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Suffolk County Police Benevolent Association

Suffolk County Executive-elect Ed Romaine condemns the Clean Slate Act, which Gov. Kathy Hochul signed into law last week. Photo by Raymond Janis

A new state law has public officials from Suffolk County up in arms.

Gov. Kathy Hochul (D) signed the Clean Slate Act on Thursday, Nov. 16, which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration. The law automatically seals certain criminal records after a required waiting period — three years after conviction or release from jail for a misdemeanor and eight years after conviction or release from prison for a felony — if the criminal has maintained a clean record, is no longer on probation or parole and has no other pending charges.

The legislation still provides access to sealed records “for certain necessary and relevant purposes,” such as law enforcement, licensing or employment for industries requiring a background check, employment in jobs interacting with children, the elderly or other vulnerable groups and application for a gun, commercial driver’s license and public housing.

The state Assembly passed the bill in June 83-64, with the Senate also upvoting the measure 38-25. In a signing ceremony, Hochul referred to the bill as a means for creating jobs and deterring recidivism among convicted felons.

“My number one job as the New York State governor is to keep people safe,” she said. “And I believe that the best anti-crime tool we have is a job.”

She added, “When people have steady work, they’re less likely to commit crimes and less likely to be homeless.”

New York becomes the 12th state to enact Clean State legislation, according to the governor’s website.

Homegrown opposition

State and local officials joined first responders and crime advocates outside the Suffolk County Police Benevolent Association headquarters in Brentwood on Friday morning, Nov. 17, blasting the measure as out of touch with the needs of residents.

Suffolk County Executive-elect Ed Romaine (R) acknowledged that there are cases in which records should be sealed but suggested these matters should be considered on a case-by-case basis and determined through the court system instead of the legislative process.

“I think it should be up to the judges,” he said. “I don’t think [sealing criminal records] should be automatic. I think this bill is not the right thing to do, and I think it does weaken the criminal justice system.”

New York State Sen. Dean Murray (R-East Patchogue) reiterated Romaine’s sentiments: “A clean slate, carte blanche for everyone — that’s just plain dangerous.”

State Assemblyman Steve Stern (D-Dix Hills) said that while he believes in second chances for convicted criminals, the bill exempts only a “small list” of criminal offenders.

“It doesn’t take into account nearly all the types of egregious crimes that impact so many victims, their families and our entire community,” he said. “Manslaughter, armed robbery, terrorism offenses, hate crimes … these are cases where there’s been due process, where there’s been convictions and sentencing.”

The state assemblyman added, “In these kinds of very troubling times, employers, employees, victims, families, neighbors and community members … all have the right to know.”

State Assemblyman Ed Flood (R-Port Jefferson) said the bill would exacerbate the conditions of the opioid epidemic, expunging the criminal records of drug dealers who continue trafficking opioids throughout the county. He said financial criminals, such as Ponzi schemers and elder scammers, receive similar protections under the new law.

“People are entitled to a second chance, but it shouldn’t be us legislators doing this,” he said. “It should be through the judicial system.”

To learn more about the Clean Slate Act, please visit assembly.state.ny.us/cleanslate.

Slow down multifamily development in Port Jeff Station/Terryville

Certain multifamily housing project proposals are progressing too fast in the hamlets of Port Jefferson Station and Terryville.

In Port Jefferson Station, starting at the intersection of Terryville Road and Main Street (aka Route 112), traveling north there are proposals to build four multifamily housing communities.

Proposal 1 will be built at the shopping center where the post office is located. Proposal 2 will be built at the old Malkmes Florists on Oakland Avenue. Proposal 3 will be built on Cherub Lane. And Proposal 4 will be built adjacent to the railroad tracks on both the east and west side of Main Street. 

As a result of these proposed multifamily housing projects, our communities have requested an environmental impact statement and a comprehensive traffic study. Both requests have either been ignored or denied by the Town of Brookhaven.

This is not an anti-development letter. It is a shoutout to our Brookhaven elected officials to slow down the process of reviewing these proposed multifamily housing projects. 

It is time to perform the necessary studies to help us better understand how these proposed projects will affect the air we breathe, the water we drink and the current and future traffic patterns in our communities.

We have a right to breathe clean air, drink clean water and feel safe in our communities without worrying about increasing traffic on our neighborhood streets. It is time to complete the necessary studies so that we can better understand how these multifamily housing projects will affect our quality of life. 

Multifamily housing is not a cure all, and there are times when such projects cause detrimental quality-of-life issues that cannot be reversed.

Please slow down and complete the necessary studies.

Louis Antoniello

Terryville

Consider eminent domain for Maryhaven

In the United States, governmental bodies, at all levels from federal to a village, have an obligation to promote, and often provide, resources for the general welfare of their population. 

In Port Jefferson vacant land is becoming a precious resource for uses that could provide and promote our general welfare. To that purpose, governments have the authority to gain ownership of land through the process of eminent domain. 

Our village government held a public hearing on May 1 regarding a code change that would specifically allow a developer of the Maryhaven property to purchase the entire property, and construct as many as 192 condominium units. Special permission to do so is contingent on the builder’s willingness to maintain the outer walls of the existing historically important building known as the Maryhaven Center of Hope.

A building that was used for generations to help many in need — young children with severe disabilities, and later to house and aid those who required group living quarters, training for minimal paying jobs and other needs for their adult lives. 

Without dishonoring the building that served those with the greatest needs for survival, it is difficult to understand how the proposed code change aimed specifically at “saving” the Maryhaven building is achieved by gutting the structure for the creation of expensive condominiums, a clubhouse and a swimming pool within, all to serve a private luxury gated community.

How does the proposed code change honor those that spent their professional lives providing for those with the greatest needs for their survival?

The future of this land is of particular importance at a time when the effects of climate change, ushering in periods of rain beyond current capacity to mitigate the potential of severe flooding, threatens our fire department and, possibly in years to come, the accessibility of our current Village Hall. 

Now is the time to plan for a new Center of Hope with uses that promote and provide for the general welfare of those who follow us. The use of eminent domain to secure that property would honor the building and its grounds in service to the public, the fire department and village government operations.

Michael Mart

Port Jefferson

Local crime exposes bail reform dangers

In an effort to champion the successes of cashless bail, letter writer David Friedman cited a study done by the Data Collaborative for Justice [“Eliminating bail reduces recidivism,” TBR News Media, April 27]. Along the way he took the opportunity to make inaccurate personal assumptions about me, while criticizing respected Albany District Attorney David Soares [D]. In a clumsy effort to paint me as insincere, Friedman applies the term “crocodile tears.”

I’ve spent over three decades working with special needs and at-risk children ranging in age from preschool to high school. Responsibilities included teaching, meeting with parents and working with multidisciplinary teams that included probation officers, child protection specialists, social workers and psychologists. We had uplifting successes and heartbreaking disappointments. Tears, whether for joy or sorrow, were genuine.

Soares, shamefully silenced by his own party for condemning cashless bail, had a different take on much of the Collaborative Justice “data.” But an area where he could agree was the study’s very own “Summary and Conclusions.” Here were highlighted the dangers of “increased recidivism for people with substantial recent criminal histories.”

That terrifying scenario became reality in Suffolk County.

On April 24, Suffolk County District Attorney Raymond Tierney [R] announced the recent seizure of guns and narcotics: “Law enforcement was able to recover … approximately 268 grams of fentanyl, which could kill 134,000 people.’’

Tierney blamed bail reform laws: “Out of the 21 individuals arrested, we only got to seek bail on 11.” Consider that fact, knowing 350 of our neighbors died of fentanyl overdoses last year.

On May 11, Michael Lafauci, a six-year veteran assigned to the 6th Precinct’s Anti-Crime Unit, barely survived a gunshot wound. The alleged shooter was Janell Funderburke. Last August, he and three others were arrested after fleeing police, then crashing a 2018 BMW. Suffolk cops pulled them from that burning vehicle and, in the process, found a handgun and drugs.

Suffolk County Police Benevolent Association President Noel DiGerolamo linked Lafauci’s horrific wounding to what he considers New York’s failed bail reform law, saying this suspected gang member “should never been out on the street.” He continued, “An individual who one day is rescued by Suffolk County police officers … only … for him to attempt to kill one. This is what our leaders in Albany have created.”

Counting on those 10 enjoying a cashless bail release, as described by Tierney, after their drug bust to “reform”? Ask DiGerolamo, the two DAs and, most importantly, Officer LaFauci.

Jim Soviero

East Setauket

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The H. Lee Dennison Building lawn in Hauppauge was a sea of flags Oct. 4 as participants showed support for law enforcement officers across the state.

A few thousand people gathered around the war monuments in front of the Suffolk County building waving American, thin blue line and Trump 2020 flags at the “Back the Blue” rally organized by law enforcement associations and unions representing more than 80,000 law enforcement officers from the New York metropolitan region.

Suffolk County Police Benevolent Association President Noel DiGerolamo, Nassau County Police Benevolent Association President James McDermott, New York City Police Benevolent Association President Patrick Lynch, U.S. Rep. Peter King (R-NY2), family members of fallen officers and more were on hand to address the crowd during the two-hour rally.

Genesis Familia, of the Bronx, was one of the first speakers and was visibly emotional. Her mother, New York Police Department Detective Miosotis Familia, was killed July 5, 2017, by a gunman while she sat in her mobile police command post in the Bronx. The 12-year veteran was 48 years old.

“Ever since that night, my life has been somewhat of a living nightmare,” the daughter said. “My mother was targeted for her blue uniform that she proudly wore for over a decade.”

Familia remembered the last time she saw her mother alive when she asked her for another hug before saying goodbye. She said after her mother’s murder she has helped raise her younger brother and sister. Officers like her mother at times sacrifice time with their families to protect all New Yorkers, Familia said, and she wanted to remind everyone that police officers are “human beings with families and loved ones who need them to come home, just like I needed my mom to come home to me that night.”

Kathy Vigiano, president of Survivors of the Shield, an advocate group for fallen police officers’ widows and children, had a plea for the press to report the “real numbers” regarding crime. Vigiano is a retired police officer and the widow of Joseph Vigiano, a police officer who died in the line of duty on 9/11.

“How many times do police officers put their lives on the line to take illegal guns off the street?” she asked. “New York City police officers took 607 guns off the street in the month of September alone without incident.”

She said officers put their lives in danger every time they stop someone.

“He doesn’t know who he’s stopping,” Vigiano said. “He doesn’t know when he pulls you over for a broken light who you are, but we all know who he is. It’s his job to ensure our safety. It’s his job to come home to his family. To the criminals I say, ‘How dare you? How dare you put his life in danger resisting whether passively or violently.’”

According to a press release from Suffolk PBA, crime is up in the state. It cites national numbers as at mid-July where the number of cops killed in the line of duty was 32, an increase of 28% compared to the previous year’s numbers. It also cites the murder rate in New York City which was up by 50% in August, according to NYPD data.

“The number of police officers killed in the line of duty has surged 28% nationally, as anti-police rhetoric, protesting and riots continue across the nation,” the local PBA said in the release.

During the rally, attendees would sporadically chant, “Back the blue,” and play sirens and blow horns, while drivers passing by on Veterans Highway could be heard honking and shouting words of encouragement.