigilant to identify and respond promptly and effectively. The two men were arraigned in Queens Criminal Court on a criminal complaint charging them each with second-degree soliciting or providing support for an act of terrorism and fifth-degree conspiracy. The defendants, who face up to seven years in prison if convicted, were each ordered held on $500,000 bond or cash .
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
BROOKLYN MAN CONVICTED OF MURDERING GIRLFRIENDS 19-MONTH-OLD DAUGHTER Child Admitted To Hospital With Brain Injury, Broken Jaw And Ribs, Punctured Lung and Internal Bleeding
Allen T. Shannon, 31, of Brooklyn, has been convicted of second-degree murder following a nearly four-week jury trial before Queens Supreme Court Justice Michael B. Aloise. Shannon, who killed his Corona, Queens, girlfriends toddler daughter, faces up to 25 years to life in prison when he is sentenced.
LEFRAK CITY TENANT INDICTED IN MASSIVE MONEY LAUNDERING AND IDENTITY THEFT SCHEME INVOLVING OTHER TENANTS OF APARTMENT COMPLEX
Allegedly Stole The Identity Of Dozens Of Fellow Tenants To Open Credit Card and Bank Accounts; Allegedly Used Stolen Rent Checks To Fuel Scheme
A LeFrak City tenant has been charged with the theft of more than $100,000 between November 2011 and May 2013 by stealing the personal identities of dozens of former and current residents at the twenty-building apartment complex in Elmhurst to unlawfully open up bank and credit card accounts in their names through which he then laundered tenant checks including monthly rent checks that he is alleged to have stolen from a U.S. mailbox at the apartment complex.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
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QUEENS MAN SENTENCED TO 25 YEARS TO LIFE IN PRISON FOR 2x4 BLUDGEONING DEATH OF FORMER GIRLFRIEND
Elmer Diaz, a 39-year-old Queens homeless man convicted of murdering his former girlfriend who was also the mother of his young daughter by bludgeoning her to death with a 2x4 piece of lumber in September 2009, was sentenced in August to 25 years to life in prison. According to testimony at Diazs two-week jury trial before Queens Supreme Court Justice Michael D. Aloise, Diaz went to the Far Rockaway residence of his former girlfriend, Indira Villa, 38, on the afternoon of September 22, 2009, to pick up some clothing. While at Ms. Villas Caffrey Street apartment, an argument between Diaz and Ms. Villa erupted in the presence of Ms. Villas 13-year-old son from a prior relationship, Denzel Carrero, and Diaz and Ms. Villas three-year-old daughter, Natalie. During the argument, Diaz threw a bowl of vinegar on Ms. Villa and as the argument further escalated, her son went to his room and called 911. When Ms. Villas son came out of his room, he saw that Diaz had grabbed his mother, restraining her with one arm and holding something shiny in the other. Diaz then told the son, I can kill your mother. The son ran back to his bedroom and retrieved a piece of 2x4 lumber and returned to find his mother on her knees and Diaz on top of her. The son then struck Diaz once in the head and numerous times on the back in an attempt to stop him from attacking his mother. Grabbing the 2x4 from the son, Diaz then used it to repeatedly strike Ms. Villa on the head as she lay on the floor. The son grabbed his sister, who was crying next to her mother, and fled to a neighbors apartment. Police arrived a short time later and Ms. Villa, who had sustained massive head trauma, was taken to Jamaica Hospital where she underwent a craniotomy to relieve pressure but died shortly thereafter. An autopsy revealed that she had died of blunt force trauma to the head with skull fractures and brain injuries.
BAR BRAWLER SENTENCED TO 18 YEARS IN PRISON FOR GANG ASSAULT Victim Was Injured in Club Fight and Later Died From a Heart Attack
Donnell Coleman, 31, of Jamaica, Queens, was sentenced in July to 18 years in prison for the brutal beating of another man in a Forest Hills club in November 2010. Coleman had been convicted of first-degree gang assault in March 2013 and was sentenced by Queens Supreme Court Justice Richard L. Buchter following the conclusion of a two-week jury trial. According to court testimony, in the early morning hours of November 27, 2010, inside of Bartinis, a nightclub located at 1 Station Square, in Forest Hills, Coleman, along with approximately eight to ten others, punched and kicked the victim, Haroon Walfall, 33, of Rosedale, Queens, repeatedly about the face, head, and torso after an altercation inside the club over a girl. Mr. Walfall, who had an enlarged heart, sustained bruising, swelling, bleeding and lacerations to his face and neck and subsequently died later that morning from a heart attack.
ALLEGED STALKER CHARGED WITH ASSAULTING WOMAN, HER SON AND COP WHO CAME TO THEIR AID
Off-duty Police Officer Joseph Koch was enjoying a Sunday afternoon in June when he heard the screams of a young boy and his mother, who were allegedly being beaten by a former tenant turned stalker. Officer Koch, who was nearby visiting his future inlaws, responded to allegedly find the tenant attacking Christina Rodriguez, from whom he used to rent a room. Rodriguez 10-yearold son was also allegedly being assaulted. In allegedly struggling with the tenant, both he and Officer Koch were shot. Officer Koch was shot in the left hand and the tenant was struck in the abdomen. The tenant was charged with first- and second-degree attempted murder, second-degree assault, menacing a police officer, and other charges.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
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D.A. Brown (far right) is joined by (l-r) NYPD Inspector Michael E. Bryan, Commanding Officer, Queens Narcotics Division, and Detective Andrew Lenski in showing guns recovered following execution of search warrants in gambling ring investigation.
LEFT: D.A. Brown with some of the 76 law school and college students who participated in the Queens District Attorneys Offices ten-week 2013 Volunteer Summer Internship Program.
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STATE SEX OFFENDER SENTENCED TO 25 YEARS FOR SEXUALLY ASSAULTING WOMAN IN ALLEY
Twenty-three year-old Kevin Pazmini, already listed as a Level One sex offender on the state registry, was on the prowl in the early morning hours of July 26, 2011, when just blocks from his home he grabbed a 35-year-old woman from behind as she headed toward a bus stop on her way to work. Pazmini dragged the woman into an alley and physically and sexually attacked her. Half-naked, she eventually managed to escape and flee to a nearby bodega, where a customer called 911. Pazmini whose DNA was found on a letter he wrote to a friend describing what he had done was convicted of first-degree attempted rape, first-degree criminal sexual act, second-degree attempted robbery and second-degree assault following a bench trial before Queens Supreme Court Justice Richard L. Butcher, who imposed a determinate prison sentence of 25 years on Pazmini. Pazmini was previously arrested in September 2010 for raping a woman who passed out after drinking alcohol inside his home. He pleaded guilty to a lesser charges of sexual misconduct and was sentenced to six years probation, according to state court records. Under conditions of the plea, Pazmini was required to register as a Level 1 sex offender on the state registry.
LIVERY DRIVER SENSELESSLY SLAIN WHILE BEING ROBBED BY CO-WORKER Co-Worker Sentenced To 20 Years To Life
A Long Island City livery driver never stood a chance when he was cruelly set upon by a fellow driver who shot the victim in the head during an attempted armed robbery. Jaroslaw Bielawski, 62, was behind the wheel of a Crosslands Corporate Transportation vehicle on January 8, 2010, when co-worker Gregory Johnson, 36, and another man allegedly donned ski masks and approached Mr. Bielawski who was sitting with the window rolled up. Johnson motioned for the driver to roll down the window. When Mr. Bielawski instead attempted to drive away, Johnson pulled out a handgun and fired three times, shattering the drivers side window and striking Mr. Bielawski in the head. The car service company owner, Mamadouh Elsayed, whom the victim was about to drive home, was in the rear seat of the cab at the time of the shooting, but was not injured. Both of the defendants allegedly fled the scene in different directions. Johnson was convicted of second-degree murder, first- and seconddegree attempted robbery, second-degree criminal possession of a weapon, and tampering with physical evidence following a threeweek jury trial before Queens Supreme Court Justice Daniel Lewis, who sentenced him to an indeterminate term of 20 years to life in prison. The case against his co-defendant is pending.
SUSPECT IN SHOOTING DEATH OF 14-YEAR-OLD GIRL ON CITY BUS CAPTURED IN SOUTH CAROLINA
The suspect in the shooting death of Daja Robinson, a 14-year-old Queens girl who was struck in the head and killed by a bullet that went through the window of the New York City bus that she was aboard in May, was caught the following month in Cayce, South Carolina. The 21-year-old suspect, waived extradition, and was arraigned in Queens Criminal Court on a complaint charging him with second-degree murder, first-degree reckless endangerment, and second-degree criminal possession of a weapon. If convicted, he faces up to 25 years to life in prison. District Attorney Brown said, The death of this young, talented fourteen-year-old is a senseless tragedy and another painful example of the mindless gun-related violence that too often takes innocent lives. According to the charges, Daja (Asia) Robinson, 14, left a Sweet Sixteen party on the evening of Saturday, May 18, 2013, and walked to the bus stop opposite of 125-60 Sutphin Boulevard in the Jamaica section of Queens, where she boarded a Q6 bus and walked to the rear of the occupied bus. It is alleged that the defendant, with the intent to cause the death of another individual, then began firing multiple rounds from a handgun at the bus, one of which pierced the bus window and struck Ms. Robinson in the head. Ms. Robinson was transported to a local Queens hospital, where she was pronounced dead.
It should be noted that a complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.
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FORMER NYPD BODYGUARD OF MAYOR SENTENCED TO SEVEN YEARS IN PRISON FOR ATTEMPTED MURDER OF QUEENS MAN
Leopold McLean, a veteran New York City Police Department detective convicted of attempted murder in connection with an off-duty shooting in which an unarmed man was wounded, has been sentenced to seven years in state prison
Photo by Ellis Kaplan
At the time of McLeans sentencing, District Attorney Brown said, This case should serve as a reminder that no one is above the law. The defendant, a 19-year veteran of the NYPD, has not only lost his job but must now serve the sentence handed down by the Court. The victim who sustained a gunshot wound to the buttocks still suffers physical and emotional pain from the shooting.
McLean, who had been a member of the NYPD for nearly two decades and whose most recent assignment was as a member of Mayor Bloombergs Dignitary Protection Unit, was convicted of McLEAN second-degree attempted murder and first-and second-degree reckless endangerment following a jury trial before Acting Queens Supreme Court Justice James P. Griffin, who revoked McLeans bail and ordered him remanded into custody. McLean, who had been placed on modified duty pending the outcome of the criminal case, will now go through a departmental hearing to determine his NYPD status. According to testimony at trial, McLean approached Lepaul Gammons, then 39, in the vicinity of 119th Road and 153rd Street at approximately 12:34 a.m. on November 15, 2010, and demanded to know why Gammons was at that location the residence of a woman known to both men and who had a restraining order against Gammons. At that point, McLean pointed a black handgun at Gammons, who asked if McLean was going to shoot him. McLean then stated that he had something for Gammons and lowered the black handgun and reached down toward his ankle, at which point Gammons ran from the location, which was captured on video surveillance. As he ran, he heard gunshots coming from where McLean had been standing. As he ran down 119th Road toward Sutphin Boulevard, Gammons sustained a gunshot that entered and exited his buttocks. Gammons climbed a fence of a neighboring yard and hid briefly. As he ran back to his car, McLean fired more shots. The incident ended when Gammons managed to drive off in his car. Though McLean and Gammons both failed to report the shooting, McLean and his girlfriend reported a burglary at the time, saying Gammons had a knife. Bullet fragments of a gun registered to McLean were found at the scene. Ballistic tests on a bullet recovered from a fence post located on the north side of 119-26 153rd Street determined that the bullet came from the Kahr .9mm Luger registered to McLean. Later, Gammons called the police, gave his name and the LEPAUL GAMMONS name of the shooter, but refused to meet with the police or go to the hospital for treatment out of fear that he would be arrested. He informed the police where they could find the blood-soaked clothing that he was wearing when he was shot and officers assigned to Internal Affairs went and retrieved those items. He [McLean] took an oath to serve and protect, but that night he wasnt protecting anyone, he shot at his rival his girlfriends ex-boyfriend, ADA Carmencita Gutierrez said in her opening statement. Kahr .9mm Luger
(for illustration purposes only)
Gammons, who suffered substantial pain, impaired mobility and a high fever as a result of the gunshot wound, was subsequently taken to Jamaica Hospital for treatment. He is presently serving up to three years in prison for a 2011 forgery conviction and has a pending $5 million lawsuit against the NYPD and McLean.
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REPUTED CRIPS GANG MEMBER SENTENCED TO PRISON FOR GUNPOINT STREET ROBBERY OF TEENAGER
Victor Santana, 20, a reputed member of the Crips street gang, who pleaded guilty to first-degree robbery, was sentenced to seven years in prison for the August 2012 gunpoint robbery of a teenager. According to the criminal charges, Santana approached his 19-year-old male victim from behind on the night of August 1, 2012, near Hollis Avenue and Monterey Street and, racking a black semi-automatic pistol, ordered the victim onto the ground, at which time Santana took the victims I-Phone and black backpack Illustration purposes only which contained a pair of gold Nike Air Foamposite sneakers. The victim and his mother reported the robbery to the police the following day and picked out Santana from a photo array. On August 4, 2012, at the intersection of 218th Place and Hempstead Avenue, the victims mother observed Santana on the street wearing a black backpack and her sons Nike sneakers. She immediately called 911 and then her brother. When police arrived at the scene, they observed the victims uncle struggling with Santana in an effort to keep him from fleeing. The police recovered a black unloaded and inoperable .380 pistol from Santanas backpack and the victims sneakers from his feet.
QUEENS TEENAGER SENTENCED TO 20 YEARS IN PRISON FOR STABBING DEATH OF 17-YEAR-OLD WHILE TRYING TO STEAL HIS IPHONE
Stephon Huffman, 19, of Queens, who took part in an incredibly violent and fatal attack on a 17-yearold boy while trying to steal his iPhone, has been sentenced to 20 years in prison. Huffman had pleaded in July to first-degree manslaughter in connection with the 2011 daytime attack.
guilty
According to the criminal charges, on October 28, 2011, at about 11:00 a.m., at the intersection of 142nd Street and 120th Avenue, Huffman and others approached Patrick Dixon, 17, after following him off of a bus, and placed him in a chokehold while demanding his iPhone and trying to remove it from his pocket. As Dixon struggling, a second teen allegedly grabbed him along with Huffman. When Dixon managed to free himself from the grasp of Huffman and his alleged cohort, a third teen approached and allegedly slashed Dixons neck with a razor blade. As Dixon fled from his attackers, with blood spurting from his neck, Huffman and two others allegedly followed him. Dixon fell to the ground while one of his alleged attackers continued to demand that he turn over his phone. Huffman admitted that as he was running after Dixon, the victims blood sprayed onto his face, mouth, jacket, sweatshirt and pants.
UPSTATE NEW YORKER CHARGED WITH KILLING WOMAN IN RICHMOND HILL HIT AND RUN
A 20-year-old Schenectady, New York, resident was charged with vehicular manslaughter and other charges, including driving while under the influence of alcohol, after hitting a 59-year-old woman and a parked vehicle and failed to stop. The woman was taken to a local Queens hospital in cardiac arrest and was later pronounced dead as a result of her injuries. The driver allegedly had a blood alcohol level of .09. It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven
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THE DONOVAN DRAYTON CASE (continued) Bent (Wrights friend) in front of Wrights home at 143-36 110 Avenue. Upon seeing Drayton approaching with a gun, Wright ran into his home and locked the door, leaving Bent outside. Running up the stairs to his room, Wright grabbed his assault rifle and pointed the weapon out the window and fired a round across the street. In turn, Drayton and Glover discharged their guns at Bent, who was hit with multiple bullets, including one (fired by Glover) that perforated, inter alia, his heart and lung, causing his death. After shooting Bent, Drayton and Glover then ran to the waiting vehicle being driven by White, jumped in and drove off. Contrary to the defenses assertions that there was no physical evidence linking Drayton to the crime, the jury rightly convicted him of possessing a silver .45 caliber semi-automatic pistol. stopped dealing drugs after his friend Bent was killed. There was no evidence contradicting that testimony. During the pendency of the case Wright was arrested for assaulting his stepfather. However, that was during an incident where Wright interceded on behalf of his mother who was being verbally abused by the stepfather who was physically threatening Wright at the time. Nevertheless Wright pleaded guilty to a violation in connection with that case -- not a misdemeanor as the defense contended. A violation is not a crime and therefore did not violate the agreement.
According to trial testimony, White testified that Drayton approached Wright and Bent with a silver .45 caliber semiautomatic pistol and Wright testified that Drayton pointed a silver 45 caliber semiautomatic pistol at him and Bent moments before Bent was shot. Also, the police found a spent .45 caliber shell casing and a .45 caliber spent bullet just a few feet from where Bents body was found after the shooting. The bullet had passed through the front door, making a bullet hole in the door right where the body was found. This constituted physical evidence tying Drayton to the crime.
Furthermore, while it is true that Wright was also arrested during the pendency of the case when drugs and guns were found in his house during the execution of a search warrant, Wright maintained that the guns and drugs -- which were not found in his room -- did not belong to him. He testified in the grand jury and the grand jury ultimately dismissed the charges against him. Another individual residing in the house was indicted for the guns and drugs and ultimately pleaded guilty. Again, neither incident was a violation of the terms of Wrights agreement. He was not convicted of any crimes. It also should be noted that the search warrant was obtained based on drug sales being made by the person WRIGHTS RESIDENCE who ultimately pleaded guilty in the case. An e-mail from a reporter who had spoken in-depth to Draytons family and attorney stated that Wright had left details out when he initially spoke to police and had inconsistences in his testimony. It was explained to the reporter that all of those things were disclosed by the prosecution to Drayton and his attorney and put before the jury, as is proper. It was for the jury to determine what weight to give prior statements and trial testimony. The reporters e-mail also stated that Jason White had planned the robbery-homicide. This was simply not true. The only evidence on this fact was that the robbery was Glovers idea and that Drayton and White were willing participants. White was cooperated by the People because he was the least culpable. He had never left the car and was not involved in the actual shooting. Whites plea offer was twelve years without cooperation. By testifying for the People, White was given a seven-year prison sentence. The reporters e-mail also made reference to inconsistencies between what White said to the police and the jury. Again, any prior statements made by White were disclosed by the prosecution to Drayton and his attorneys and put before the jury, as is proper, and it was up to the jury to determine what weight to give them. It is worth noting that when White was arrested he made written and video statements to police regarding the incident, which was
As to the argument that the People relied on the testimony of a drug dealer and a stick-up artist, it must be understood that Wright, the intended target of the crime, was the only known witness. If the People did not get him to cooperate and testify at trial, they would not have been able to legally prosecute the case and that would have meant that Bent, an innocent and unarmed man, shot five times and killed would have gotten no justice. The killers would then have gone free with no attempt to hold anyone accountable for his murder. Wright was charged with second-degree criminal possession of a weapon, a class C felony punishable by up to fifteen years in prison. While it was true that he was offered a plea far less than what he was facing if convicted after trial, it is also true that Drayton similarly was offered a determinate eighteen-year prison term, which was much less than what he faced if convicted at trial. Ultimately, Wright agreed to cooperate and with truthful testimony, the People did, in fact, agree to a sentence of probation. However, Wright did not continue to deal drugs after this incident, as the defense asserted. He stated numerous times under oath that he had
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completely consistent with his trial testimony. At the time he made those written and videotaped statements to the police -- consistent with his testimony at trial -- he was not a cooperating witness and was made no promises of leniency. Lastly, the e-mail made allegations that the trial assistant blocked the testimony of William Thornton and ignored a written statement by Glover. It is true that Thornton did not testify at the first trial -- but that was because the defense failed to confront White at the trial with the alleged statement that White made to him regarding Drayton. Confronting the witness with the alleged prior statement is legally required. The defense, however, failed to do that and as a result the judge precluded the testimony based on a proper and legal objection by the prosecution. It would have been unfair and legally improper to let him testify based on the fact that White was never given a chance to explain the alleged statement to Thornton (there is case law regarding the admissibility of prior inconsistent statements). Furthermore, absolutely nothing prevented Draytons attorney from calling Thornton at the second trial. Particularly since they had the transcript of the first trial and knew, based on the transcript, exactly what they needed to do legally to have him testify. It should be noted that the defense elected not to call Thornton at the second trial, perhaps because Thornton was a convicted murderer and is presently serving a sentence of eighteen years to life in prison. Lastly, the People did not ignore any written statements from Glover. Glover made a written and videotaped confession to the police. In those statements Glover said that he and Drayton approached Wright and Bent, armed with guns, to rob Wright. Wright ran inside and fired a shot out the window. Glover stated that he and Drayton then fired their guns at Bent. He stated that they both shot Bent. Glover made similar statements under oath when he pleaded guilty. If Drayton and his attorney believed that Glover recanted his claim that Drayton was involved in the planning of the homicide, why then didnt they call him as a witness at trial? The allegation that Shaw ignored a statement by Glover made absolutely no sense. At sentencing on September 18, 2013, Drayton made a statement to the Court in which he admitted to going to the scene of the murder with the killer -- Glover. Drayton also admitted to possessing and firing the gun he was convicted of possessing. Furthermore ballistics evidence showed his gun was fired in direct line of where Bent had been shot and killed. In passing judgment, Justice Griffin noted By the very statement that you made in this case, Mr. Drayton, at the time of this incident, you were part of the problem. You, just like Anthony Wright, were selling marijuana. You chose to associate with these people. You went with them to the scene of this murder, and according to your statements, you apparently just stood there while your associate held, again, a gun to Mr. Bents head and while Mr. Wright ran into the house, ran up to the third floor, into his bedroom, into the closet, got an assault rifle, then ran down to the second floor, knocked the screen out of the window and started firing out of that window, all that time, apparently, you just stood there. And when the gun was thrown to you, you caught the gun. When you finally did run, you fired the gun in the air, you say. And where did you run? You didnt run to the police, you ran to the getaway car. Justice Griffin continued, Based on your statement alone, it is really understandable why the police and the prosecutor would think that you were far more involved in this entire scenario than you are claiming. The problem that the People had in this case that -- that the witnesses that they had to rely on came with a great deal of baggage. Based on your statements and the evidence that the People presented, there was more than enough evidence for you to be convicted of every crime alleged in this indictment, but apparently because of all the problems that these witnesses had, the baggage that they carried, the jury gave you the benefit of the doubt and so have all of these people here . . . I am not laboring under any delusion that you are a saint here. You had a serious problem to start out with and you are part of this. In seeking the maximum penalty for the gun possession charge -- 15 years -- the trial assistant later noted that he couldnt imagine a much more egregious set of facts surrounding a gun conviction. This was not a situation where he [Drayton] was searched on a street and a gun was found on him. This was as situation where he fired the gun on the scene of a murder. This set of facts warranted the maximum sentence. Ultimately, Justice Griffin imposed on Drayton a determinate period of incarceration of five years with five years post-release supervision.
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BRONX MAN CHARGED WITH MURDER IN FATAL STABBING OF 69-YEAR-OLD MAN NEAR ELMHURST TRAIN STATION
A 22-year-old Bronx man has been charged with murder in the fatal stabbing of a 69-year-old man under an elevated Elmhurst train station.
Photo by Christina Santucci (Times Ledger)
The defendant was arraigned before Queens Criminal Court Judge Gene Lopez on a criminal court complaint charging him with second-degree murder and fourth-degree criminal possession of a weapon. He was ordered held without bail.
According to the charges, Ever Orozco, 69, of Woodside, had just parked his car near the 90th Street-Elmhurst Avenue #7 train station at approximately 1:00 p.m. on September 16, 2013, when he was viciously attacked and stabbed multiple times by the defendant. Mr. Orozco was transported to a local Queens hospital where he was pronounced dead.
QUEENS AUTO BODY SHOP OWNERS CHARGED WITH $250,000 NEW YORK STATE SALES TAX THEFT
An Old Westbury, New York, couple were charged with a $250,000 state sales tax theft in connection with the operation of their auto body repair shop in Jamaica, Queens. The couple and the business allegedly under reported sales between December 2007 and February 2011 by approximately $3 million.
The husband and wife owner/operators were arraigned in Queens Criminal Court on charges of second-degree grand larceny, second-degree criminal tax fraud, third-degree grand larceny, third-degree criminal tax fraud, first-degree offering a false instrument for filing, first-degree falsifying business records and first- and second-degree scheme to defraud. In conducting an audit of the auto body shops corporation from December 2007 through February 2011, the New York State Tax Department concluded that the defendants had allegedly collected $3,661,875 for vehicle repairs from four insurance companies: GEICO, Ameriprise, Met Life Auto and Home and State Farm. The corporation claimed, however, to have conducted only $739,055 in total taxable vehicle repair sales, and thus allegedly collected and failed to pay at least an additional $255,259 in New York State and local taxes.
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
2013 NEW YORK CITY ABUSIVE HEAD TRAUMA/SHAKEN BABY SYNDROME CONFERENCE
Sponsored By the Queens County District Attorney, the New York City Office Of Chief Medical Examiner and the New York Prosecutors Training Institute
Queens District Attorney Richard A. Brown and Acting New York City Chief Medical Examiner Barbara A. Sampson, M.D., hosted the 2013 New York City Abusive Head Trauma/Shaken Baby Syndrome Conference in September. In addition to the traditional lecture format, there was a roundtable discussion moderated by Assistant District Attorney Marjory D. Fisher, Chief of QDAs Special Victims Bureau, and Queens County Assistant District Attorney Leigh L. Bishop, Supervising Attorney for Child Homicide/Assault Prosecutions designed to explore controversial issues regarding the diagnosis and prosecution of AHT. Panelists included Keith Findley, J.D., University of Wisconsin School of Law; Bruce Herman, M.D., University of Utah School of Medicine; Julie A. Mack, M.D., Penn State Milton S. Hershey Medical Center; and Sandeep Narang, M.D., J.D., FAAP, University of Texas Health Sciences Center at San Antonio.
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For three years the brutal murder had remained unsolved and left Carmens family with more questions than answers. Then in 2012, a break occurred in the case when the man purportedly responsible for Carmens murder was convicted in a carjacking case and forced to provide authorities with a DNA sample that linked him to DNA found at the cold case crime scene. Police eventually tracked the individual down to his upstate prison cell just weeks before he was due to be released. The convicted felon and former restaurant worker was arraigned before Queens County Supreme Court Justice Gregory L. Lasak on a 15-count indictment charging him with second-degree murder, predatory sexual assault, first-degree kidnaping, first-degree rape, first-degree criminal sexual act, first- and seconddegree burglary, first-degree unlawful imprisonment, petit larceny, and fifth-degree criminal possession of stolen property. He faces up to 25 years to life in prison if convicted. It is alleged that the defendant saw Carmen Saldana on the street on July 12, 2009, as she made her way home from a party in Long Island City. The defendant allegedly offered to walk Saldana home and when they reached her Astoria apartment building he asked to come in and she refused. The defendant allegedly kicked in the apartment house door and forced his way into her apartment where he allegedly raped and murdered her. Her mother discovered her battered and naked body in their apartment after she returned from the Hamptons where she cleaned houses. DNA evidence was recovered at the scene and stored in a database.
Carmen Saldana
NOTE: CRIMINAL CHARGES ARE MERELY ACCUSATIONS AND A DEFENDANT IS PRESUMED INNOCENT UNTIL PROVEN GUILTY
PURPORTED GANG MEMBER CHARGED WITH MURDER IN SHOOTING DEATH OF 33-YEAR-OLD MAN UNDER ELEVATED TRAIN TRACKS IN JACKSON HEIGHTS
A purported member of the M18 street gang has been charged with fatally shooting a 33-year-old Corona man beneath the elevated Roosevelt Avenue train tracks in Jackson Heights, Queens, in September. The 20-year-old defendant was charged with second-degree murder, second-degree criminal possession of a weapon and tampering with physical evidence. If convicted, he faces up to 25 years to life in prison.
DNAinfo/Claire Cameron
Roosevelt Avenue at 80th Street, where Ivan Rodriguez was gunned down.
According to the charges, the defendant, along with several other gang members, was chasing after Ivan Rodriguez, 33, of Corona, Queens, at approximately 6:00 p.m. on Friday, September 20, 2013. When Mr. Rodriguez fell in front of 89-08 Roosevelt Avenue, the defendant shot him, striking him in the head and neck before fleeing and discarding his weapon in a pile of garbage near 37th Avenue. Thereafter, police allegedly recovered a .22 caliber firearm, five spent rounds and one live round from a pile of garbage located in front of 37-61 88th Street.
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LONG ISLAND ATTORNEY CHARGED WITH EMBEZZLING FUNDS FROM THREE CLIENTS
A Great Neck, Long Island, attorney has been charged with stealing more than $150,000 belonging to an estate or guardianship over the last four years. District Attorney Brown who was appointed a special prosecutor in the case at the request of Nassau County District Attorney Kathleen M. Rice in order to avoid any resulting appearance of impropriety due to a conflict of interest. said that the defendant, an Elder Law attorney, was arraigned before Judge Eric Bjorneby in First District Court of Nassau County on a criminal complaint charging her with three counts of second-degree grand larceny. According to court documents, the defendant was appointed by the Court on September 8, 2009, as a guardian for a 77-year-old man who was deemed an incapacitated person under the mental hygiene law. Thereafter, in submitting a sworn accounting statement to the Court for monies spent from the disabled mans accounts, the defendant allegedly stated, among other things, that she gave the man $150,000 in cash between September 2009 and September 2011. However, a forensic review of the defendants accounts allegedly revealed a pattern of activity whereby funds belonging to the disabled man were taken by the defendant from the guardianship accounts she maintained on his behalf and deposited into her operating and personal accounts. The funds were then allegedly expended on the defendants office and payroll, as well as on personal expenses. In a second instance, according to the criminal charges, the sons of a Westchester man hired the defendant to handle their fathers estate and to sell his residence and to set up a Special Needs or Supplemental Needs Trust for their disabled sister, who was the sole inheritor of their fathers estate. The Special Needs Trust was to ensure that there would be no future problems with the sisters Medicaid, Supplemental Security Income and subsidized housing. It is alleged that a check for $245,595.96 (which represented the sale of the deceaseds residence) was deposited in an escrow account maintained by the defendant. Some funds were allegedly distributed by the defendant while the vast majority of the funds were transferred to other business accounts, operation accounts and an additional escrow account maintained by her and then spent on the defendants personal expenses. It is alleged that no money remains from the original escrow deposit nor is there evidence a trust was set up from those funds. Finally, according to the complaint, the defendant was hired in August 2011 by a male individual to handle his mothers estate and was given an escrow check for $84,864. It is alleged that on August 5, 2011, an $84,864 deposit was made to the defendants escrow account, and the defendant wired $14,243.20 to the deceaseds son on August 9, 2011, the same day she electronically transferred $70,000 to her operating account, thus leaving a balance of only $4,207.84. Additionally, it is alleged that checks written by the defendant to two individuals who were each to receive a gift of $10,000 under the terms of the deceaseds will were not immediately cleared because of insufficient funds and that, on September 30, 2011, $37,000 was transferred from the accounts of an elderly woman, who had previously given the defendant Power of Attorney for her affairs, to cover those checks, completing the payment of the original escrow funds. It should be noted that a criminal complaint is merely an accusation and that a defendant is presumed innocent until proven guilty.
QUEENS DISTRICT ATTORNEYS OFFICE STUBS OUT ILLEGAL CIGARETTE TRAFFICKER. District Attorney Richard A. Brown (left) with the approximately 1,151 cartons of illegal cigarettes, both American and Asian brands, that were allegedly seized during an investigation of illegal cigarette trafficking in Queens.
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In announcing the forum, District Attorney Brown said, The purpose of this initiative is to combat the destructive Dont Snitch street message that has hindered the pursuit of justice for violent crimes committed in our communities. The goal is to encourage young people to see themselves as a part of the community, care about the things that happen therein, and speak out against crime and violence. Coming forward and speaking up was a topic that ADA Herring touched on during a panel discussion at the forum, telling the attendees that sometimes the District Attorneys Office has to put witnesses on the stand. Dont come to us first go to someone you trust, she said. It will take a year to get to a trial, and a lot can happen in a year where you might not have to testify. If somebody sees five people ready to testify against him, hell take a plea. But we need witnesses to make a case. You have to give us a fighting chance. A dual purpose of the forum was to seek the voices of younger members of the community to capture the spirit of this initiative by replacing the Dont Snitch slogan with a positive memorable phrase and illustrations of the ways in which they can make their community safer. Toward that goal, District Attorney Brown invited all Queens school children in grades 6 - 12 and Queens-based youth organizations, to showcase their artistic talent and their commitment to the safety of their community by participating in his offices Speak Up For Your Community! initiative. Participants will receive a Certificate of Appreciation from the Queens District Attorneys Office in February 2014 and selected works from each of the participating schools and youth organizations will be displayed at an event(s) hosted by the Queens District Attorneys Office in 2014. FRONTLINES 125-01 Queens Boulevard, 4th Floor, Kew Gardens, NY 11415 Tel: 718.286.6315 Helen M. Peterson, Executive Editor Kevin R. Ryan, Editor-in-Chief
Fax: 718.286.6430
Frontlines is a publication of the Office of Queens County District Attorney Richard A. Brown.
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