In The News

New York Illegal Weapons Possession Plea For Ex-Giant Burress

August 24, 2009 | Mark Siesel

Plaxico Burress, the 32 year old ex-New York Giant wide receiver who caught the winning touchdown pass in Super Bowl 42, pled guilty on August 20th to attempted weapons possession and will serve two years in prison. Burress, who will be sentenced on September 22nd, took the plea to avoid a mandatory 3 1/2 year sentence if he was convicted of NY illegal weapons possession arising out of his arrest last November when he accidentally shot himself in the leg with an unlicensed Glock automatic pistol.

Prior to the plea deal, Mr. Burress testified before a grand jury, during which he admitted to possessing and firing the pistol. In most cases, defendants are advised to not testify before a grand jury, as it provides the prosecutor with an opportunity to obtain damaging admissions prior to trial.

After his sentencing on September 22nd, Mr. Burress will reportedly be sent to Downstate Correctional Facility in Fishkill, a maximum security prison, to determine where he should be incarcerated. With good behavior, Burress can reduce his sentence by three and a half months.

Ex-New York Giant Burress Testifies Before Grand Jury

July 30, 2009 | Mark Siesel

In a follow up to an article we published last December, former New York Giants wide receiver Plaxico Burress testified before a grand jury yesterday on a New York illegal weapons charge. Burress was charged with two counts of illegal weapons possession last December after an incident in the Latin Quarter Nightclub when he accidentally shot himself with a Glock semiautomatic pistol he had in his waistband.

Pursuant to Section 265 of the New York Penal Law, the illegal weapons charges could land Burress in prison for up to 3 1/2 years, and apparently, Manhattan District Attorney Robert Morgenthau is insisting on jail time for the ex-star. Burress has been out on $100,000 bail since last December, and there was widespread speculation that Burress would work out a plea deal in which he would not have to serve any jail time. However, since the DA’s office is pushing for a jail sentence, Burress decided to take his chances and testify before the grand jury, which will decide whether to indict Mr. Burress on the charges.

Putnam County Manslaughter Charge In Brewster DWI Crash

June 20, 2009 | Mark Siesel

Conses Garcia-Zacarias, the Southeast man who was behind the wheel of a Ford F350 pickup that killed a mother and daughter in Brewster on June 8th, has been charged with first degree vehicular manslaughter, a felony, and driving while intoxicated, a misdemeanor. Garcia-Zacarias allegedly drove the vehicle with a BAC (blood alcohol content) of 0.15 percent, well in excess of the legal limit of 0.08 percent, when he struck Lori Donohue, 37, and her eight year old daughter Kayla, as they were leaving the Seven Stars School of Performing Arts on Rt. 6 in Brewster at 6:30 PM on June 8th. Garcia-Zacarias does not have a license and is in the United States illegally, according to authorities.

The Ford truck is owned by Valerie Ann Renihan, a northern Westchester horse trainer, who has claimed through her attorney that Mr. Garcia-Zacarias stole the keys and did not have permission to drive the vehicle. However, the lawyer did acknowledge that Mr. Garcia-Zacarias, who listed his occupation on a bail form as “horse farm”, had done work for Ms. Renihan in the past.

This case has stirred debate over the twin problems of illegal immigration and unlicensed operation of a motor vehicle, especially in light of calls over the last several years to provide a path to citizenship for those who are here illegally and must operate a vehicle to go to work. Prior to his fall from grace, Governor Elliot Spitzer had offered a proposal for various types of licenses in New York State, which recognized the fact that many undocumented workers are driving vehicles and should be properly trained to do so. However, those proposals died out when Spitzer was forced to resign early last year.

Representatives of Mothers Against Drunk Driving (MADD) contend that the issue is not undocumented laborers operating motor vehicles, but rather the need for stricter enforcement and penalties for New York DWI’s in that this tragedy could just have easily been caused by a United States citizen or legal resident as an undocumented worker.

Mr. Garcia-Zacarias is being held without bail at the Putnam County jail. He will be represented by Putnam County Legal Aid, according to chief attorney Patrick Brophy. The federal Immigration and Customs Enforcement has filed a detainer against Garcia-Zacarias, and in all likelihood, he will face removal (deportation) proceedings at the completion of any criminal sentence against him if he is convicted, or immediately if the charges are not proven.

New Rochelle Doctor Charged With Larceny

June 9, 2009 | Mark Siesel

Michael Palmieri, an orthopedic surgeon with offices in New Rochelle and the Bronx, was indicted last week on charges that he assisted a former Sing Sing correctional officer defraud the Workers’ Compensation Board out of $40,000. The charges are 3rd degree grand larceny, which is defined as stealing property with a value of more than $3,000, and Fraudulent practice under the Worker’s Compensation Law. The New York grand larceny charge is a felony with a maximum sentence of up to 7 years in prison.

Palmieri is accused of helping former state correction officer Leo Coletti file false injury claims of over $40,000 to the State Insurance Fund between 2004 and 2006. Specifically, it is alleged that Dr. Palmieri prepared and filed false medical reports which claimed that Coletti was unable to work subsequent to September of 2000, when Coletti became Palmieri’s patient. However, according to prosecutors, Coletti in actuality had a thriving general contracting and home renovation business during this time, and was renovating Palmieri’s office and home while collecting Workers Compensation benefits.

Mr. Coletti pled guilty to grand larceny and tax fraud in 2006, and was sentenced to five years probation and ordered to pay back taxes and reimburse the Workers’ Compensation Board. Prosecutors alleged that Coletti collected more than $110,000 in benefits and compensation while earning close to a million dollars in his home improvement business during the same period. It is unclear why it took three years after Coletti’s guilty plea to charge Dr. Palmieri.

Dr. Palmieri was released without bail and is due back in Court on June 26, 2009.

Hendrick Hudson H.S. Student Charged With Rape

June 6, 2009 | Mark Siesel

A 15 year old student at Hendrick Hudson High School has been charged with raping a schoolmate earlier this year at the school in Montrose, New York. The New York first degree rape charge is a Class B felony under the New York Penal Law punishable by a sentence of up to 25 years in prison. State police arrested the unidentified teen on May 18 and indicated that the decision whether he would be prosecuted as an adult will be determined by the Westchester District Attorney’s Office.

The girl reported the rape to her guidance counselor early last month, and school officials contacted police. The victim stated that she had been fondled and then raped in a school bathroom. There is no indication that the teen had a criminal record, but this is still under investigation.

The alleged assailant was held at the Woodfield Cottage Juvenile Detention Center in Valhalla until May 29, 2009, when he was released on $50,000 bond. The case is presently being prosecuted in criminal court, but as the suspect may be charged as a juvenile offender, it may be transferred to the Westchester Family Court.

NY Homicide Charge For Cortlandt Driver in Boy’s Death

April 25, 2009 | Mark Siesel

A Westchester County grand jury has indicted Thomas Chadeayne, of Cortlandt, on a charge of criminally negligent homicide in the death of 11 year old Michael Cody last August. The indictment arises out of an tragic accident which occurred on the Saw Mill River Parkway on July 30, 2008. Mr. Chadeayne was allegedly driving southbound on the Saw Mill when he attempted to make an an illegal U-turn onto the northbound lanes of the parkway near the county police headquarters in Hawthorne. Chadeayne’s vehicle was rear ended by another driver, and pushed into the northbound lanes, where it struck a vehicle being operated by Michael Cody’s uncle, John Predham, who was driving back home after the family had attended a Yankees game.

Micheal Cody suffered a serious head injury in this New York fatal motor vehicle accident, and died 6 days later from complications of the injury on August 5, 2008. Two other family members in the Predham vehicle were not seriously injured.

Mr. Chadeayne was arraigned on April 23rd, pled not guilty, and released on $10,000 bail. The indictment was issued after a several month investigation by the Westchester County Police and the District Attorney’s Office. According to his attorney, Mr. Chadeayne has no criminal record and is the married father of two handicapped children.

Ex-Cops Get Life In Prison For Mob Hits

March 25, 2009 | Mark Siesel

Former New York police detectives Stephen Caracappa and Louis Eppolito were sentenced to life in prison this month for their involvement in eight mob executions as employees of the Luchese crime family. Eppolito was sentenced to life in prison for the New York conspiracy, in addition to 100 years for offenses including money laundering, and he was fined $4.7 million. Caracappa was handed a life sentence plus 80 years, and must pay a fine of $4.2 million.

The two ex-cops were partners in New York City and were on the job for a combined 44 years. They were found guilty of secretly being on the payroll of Luchese underboss Anthony “Gaspipe” Casso beginning in the 1980’s, and would use their police credentials to make traffic stops that resulted in the murder of the driver. Apparently, the two former detectives also kidnapped a man suspected in a mob hit against Mr. Casso and delivered the man to Mr. Casso, who has been accused in 36 killings. Their murderous scheme came to an abrupt end in 2005, when Caracappa and Eppolito were arrested in a drug sting in Las Vegas, where they had both retired.

At the sentencing, both men continued to deny their guilt, and Eppolito probably did not engender any good will with legendary U.S. District Court Judge Weinstein when he claimed: “I was a hard working cop…I never hurt anybody…I never kidnapped anybody…I never did any of this.” A son of one of the eight murder victims stated to Caracappa and Eppolito: May you have a long life in prison.”