(Long Island, NY) The East End Drug Task Force seized illegal drugs and made one arrest at 14 Locust Ave in the North Sea section of Southampton Town, Suffolk County District Attorney Thomas Spota announced today.

Michael Johnson, 27, whom was taken into custody at 14 Locust Ave in the North Sea section of Southampton Town

The search warrant was the result of an investigation into drug sales activity in the Southampton, North Sea area. The Southampton Town Police Emergency Services Unit assisted Task Force member agencies in serving the warrant as did the New York State Police K-9 unit, DA Spota said.

“Inside the home, EEDTF investigators seized heroin, cocaine, marijuana, pills, cash, as well as scales and packaging materials,” said Spota.

The EEDTF arrested 27 year old Michael Johnson.

Johnson is charged with:

• Criminal Possession of a Controlled Substance 3rd Degree – Intent to sell – B Felony
• Criminal Possession of a Controlled Substance – Narcotic – B Felony
• Criminal Possession of a Narcotic Drug 4th – C Felony
• Criminal Possession of a Controlled Substance 7th Degree
• Criminal Use of Drug Paraphernalia – 2nd Degree (Scales)
• Unlawful Possession of Marijuana – Violation
• Act in a manner Injurious to a Child – A Misdemeanor

Johnson is to be arraigned in Southampton Town Justice Court.

The East End Drug Task Force is a multi-jurisdictional drug enforcement unit funded by the office of Suffolk County District Attorney Thomas Spota. The task force includes detectives, police officers and law enforcement personnel from the New York State Police, Suffolk County Police Department , Suffolk County Sheriff’s Office, Suffolk County Department of Probation, Southampton Town Police Department, Riverhead Police Department, East Hampton Town Police Department, Easthampton Village Police Department, Southampton Village Police Department, Sag Harbor Village Police Department, Southold Police Department and Suffolk County District Attorney Investigators.

In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

To Prepare for Prom, Teens Commit to Safe Driving and Spread Message to Others

(Hauppauge, NY) – Students from Hauppauge High School gathered to hear New York State Trial Lawyers Association (NYSTLA) member Matthew Zullo speak on the dangers of distracted driving on Wednesday. All students attending prom are taking part in the event to promote safe and responsible driving. Zullo spoke to students as part of NYSTLA’s involvement with the national End Distracted Driving campaign.

Distracted driving is not just texting or using your cell phone. Just a few seconds spent changing the music or reaching for a drink can cause drivers to lose control. Zullo highlighted past tragedies where distracted driving resulted in the loss of life and encouraged teens to commit to safe driving to prevent accidents. He urged students and parents to spread information to others.

“As we approach prom season, it’s more important than ever that ALL drivers realize that just a few seconds behind the wheel can change a life,” said Matthew Zullo. “I’m glad to be here working with students, parents, and teachers to raise awareness of this critical issue.”

“NYSTLA members see firsthand the devastation that can result from inattentive driving and how much it would help if people focused on safety,” said Michael Jaffe, President of the New York State Trial Lawyers Association. “This makes us the perfect fit to discuss these issues with others. NYSTLA is taking part in this program to give back to our community, to help make it safe and to try to prevent unnecessary and harmful accidents. Educating teens about the dangers of distracted driving is one of the best ways we’ve come across to help make that happen. We’re trying to stop the disaster before it happens.”

Pennsylvania trial lawyer Joel Feldman started the distracted driving campaign after his twenty-one year old daughter Casey was struck and killed by a distracted driver in 2009. The campaign focuses on a powerpoint presentation containing the stories of victims of distracted driving and engages students on improving their own driving ability. Trial lawyer associations from across the country, including Rhode Island, Indiana and Pennsylvania have joined the End Distracted Driving campaign to educate teens on safe driving. Nearly 50,000 students across the country have viewed the presentation.

ABOUT THE NEW YORK STATE TRIAL LAWYERS ASSOCIATION
Founded in 1953, NYSTLA’s thousands of members work to promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers. NYSTLA works to assure that the wrongfully injured will have full access to the civil justice system. The organization is dedicated to the preservation of federal and state constitutional rights to trial by jury. NYSTLA fights to see that injured people are not barred from the civil justice system; that wrongdoers are not immunized from liability; that juries are free to determine the proper amount of compensation without arbitrary legislative interference; and that obstacles are not placed in the way of litigating all meritorious claims.

Under Guise Of Providing Free Medical Alert Equipment, Scam Artists Attempt To Obtain Consumers’ Billing Information For “Monitoring” Fees; Schneiderman: Elderly New Yorkers And Their Relatives Should Be Aware Of And On The Alert For Scams

(ALBANY, NY)  – Attorney General Eric T. Schneiderman issued a warning to New Yorkers today after receiving information from multiple consumers about a scam targeting senior citizens with robo-calls advising that they have been “approved” for medical alert equipment at “no charge.” The message uses scare tactics to induce consumers to respond to the offer, warning of a “significant rise in the number of senior citizens suffering death and serious life-threatening injuries from a delay in response times for medical emergencies, fires, burglaries or even a simple fall.” The robo-call identifies the business as “Senior Medical Alert” or “Senior Medical Advisors” and attempts to obtain consumers’ billing information in order to charge those consumers $35 monthly for alleged “monitoring” services.

“Unfortunately, the elderly are disproportionately targeted by scam artists and are often the victims of fraud and abuse,” Attorney General Schneiderman said. “To prevent senior citizens from becoming victimized, we must educate them and their loved ones with information they can use to protect themselves.”

Consumers have also reported receiving subsequent, more aggressive and harassing calls from this organization in an attempt to obtain consumers’ billing information. The scammers appear to be operating from the Syracuse or Utica area, using telephone numbers with a 315 area code, including the following number: (315) 294-5936. The Attorney General is urging anyone who receives such a call not to provide the caller with any billing or other personal information.

During an undercover call conducted by the Attorney General’s Office, the representative provided a bogus address in Orlando, Florida, as the main headquarters of the alleged business and also claimed to be affiliated with the insurance company United Health.

Attorney General Schneiderman issued the following tips for seniors and other members of the public so they can avoid becoming victims of fraud:

• Never give out billing or other personal information over the phone, especially if you receive an unsolicited telephone call from a stranger
• Never cash a check from an unknown source, especially if you are being asked to wire a portion of the proceeds to a stranger
• Never wire money to someone you don’t know who contacts you; it’s the same as handing over cash

If you feel you’ve been a victim of this type of scam or any other type of consumer fraud, contact the Attorney General’s Consumer Helpline: (800) 771-7755.

Measure Prompted by Murder of Utica Woman by Career Rapist on Parole

(Long Island, NY) The New York State Senate today passed legislation to require certain violent felons to serve their maximum prison term if there is evidence that their release would pose an imminent threat to society. The bill (S.3871), sponsored by Senator Joseph Griffo (R,C,I – Rome), would help protect the public by keeping repeat offenders off the streets and limit “good behavior” and other rewards from reducing the time spent in prison.

In November, 2011 in Utica, 68-year-old Linda Turner was sexually assaulted and murdered by a paroled career rapist named Robert Blainey. He had been released early from prison due to merit time earned for good behavior while incarcerated, despite saying to the state Board of Parole, “Society is safer with me in prison,” among other foretelling statements.

“The rapist and murderer, Robert Blainey, made his evil mark in Central New York for which he will always be remembered,” said Senator Griffo. “But even before Blainey, it was clear that the system was flawed and had the potential for tragedy. I vowed that I would do everything in my power to advocate and pass the measures necessary to protect people of Oneida County and not let New York families, already victimized once by predators, to be victimized a second time by that system. Today in the Senate, we moved to show that no community anywhere in this state should have to endure the kind of fear that gripped Oneida County because of gaping holes in existing policies.”

Under current state law, Blainey was only required to serve two-thirds of his 1989 sentence of 12 ½ to 25 years with the merit time he had accumulated for good behavior while incarcerated. Even if the state Parole Board believed he was still a danger to society, they had no choice but to release him early so long as Blainey signed the conditional release terms.

The bill gives the state Board of Parole the authority to require certain violent felons to serve out their full prison sentences when the parole board finds convincing evidence that the release of the inmate would pose an imminent threat to society. The legislation also makes the earning of good behavior allowances for violent felony offenders contingent upon their not being an imminent threat to society upon release.

The bill was sent to the Assembly.

(Long Island, NY) The New York State Senate today passed a bill increasing penalties for people who sell drugs in playgrounds and parks. The bill (S.2173A), sponsored by Senator Martin Golden (R-I-C, Brooklyn), would further protect kids and their families from the dangers of people who prey on children.

“People who try to take advantage of our children should be dealt harsher penalties,” said Senator Golden. “We need to protect kids from the dangers of drug dealers, especially in places where they’re supposed to be safe – schools, parks, and playgrounds. This legislation expands on the work we have done in the past to protect kids from these predators in their schools and will hopefully make playgrounds and parks totally off limits to drug dealers.”

Current New York State law penalizes people who sell drugs on school grounds or day-care centers and this bill expands that to include parks and playgrounds. Drug dealers who target children are especially dangerous to society and should be subjected to stiffer penalties for selling or trying to sell drugs to children in this manner. This legislation takes the next step in targeting drug dealers who lurk in parks and playgrounds in an effort to take advantage of children.

The bill has been sent to the Assembly.

(Long Island, NY) The New York State Senate today passed legislation that creates comprehensive safety requirements for children’s jewelry to prevent exposure to harmful materials. The bill (S3947), sponsored by Senator Mark Grisanti (R-I, North Buffalo), regulates heavy metals, magnets, and batteries in jewelry intended for use by children aged 12 and younger, consistent with the federal Consumer Product Safety Improvement Act.

“This legislation is another step in protecting our children from harmful substances,” Senator Grisanti, Chairman of the Environmental Conservation Committee, said. “Our children are the most important parts of a parent’s life, parents do all they can to shield and protect them. However, their growing bodies are much more vulnerable to harmful substances. This legislation will help protect all our children from exposure to many of these substances contained in children’s jewelry.”

Children can be exposed to harmful substances in jewelry by accidentally swallowing a piece of jewelry or by putting it in their mouth. When the jewelry becomes bitten, scratched, or damaged – which is likely with continued use by young children – exposure risk increases.

Senator Grisanti’s bill, the Comprehensive Children’s Jewelry Safety Act, would require all children’s jewelry manufactured, sold or distributed in New York to meet the standards recently adopted by the American Society for Testing and Materials International (ASTM). The legislation incorporates the ASTM standard by limiting cadmium, lead, heavy metals, and nickel, and enacts new requirements for magnets and batteries in jewelry designed or intended primarily for children 12 and under.

New York, as one of the centers of the U.S. jewelry industry, would join Rhode Island as the second state to adopt the federal standard for children’s jewelry safety.

The bill has been sent to the Assembly.

(Albany, NY)  Senator Kevin Parker’s legislation Senate Bill No.1642A passed the Finance Committee and is on the calendar for a vote.  This is the Senator’s second bill on the legislative calendar this session (the first bill was S.1615).  Senate Bill 1642A encourages the use of real time pricing smart metering for residential consumers. Through the deployment of smart meters, consumers will be able to make informed decisions about their energy use.

Senator Kevin S. Parker

“I am very proud to promote the use of smart meters in New York.  This bill will allow New York consumers to make informed decisions about their energy usage, possibly reduce costs, improve customer service and power outages among utility service providers, and benefit the environment,” said Senator Parker.

Smart Meters are already implemented in Florida, Texas, California, Idaho, Arizona, Oklahoma, Michigan, and Nevada.  The legislation will give consumers the options to participate in New York.  Smart meters will enable consumers to view home electricity use in easy to read graphs. Armed with a better understanding of energy use, consumers will be able to make informed decisions on how to manage and control their electricity consumption. Smart meters will ensure that energy bills are based on actual, rather than estimated use.  The meters will reduce the need for utility meter readers to come to a consumers home and also have capability for wireless meter reading and net metering.

Smart metering is a proven way to make New York more energy efficient and keep rates affordable for consumers,” said David VanLuven, Policy Director of Environmental Advocates of New York. “With carbon pollution in the atmosphere doubling to historic levels, it is critical New York show leadership. We applaud Senator Parker for moving his bill through the legislative process, and look forward to working with the senator and his colleagues to make New York a leader in energy efficiency and modernizing our power grid.”

“As the Energy and Telecommunication Committee Ranking Member it is important for me to make sure New York has the newest and most efficient technologies to reduce our costs and carbon footprints,” continued Parker.  “Smart meters have been very successful in other states and I look forward to promoting this technology here in New York” concluded Parker.

About Senator Kevin Parker
Senator Kevin S. Parker is intimately familiar with the needs of his ethnically diverse community in the heart of Brooklyn that consists of 318,000 constituents in Flatbush, East Flatbush, Midwood, Ditmas Park, Kensington, Windsor Terrace, and Park Slope.  He is the Ranking Member of the Senate Energy and Telecommunications Committee, Assistant Democratic Leader for Intergovernmental Affairs, and Chair of the Democratic Task Force on New Americans.

(Long Island, NY) The New York State Senate today passed a bill that would increase the fines for passing a stopped school bus. The bill (S.1064), sponsored by Senator George Maziarz, also requires criminal penalties for drivers who injure or kill a person by doing so.

“On average, 36 children a year die because of pedestrian accidents and injuries caused when a motorist illegally passes a stopped school bus,” said Senator Maziarz. “These statistics and others are a clear demonstration that strengthening the penalties for these accidents is a necessity. This legislation will not only help deter drivers from committing these acts, but it will go a long way in ensuring the safety of children.”

The bill significantly increases the fines for passing a school bus. The maximum fine for a first offense would increase from $400 to $700. The maximum fine for a second offense would be $1,500.

This legislation also requires that if a driver injures someone while passing a school bus, the driver would be charged with aggravated vehicular assault. The charge would be criminally negligent homicide if the person is killed in the incident.

More than 40 percent of school bus-related fatalities include pedestrians. These increased penalties are intended to further deter drivers from passing stopped buses.

This bill has been sent to the Assembly.

33-State Settlement Resolves Claims That Penguin Colluded With Other Major Publishers And Apple Inc. To Fix The Prices Of Electronic Books; Schneiderman: E-Book Consumers Are Protected By Our Laws, And Efforts To Circumvent Those Protections Will Not Be Tolerated By My Office

(NEW YORK) – New York State Attorney General Eric T. Schneiderman today joined 32 other states in announcing an antitrust settlement with Penguin Group (USA) Inc. The settlement requires Penguin to pay $75 million to resolve the States’ claims that Penguin colluded with other major publishers and Apple Inc. to fix the prices of electronic books (E-books). NY consumers are eligible for refunds of about 11.7 million from this and previous settlements.

The agreement with Penguin must be approved by the U.S. District Court for the Southern District of New York. Following court approval, consumers nationwide – including those represented by the attorneys general of the 33 states and territories and those represented by private counsel in a related class action – will receive $75 million in compensation. In addition, injunctive provisions included in the settlement ensure that E-book retailers will have greater freedom to reduce prices of E-book titles going forward.

“E-book consumers are protected by our laws and efforts to circumvent those protections will not be tolerated by my office. Today’s and earlier settlements provide restitution to consumers harmed by the price fixing of E-books orchestrated by the five publishers and Apple,” said Attorney General Schneiderman. “The settlements provide injunctive relief designed to prevent future anticompetitive conduct by E-book retailers and to restore competition to the E-book market.”

It was alleged by the states in the lawsuit that the 5 E-book publishers and Apple agreed in 2010 to go to any agency model for the sale of E-books. By using the agency model the publishers were able to set the prices of E-books and prevent discounting by E-book retailers like Amazon. Amazon had been selling many NY Times bestsellers at a $9.99 price point. The publishers and Apple-who entered the E-book business in 2010 wanted E-books sold at a higher more profitable price point.

The states had previously settled with four other E-book publishers. The settlements reached with Hachette Book Group Inc., HarperCollins Publishers L.L.C., and Simon & Schuster Inc., in August 2012, required the payment of a total of $69 million in consumer compensation. An agreement reached with Holtzbrinck Publishers LLC d/b/a Macmillan earlier this year resulted in a payment of $20 million on behalf of consumers. As a result of these five settlements consumers nationwide will receive a total of $164 million. New York E-book purchasers will receive approximately $11.7 million in compensation from the settlements.

The states’ antitrust action against Apple, Inc. based on the same allegations remains pending in the United States District Court for the Southern District of New York with a trial scheduled in June 2013.

For restitution purposes, most consumers will get a notice directly from their E-book retailers. In fact, as to the first 3 settlements-totaling $69 mill, these settlements have already been approved by the court and consumers have been notified that they are eligible for refunds from the first three settlements.

Additionally consumers can click here for information on the settlement.

States and territories participating in the settlement are: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, DC, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Nebraska, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Utah Vermont, Virginia, West Virginia and Wisconsin.

On behalf of New York State Attorney General’s Office, this case was handled by Assistant Attorney General Linda J. Gargiulo and Robert Hubbard, under the supervision of Executive Deputy Attorney General for Economic Justice Karla G. Sanchez.

(Long Island, NY) The New York State Senate today passed legislation (S4791), sponsored by Senate Majority Coalition Leader Dean G. Skelos, that would increase criminal penalties for sexual contact between a child and a person in a position of trust.

“It’s not possible for parents to be with their children every moment of the day, at some point they must be supervised by other adults, whether it’s day care, school, athletics or other group activities,” Senator Skelos said. “These adults are responsible for the children and they should be held to a strict standard of conduct. If they violate that trust, the adults should be punished to the fullest extent of the law.”

The bill would create the new crimes of sexual assault against a child by a person in a position of trust in the first, second, and third degrees, punishable by up to 15 years in prison. There are prohibitions in law against sexual contact with a minor, however the law does not increase penalties if the crime is committed by a person in a position of trust.

The law defines someone as a person in a position of trust when any person is charged with any duty or responsibility for the health, education, welfare or supervision of a child, either independently or through another person.

“When parents entrust their children into the care of another adult, the parents should be able to have a sense of security that their child will not be subject to any sexual contact while under that other adult’s supervision,” Senator Skelos said. “This bill would help ensure their safety and punish people who violate that trust.”

The Senate also passed legislation (S2017), sponsored by Senator Skelos, that would allow law enforcement agencies to disseminate to the public, information regarding Level 1 sex offenders.
Currently, law enforcement can provide information about Level 2 and 3 sex offenders, but not Level 1 offenders.

The bill also authorizes members of the public to provide an email address to the state Division of Criminal Justice Services so they can receive an email notification if a sex offender moves into their same zip code.

The Senate also passed legislation (S4113), sponsored by Senator Martin Golden (R-C, Brooklyn), that would prohibit criminals convicted of certain crimes from applying or participating in a home or center based child day care program.

Currently, felons can work in or volunteer at a day care program if the State Office of Children and Family Services – after conducting a criminal background check for convictions of certain crimes — feels that the individual’s criminal background does not jeopardize the health and safety of the children.

“There are more than 27,000 children in day care in New York State and we have to ensure that they are being cared for in a safe environment,” Senator Golden said. “However, a loophole exists that would allow people with histories of crimes such as the sexual abuse of children, to work in a day care setting. When someone is charged with the daily care of young children, we should not be taking chances and potentially placing them at risk. This bill would help protect kids from potentially dangerous individuals.”

This bill expands the list of offenses, resulting in a felony conviction, to include: assault, homicide, strangulation, sex, kidnapping, obscenity and sexual performance by a child. The bill also removes the Office of Children and Family Services’ existing discretion to permit criminals to participate in day care programs.

The bills were sent to the Assembly.