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Brooklyn District Attorney Eric Gonzalez today announced two community-based sessions next week where individuals who have been previously convicted in Brooklyn for a misdemeanor marijuana possession offense will be able to meet with a defense lawyer at no cost and fill out a motion asking to erase that conviction. The District Attorney’s Office will consent to those motions and will ask a judge to vacate the convictions, representing the first initiative of its kind in New York State.
The program – which is one of the recommendations DA Gonzalez adopted as part of his Justice 2020 Initiative – is in partnership with The Legal Aid Society, Brooklyn Defender Services, Brooklyn Law School and the Center on the Administration of Criminal Law at New York University School of Law, and follows DA Gonzalez’s decision to stop prosecuting all but the most egregious cases involving possession and smoking of small amounts of marijuana.
District Attorney Gonzalez said, “This is a unique and groundbreaking opportunity for folks who are burdened by convictions for conduct we no longer prosecute to clear their record and get a fresh start in time for the new year. I encourage every eligible person to attend one of these events, get much-needed relief and help us make a real impact as we work to correct the policies of the past and begin to heal our communities.”
Dawn Ryan, Attorney-In-Charge of the Brooklyn Trial Office at The Legal Aid Society, said, “A criminal record stemming from a misdemeanor marijuana conviction holds people back in a myriad of ways and can affect a person’s employment, education and immigration status. I therefore urge everyone in Brooklyn with such a conviction to attend one of these sessions, meet with a public defender and receive consultation on erasing it from their record. The Legal Aid Society is proud to be part of this much-needed program.”
Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, said, “Anyone who has a conviction for marijuana should come to one of the clinics and get legal advice about their eligibility to have that conviction removed from their record. These convictions have wide-reaching impact on many people, including barring access to student loans, reducing employment and housing opportunities and even causing people to lose custody of their children. We will provide assistance on all these matters at the clinics.”
Under the new program, those with a past conviction for misdemeanor marijuana possession (PL 221.15, PL 221.10 or PL 221.05) will meet with a defense lawyer, who will counsel them and will fill out the legal documents. After a review by the DA’s Office, the case will subsequently be called in court, where the DA’s Office will consent to the motion and ask that the conviction be vacated, and the underlying charge dismissed (the Office may oppose motions from individuals with prior convictions for certain violent felonies or sex offenses). Individuals will have the option of waiving their appearance in court if they so choose.
Those seeking to erase their conviction(s) should attend one of these events in person:
Participants are only required to bring a form of identification and, if they have, should also bring any paperwork or information regarding their past conviction(s). Additional events are planned for 2019.
Starting in the spring of 2018, the DA gradually expanded his policy of not prosecuting low-level marijuana possession cases to include cases involving smoking in public, which are charged under the same statutes as possession (PL 221.10 and 221.05). The only individuals currently prosecuted for these offenses are those who pose a threat to public safety (e.g. driving with burning marijuana), create a genuine nuisance (e.g. smoking on public transportation or in a schoolyard where children are exposed to smoke) or are involved in violent criminal activity (i.e. “drivers of crime”).
Following the policy change, the number of marijuana possession cases that were accepted for prosecution this year declined from 349 in January to five in October – a drop of 98.5%. DA Gonzalez has called for the issuance of civil summonses as a response to low-level marijuana use and possession, as opposed to criminal summonses that make up the current response to most low-level marijuana offenses.
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Brooklyn District Attorney Eric Gonzalez today announced that a 40-year-old Flatbush woman has been indicted on various charges of grand larceny and falsifying business records for allegedly wiring money from her employer’s business accounts to her personal account, as well as making cash withdrawals totaling more than $125,000.
District Attorney Gonzalez said “This defendant allegedly betrayed her employer’s trust by wiring money to herself and spending it on luxury goods and travel. Her alleged actions caused a significant loss to her employer and jeopardized a small business on which many charter schools rely.”
The District Attorney identified the defendant as Tasmyn Craig, 40, of Flatbush, Brooklyn. She was arraigned today before Brooklyn Supreme Court Justice Danny Chun on an indictment in which she is charged with one count of second-degree grand larceny, 22 counts of third-degree larceny, seven counts of fourth-degree larceny, and 30 counts of falsifying business records. She was released without bail and ordered to return to court on February 6, 2019. The defendant faces up to 15 years in prison if convicted of the top count.
The District Attorney said that, according to the investigation, between June 21, 2016, and December 30, 2016, the defendant allegedly made 29 wire transfers to her personal Chase account for more than $115,000 from a Wells Fargo account belonging to her employer, Charter Technology Solutions. CTS was founded in 2010 to assist charter schools with their technological needs. Craig was hired as CTS’ operations and finance manager on October 5, 2015. In that role, Craig had access to the Wells Fargo and Citibank accounts used to pay operational expenses.
The alleged embezzlement was discovered by CTS founder Sachin Gujral in January 2017, when he noticed what appeared to be double entries of payments to vendors, according to the investigation. The defendant allegedly categorized the transactions as business expenditures to vendors doing business with CTS. Gujral reported the embezzlement to the police.
It is also alleged that from April 22, 2016 to January 3, 2017, the defendant stole another $9,500 from CTS’s Citibank business account through automated teller machine withdrawals.
In total, the defendant allegedly embezzled more than $125,000 from CTS. The money was allegedly used to purchase products from Gucci, Tiffany, Akira, and Uggs; to make monthly car payments for a BMW; and for JetBlue airline tickets and Miami hotels, according to the investigation.
The defendant was fired on January 10, 2017.
The case was investigated by New York City Police Department Detective Joseph DeSantis and Sergeant Johnny Wong of the 72nd Precinct in Sunset Park, Brooklyn.
The case is being prosecuted by Assistant District Attorney Karen P. Turner of the District Attorney’s Frauds Bureau, with assistance from Financial Investigator Marina Kuchmar of the District Attorney’s Investigations Division, under the supervision of Assistant District Attorney Patricia McNeill, Deputy Chief of the Investigations Division.
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An indictment is an accusatory instrument and not proof of a defendant’s guilt.
Brooklyn District Attorney Eric Gonzalez today announced that a 61-year-old Sunset Park man was indicted on attempted murder charges for allegedly stabbing a Cantonese interpreter during a home visit. The interpreter was at the home to assist a social worker with the Administration for Children’s Services.
District Attorney Gonzalez said, “This interpreter and social worker were merely trying to do their jobs and follow up on a neglect report when the defendant allegedly stabbed the victim. Such an unprovoked attack is especially disturbing because it can have a chilling effect on dedicated professionals doing important work to keep our children safe. We’ll now seek to hold the defendant accountable.”
The District Attorney identified the defendant as Quanyi Feng, 61, of Sunset Park, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Martin Murphy on an indictment in which he is charged with second-degree attempted murder, first- and second-degree assault and fourth-degree criminal possession of a weapon. Bail was continued at $250,000 and the defendant was ordered to return to court on January 16, 2019. He faces up to 25 years in prison if convicted of the top count.
The District Attorney said that on November 8, 2018, at approximately 8 p.m., inside of a building located on 52nd Street in Sunset Park, Brooklyn, the defendant allegedly stabbed a 55-year-old Queens woman in the back with a kitchen knife. The victim was an interpreter working with an ACS social worker who was making a home visit following reports that the defendant’s grandchildren had been attending school appearing messy and unkempt, according to the investigation.
As the social worker spoke to the child’s mother, a verbal dispute ensued, according to the investigation, and the defendant then entered the room and began arguing with the Cantonese interpreter. As the social worker and interpreter attempted to leave the apartment and make their way down the stairs to exit the building, the defendant allegedly approached the interpreter from behind and stabbed her in the left side of the lower back.
The social worker called 911 and the defendant was arrested at the scene. The knife allegedly used in the attack was recovered in the kitchen.
The victim was hospitalized and treated for multiple stab wounds that damaged various internal organs, requiring surgery.
The case is being prosecuted by Senior Assistant District Attorney Garey A. Pierce of the District Attorney’s Green Zone Trial Bureau, under the supervision of Assistant District Attorney James Lin, Deputy Bureau Chief, and the overall supervision of Assistant District David Klestzick, Bureau Chief.
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An indictment is merely an accusation and not proof of a defendant’s guilt.
Brooklyn District Attorney Eric Gonzalez today announced that a 43-year-old man has been sentenced to 25 years to life in prison following his conviction on two counts of murder stemming from a shooting outside of an East Flatbush church where a funeral was being held.
District Attorney Gonzalez said, “It is outrageous that a gunfight erupted as mourners were paying their respects to a lost loved one. Two lives were lost, and several other people were injured after the defendant and others fired upon a group of people attending a funeral. With today’s sentence, the defendant has been held accountable.”
The District Attorney identified the defendant as Fritz Celestine, 43, of Marietta, Georgia. He was sentenced yesterday to 25 years to life in prison by Brooklyn Supreme Court Justice Jill Konviser. The defendant was convicted of two counts of second-degree murder and one count of second-degree criminal possession of a weapon on October 11, 2018, following a jury trial.
The District Attorney said that, according to testimony, on April 27, 2015, at approximately 8:30 p.m., outside the Emmanuel Church of God located at 1365 Flatbush Avenue, the defendant got into an altercation with Sharieff Clayton, who hit the defendant. Celestine and co-defendant Pierre Celestine and another individual who has not been apprehended, pulled out guns and started shooting, according to trial testimony. One person fired back. Clayton and another man, Ronald Murphy, were both shot and killed. Four others were injured by gunfire, including the defendant and three bystanders.
Pierre Celestine is awaiting trial.
The case was prosecuted by Senior Assistant District Attorney Leila Rosini, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Jonathan Visotzky, of the District Attorney’s Red Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.
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Brooklyn District Attorney Eric Gonzalez today announced that a 26-year-old man has been named in a 30-count indictment in which he is charged with arson and burglary as hate crimes and other related offenses in connection with two separate incidents in which he allegedly set a fire in a closet of a Williamsburg yeshiva and wrote anti-Semitic graffiti on the walls of a synagogue in Prospect Heights.
District Attorney Gonzalez said, “These alleged bias-motivated crimes are disheartening and undermine the values that we hold dear in our community. In Brooklyn, people of all faiths, cultures, ethnicities, and races should feel safe. The defendant in this case has now been indicted and I intend to hold him accountable.”
The District Attorney identified the defendant as James Polite, 26, of Bedford Stuyvesant, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 30-count indictment in which he is charged with second-degree arson as a hate crime, third-degree burglary as a hate crime, second-degree criminal mischief as a hate crime and other related offenses. He was ordered held without bail and to return to court on February 6, 2019. The defendant faces up to 25 years in prison if convicted of the top count.
The District Attorney said that, according to the investigation, on November 1, 2018, at approximately 6 p.m., the defendant entered 17 Eastern Parkway in Prospect Heights, which houses the Union Temple of Brooklyn. It is alleged that he wrote anti-Semitic messages and other graffiti, including “End is now” on the walls of several floors in the building.
The following day, at approximately 2:39 a.m., the defendant was observed on surveillance video entering a yeshiva at 35 Hewes Street in Williamsburg and going into a coat room on the first floor of the building, where he allegedly set a fire. The defendant remained in the room for approximately one minute before leaving the location. Within minutes, the area outside of the coat room began to fill with smoke. Prior to the fire, the defendant was captured on surveillance video entering a gas station and obtaining matches.
The defendant was apprehended on November 2, 2018 after witnesses allegedly saw him setting a trash can on fire near 134 Ross Street in Williamsburg and called 911. The officers who responded later recognized the defendant as the suspect captured on surveillance footage at the earlier crime scenes.
The case is being prosecuted by Assistant District Attorney Christopher Eribo, Deputy Chief of the District Attorney’s Civil Rights Bureau, under the overall supervision of Executive Assistant District Attorney Joseph P. Alexis, Chief of the Trial Division.
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An indictment is an accusatory instrument and not proof of a defendant’s guilt
Brooklyn District Attorney Eric Gonzalez today announced that a 30-year-old Brooklyn man was convicted of first-degree assault and first-degree attempted assault for shooting a 50-year-old man in the ankle outside of the Barclays Center last year.
District Attorney Gonzalez said, “This defendant fired numerous shots in the middle of the day in a busy area, endangering scores of innocent people. Luckily no one was killed. This verdict underscores our commitment to the safety of the people of Brooklyn.”
The District Attorney identified the defendant as Jonathan Cordoba, 30, of Flatbush, Brooklyn. He was convicted yesterday of one count of first-degree assault and one count of first-degree attempted assault following a jury trial before Brooklyn Supreme Court Justice John Hecht, who set sentencing for December 12, 2018.
The District Attorney said that, according to the evidence, on June 14, 2017, at approximately 2:05 p.m., on Flatbush Avenue, near the Barclays Center, the victim, a 50-year-old man who had just exited the subway and was walking to work, heard and saw two people arguing on the street. One of the men was the defendant. The victim saw a gun in the defendant’s hand and began to run. He then heard multiple shots fired, was struck in the foot and fell to the ground.
While on the ground, according to trial testimony, the victim saw the defendant fire additional shots at the person with whom he was arguing; that person was not struck. A witness called 911 and the victim was taken to the hospital and treated for a gunshot wound to the ankle.
The defendant was arrested on June 21, 2017, after he was identified from surveillance video.
The case was prosecuted by Senior Assistant District Attorneys Farin Chasin-Fodeman and Yasmine Meyer, of the District Attorney’s Orange Zone Trial Bureau, under the supervision of Assistant District Attorney Janet Gleeson, Bureau Chief.
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Brooklyn District Attorney Eric Gonzalez today announced that a 34-year-old Brooklyn man has been convicted of first-degree assault and other charges for slashing one man, menacing another with a weapon and stabbing a third near a gay nightclub in Bedford-Stuyvesant.
District Attorney Gonzalez said, “This defendant viciously assaulted three innocent men for no reason. Such brutal violence cannot be tolerated, and today’s verdict holds him accountable and delivers justice for the victims.”
The District Attorney identified the defendant as James Thomas, a.k.a., Mousey Baby, 34, of Prospect Heights. He was convicted today following a jury trial before Brooklyn Supreme Court Justice Donald Leo of first-degree assault, second-degree assault, second-degree menacing and fourth-degree criminal possession of a weapon. The defendant faces up to 33 years in prison when he’s sentenced on December 12, 2018.
The District Attorney said that, according to the evidence, on March 5, 2017, at approximately 4:30 a.m., inside a Crown Fried Chicken restaurant located at 1147 Fulton Street, the defendant, who is a local rapper, shouted at various patrons inside of the restaurant, many of whom had just exited the nearby Langston Club, which is a predominantly gay night club. The defendant slashed the first victim in the face with a knife and then left the restaurant.
The defendant then confronted two other men who had also left Langston Club and were attempting to walk into the same restaurant. He pushed the second victim up against a wall, menaced him with a knife and stabbed the third victim twice in the torso and once in the shoulder when he tried to come to his friend’s aid. Police responded to the scene, but the defendant had already fled the area.
The first stabbing victim was taken to the hospital and received 18 stitches on the left side of his face. The second stabbing victim received three stitches to the torso and was hospitalized overnight.
The defendant turned himself into police at the 79th precinct stationhouse on March 9, 2017, after video surveillance footage from the scene was released to the media.
The case was investigated by New York City Police Department Detective Andrew Smart of the Hate Crimes Task Force.
The case was prosecuted by Assistant District Attorney T. Peter Choi, of the District Attorney’s Civil Rights Bureau, and Assistant District Attorney Kelli M. Muse, Deputy Bureau Chief, under the overall supervision of Executive District Attorney Joseph P. Alexis, Chief of the Trial Division.
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Brooklyn District Attorney Eric Gonzalez today announced that a 50-year-old Brooklyn man was arraigned on two separate indictments for allegedly committing a string of six burglaries in Borough Park in September and October 2018, including breaking into two synagogues and a religious school.
District Attorney Gonzalez said, “This defendant is allegedly a professional burglar whose crime spree violated the sanctity of religious institutions, among other places, from which he stole cash and religious items. We will now seek to hold him accountable.”
The District Attorney identified the defendant as Charles Cajigas, 50, of Dyker Heights, Brooklyn. He was arraigned yesterday before Brooklyn Supreme Court Justice William Miller on two indictments in which he is charged with third-degree burglary, fourth-degree grand larceny, petit larceny, criminal trespass and other charges. He was ordered held on $75,000 bail and to return to court on January 11, 2019.
The District Attorney said that, according to the investigation, the defendant was charged in connection with the following incidents:
The defendant was arrested on October 23, 2018, after the New York City Police Department’s Facial Recognition Program identified him as a possible suspect. Following his arrest, he allegedly identified himself on video surveillance taken from the crime scenes and told the police where the religious items could be located.
The case is being prosecuted by Senior Assistant District Attorney Krystyn Tendy, of the District Attorney’s Grey Zone Trial Bureau, under the supervision of Assistant District Attorney Danielle Eaddy, Bureau Chief.
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An indictment is an accusatory instrument and not proof of a defendant’s guilt
Brooklyn District Attorney Eric Gonzalez today announced that a 33-year-old man has been sentenced to 18 years in prison for killing a 26-year-old man by bludgeoning him with a rod that was connected to a chunk of concrete during a confrontation on an East New York street.
District Attorney Gonzalez said, “This defendant senselessly killed a beloved young man for absolutely no reason at all. Such wanton violence, which devastates families and destabilizes communities, will never be condoned and I hope that today’s sentence brings some measure of justice to the victim’s loved ones.”
The District Attorney identified the defendant as Kurt Heusel, 33, of East New York, Brooklyn. He was sentenced today to 18 years in prison and five years’ post-release supervision by Brooklyn Supreme Court Justice Miriam Cyrulnik following his conviction in August of first-degree manslaughter after a non-jury trial.
The District Attorney said that, according to testimony, on June 30, 2016, at approximately 1:30 a.m., at the vicinity of Elderts Lane and Dumont Avenue in East New York, the defendant killed Zuriyah Nasi Benyehudah, 26. The victim was a cook and delivery man who published a poetry book called Zuriano’s Black Book Volume 1.
The evidence showed that the defendant confronted the victim, falsely claiming he was trying to help a woman who was being stalked, and pinned him to the ground. He then grabbed a metal rod that had a chunk of concrete on the end and used it like a sledgehammer to strike the victim in the back of the head, killing him.
The defendant was arrested in October 2016.
The case was prosecuted by Senior Assistant District Attorney Chow Xie, of the District Attorney’s Homicide Bureau, and Assistant District Attorney Cory Jones of the Red Zone Trial Bureau, under the supervision of Assistant District Attorney Timothy Gough, Homicide Bureau Chief.
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