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Read Judge Dale Ho’s Ruling in the Eric Adams Corruption Case

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Read Judge Dale Ho’s Ruling in the Eric Adams Corruption Case

Case 1:24-cr-00556-DEH Document 177 Filed 04/02/25
Page 40 of 78
of the leave-of-court requirement in Rule 48(a) is to enable a court to inquire into whether the
dismissal should be with prejudice”).
The Second Circuit has thus far declined to “rule out discretionary dismissals with
prejudice” in similar contexts. Hilbert v. Dooling, 476 F.2d 355, 361 (2d Cir. 1973); see also id.
at 363 (Friendly, C.J., dissenting) (stressing “the district judge’s discretion” under Rule 48(b) “to
dismiss either with or without prejudice as he deemed appropriate”). But the “Circuit has not
specifically addressed” under what circumstances, if any, a court may dismiss an indictment with
prejudice notwithstanding the government’s request that dismissal be without prejudice. United
States v. Hernandez-Hernandez, No. 18 Crim. 30, 2018 WL 4765129, at *2 (W.D.N.Y. Sept. 13,
2018), report and recommendation adopted, 2018 WL 4762255 (W.D.N.Y. Oct. 2, 2018).
In exercising their discretion to dismiss with prejudice under Rule 48(a), courts have
generally looked to the same principles that motivate the “leave of court” requirement. In district
courts for the District of Columbia, where Rule 48(a) is “routinely applied . . . to consider dismissal
with prejudice,” courts “take into account (1) the purpose of the government’s dismissal, (2) the
presence or absence of good faith, and (3) the objective effect that dismissal without prejudice
would have on the defendant.” United States v. Madzarac, 678 F. Supp. 3d 42, 48 (D.D.C. 2023).
Courts in this District have had less occasion to consider the question, but they have tended to look
to whether there is a risk of prosecutorial harassment from re-charging of the offense(s) or whether
there is evidence of bad faith on the part of the prosecution. See, e.g., Doody, 2002 WL 562644,
at *2 (explaining that “[c]ourts dismiss cases under Rule 48(a) with prejudice or deny such motions
19 (D.D.C. 2015); Poindexter, 719 F. Supp. at 10-12; United States v. Angilau, No. 08 Crim. 431,
2012 WL 346446, at *14 (D. Utah Feb. 1, 2012), aff’d in part, appeal dismissed in part, 717 F.3d
781 (10th Cir. 2013); United States v. Wecht, No. 06 Crim. 26, 2008 WL 65605, at *5-6 (W.D. Pa.
Jan. 4, 2008); Government of Virgin Islands ex rel. Robinson v. Schneider, 893 F. Supp. 490, 498
(D.V.I. 1995); United States v. Rossoff, 806 F. Supp. 200, 202-03 (C.D. Ill. 1992); United States
v. Fields, 475 F. Supp. 903, 904, 908 (D.D.C. 1979).
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New York

9-Year-Old Hit and Killed by School Bus in Brooklyn

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9-Year-Old Hit and Killed by School Bus in Brooklyn

A 9-year-old boy died Friday morning after a school bus hit him while he was crossing the street in Brooklyn, the police said.

The child, who has not been identified pending notification of his family, was struck around 8:18 a.m. at the intersection of Lee Avenue and Lorimer Street in the Williamsburg neighborhood as the bus driver turned left, the police said.

The boy was “unconscious, unresponsive” and had injuries to his head and body when the police arrived, officials said. Paramedics responded and transported him to Woodhull Hospital, where he was pronounced dead.

The police said the bus driver left the scene but returned; it was not immediately clear why.

In February, another child was killed by a school bus while crossing a street in Brooklyn, in the Bath Beach neighborhood. Amira Aminova, 11, had been waiting at the edge of an intersection when the pedestrian signal turned from a walk sign to a flashing red hand with a countdown timer, according to surveillance video. She started running across the crosswalk.

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The bus driver appeared to have a green light, and began to make a right turn. Amira was halfway through the intersection by then, but the driver failed to yield and struck her.

Mayor Zohran Mamdani sent his condolences to the child’s family in a post on X on Friday, saying that he was “devastated” by the incident.

“Children should be safe walking around our city,” Mr. Mamdani wrote. “This horrific road death is a painful reminder that we must continue to use every tool available to make our streets safe for all New Yorkers.”

Lincoln Restler, a City Council member, said he was “heartbroken” about the accident that occurred in his district.

“This is one of the busiest intersections in Williamsburg, and I have requested that city agencies immediately make safety improvements,” Mr. Restler said in a statement.

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Mr. Restler said he had asked the city’s Department of Transportation to expedite painting new markings at the intersection, which he said was recently under construction and lacked crosswalks and street markings. He also asked the department to analyze crosswalk signal timing for pedestrians and to make the signals longer to give people more time to walk.

“I have also asked the N.Y.P.D. to station a crossing guard here to help children cross safely,” Mr. Restler said.

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Protesters Tried to Block an Eviction. But Was It a Case of Deed Theft?

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Protesters Tried to Block an Eviction. But Was It a Case of Deed Theft?

When activists gathered last week outside a townhouse in Brooklyn, ready to block law enforcement officers from carrying out an eviction, they were there to fight back against something larger than just one case: the nefarious practice of deed theft, which appears to be on the rise in New York City.

The protest and the ensuing arrests of several people, including the local city councilman, underscored just how fraught the topic is, particularly in historically Black areas of the city that are now rapidly gentrifying. Mayor Zohran Mamdani last week created an office dedicated to fighting deed theft.

But while the episode, in the Bedford-Stuyvesant neighborhood, reflected concerns about a very real problem, the specifics of the case involving the townhouse are anything but clear.

The office of the attorney general, Letitia James, said the case was not an example of deed theft. (When asked about that determination, Ms. James herself said, “It emanated from deed theft”; a spokesman later clarified that she had been referring to the protest and not the case.)

The fact that a woman, Carmella Charrington, was living in the home, which her father had partly owned for decades, is not in dispute. Neither are the facts that an eviction case against Ms. Charrington began nearly two years ago and that she was recently jailed in connection with a separate civil case related to custody of her father, who is 84 and a ward of the State of Georgia.

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Still, comments from a number of high-profile city leaders have been confusing and contradictory. The councilman who was arrested, Chi Ossé, has said deed theft took place. So have State Senator Jabari Brisport; Brad Lander, the congressional candidate and former comptroller; and a host of others.

What is the truth? Public records reveal a sad and complicated saga involving several court cases and law enforcement agencies, and spanning generations and at least two states.

The term “deed theft” is used to describe fraudulent behavior that can result in longtime homeowners’ losing the rights to their homes. The New York State attorney general’s office received more than 500 complaints of deed theft in New York City last year, more than in the previous two years combined.

The practice can involve thieves misrepresenting themselves as brokers or lenders and tricking someone into signing documents that transfer ownership. Many thieves target older people, sowing confusion over complicated property records or exploiting their trust.

After taking control of the home, the new owner could look to sell it for a profit, rent it out at a high rate, or take out a loan against the property to buy something else.

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The home at the center of the current debate, at 212 Jefferson Avenue, is a three-story brownstone that was built in 1909, according to Landmarks Preservation Commission records.

At some point in the 1980s, it was owned by two people, property records show: Allman Charrington, Ms. Charrington’s father, and Gertrude Keene, Ms. Charrington’s great-aunt.

Ms. Keene later transferred her share of the property to Clinton Morrison, her son, who in turn passed it to his children when he died.

As recently as 2024, the property was owned jointly by several Morrison children and Mr. Charrington, according to the records.

In 2020, with Mr. Charrington’s health declining, two of his daughters, including Carmella, filed a petition in probate court in Fulton County, Ga., asking for a court-appointed guardian and conservator to manage his affairs “by reason of mental disability,” according to court records. (Mr. Charrington traveled frequently between New York City and Georgia, where some of his relatives lived.)

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Ms. Charrington asserted in the filings that she wanted to be the conservator, saying that her father’s wife, Karen Charrington, was not looking after his best interests. Court records indicate that Mr. Charrington’s wife had signed his property into her name and transferred thousands of dollars out of his bank account. His wife insisted that she had not acted nefariously, but she agreed to return the money and restore the deed, the records show.

Ultimately, the court appointed a lawyer, Luanne Bonnie, in 2021 to be Mr. Charrington’s conservator and to help him manage his property. The court records say that the parties agreed to Ms. Bonnie’s appointment.

Court records filed in Brooklyn show that in 2019, the Morrison family wanted to sell the Bedford-Stuyvesant home, putting them at odds with Mr. Charrington. Mr. Charrington fired back in court papers that he wanted to be reimbursed for money he had spent over the years on property taxes and maintenance. Both parties failed to show up at court dates and the case was never resolved.

But several years later, with Mr. Charrington under a conservatorship, the probate court in Georgia gave Ms. Bonnie permission to sell the property. In an October 2022 order, Judge Barbara J. Koll said that at least a dozen possible buyers had shied away in previous years because of “the legal difficulties surrounding the existing tenants of the property.” The property had been for sale since 2018, the judge said; it is unclear who listed it, given Mr. Charrington’s opposition.

Property records show that the home was sold in January 2024 to a limited liability company called 227 Group, about which not much is publicly known.

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Ms. Charrington, 54, who grew up on the block — in the townhouse and another relative’s home across the street — called the sale fraudulent and unlawful.

She asserts that her father was taken advantage of, and says she brought him to New York in November 2023, without the permission of the state of Georgia, and put him into hiding. She also says that Ms. Bonnie was “unlawfully appointed” and had not followed the proper procedures before agreeing to the sale.

“I think that everything will be able to be peeled back and things will become more concrete,” Ms. Charrington said in an interview. “We want to expose them. I’ve been screaming out for two years that this is deed theft.”

But a lawyer for the Georgia Department of Human Services said in a March 2025 court filing that Ms. Charrington and other relatives had “essentially kidnapped” her father, and were “detaining him against his will.”

Ms. Charrington is still living in the townhouse. It remains unclear where Mr. Charrington is, but his daughter said he was staying with friends and relatives in the New York City area.

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She recently posted a video of her father on social media, in which he says he is safe and wants to be left alone.

According to records filed with the New York Secretary of State, 227 Group is associated with the investors Simon Blitz and Daniel Gazal. Property records list one of its leaders as Andrew Kastein, who is also associated with the investment group P11 Management.

One point of intrigue is that the property records appear to show that 227 Group shares an address with another limited liability company, Brooklyn Gates. That company is linked to a group of investors known to target properties in gentrifying, historically Black and Latino neighborhoods like Bedford-Stuyvesant.

An investigation by the news website The City found that while Brooklyn Gates’s practices were largely legal, the company had ended up displacing “dozens of longtime city residents.”

Property records indicate that Brooklyn Gates had moved to buy the townhouse at 212 Jefferson Avenue from the Morrison children in 2021. Video and photographs that Ms. Charrington provided to The New York Times show a man, who Ms. Charrington said is one of the owners of Brooklyn Gates, trying to gain entrance to the property, and then leaving when Ms. Charrington threatens to call the police. The contract was later canceled, and the sale did not go through.

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Through a spokesman, 227 Group denied any association with Brooklyn Gates, saying it had been made aware that the property was for sale by a lawyer for the Morrisons and Ms. Bonnie.

The company said in a statement that it had never interacted directly with the Morrison family or with Ms. Bonnie. It also said it does not share an address with Brooklyn Gates, and that the fact that the property records show the same address for both entities stemmed from a filing error.

“We are weighing our legal options against those who are spreading the false and malicious ‘deed theft’ narrative,” the statement reads.

The company said Ms. Charrington had continued “to illegally occupy the property rent-free for over two years” and had prevented representatives of the company from gaining access to it.

Before the protest, neighbors and activists had been keeping watch outside the home for months in case officers showed up to evict Ms. Charrington. But the conflict last week involving Mr. Ossé, who said he sustained a concussion after officers wrestled him to the ground for blocking the gate, put a public spotlight on her story.

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The announcement of the city’s new office to fight deed theft — though it was already planned when the protest took place — also fueled interest in the case.

And Mr. Ossé has continued to publicly push Gov. Kathy Hochul to issue a moratorium on evictions in cases where deed theft is suspected.

“The community has come together in a way that shows that they are scared,” said William McFadden, Ms. Charrington’s son, who also lives at the Bedford-Stuyvesant house. “How did so much deed theft happen under our noses?”

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Computer Outage Disrupts Student Exams in New York State

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Computer Outage Disrupts Student Exams in New York State

Thousands of students across New York State this week were unable to finish annual standardized tests after a technological issue disrupted the computer-based exams for the second consecutive year.

Students in grades three through eight from Buffalo to New York City encountered error messages on Wednesday when they tried to log in to their math or English language arts exams, which do not affect students’ ability to advance to the next grade. While some could sign in and complete the tests, others were kicked offline, frustrating students, teachers and parents.

For the past three years, New York State has been transitioning to digital exams, with this spring marking the first time that every student in those grades had to take them on a computer. So when students encountered issues on Wednesday, there were no paper exams available as a backup.

The developer of the state test, NWEA, an educational testing and research group, said it had worked overnight to identify the source of the disruption, which was identified as a problem with a server, and repaired it before school started on Thursday.

After problems emerged a year ago, the company pledged that it would not happen again. The New York State Education Department has awarded $116 million in contracts to NWEA to develop the untimed, federally required assessments.

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The repairs this week came too late for many New York City students who were taking the math portion of the state assessment. Education officials in the city had advised principals on Wednesday not to reschedule the math test for the next day out of concern that the system could remain offline.

But some schools resumed the math exams on Thursday after the outage had been resolved, said Dominique Ellison, spokeswoman for the Department of Education. The remaining schools will administer the test in the coming days.

“I know this issue has been challenging and frustrating for schools, students and families who have been working hard in preparation for these exams,” Kamar Samuels, the schools chancellor, said on Wednesday night at a meeting of the Panel for Educational Policy, an oversight group.

It was unclear how many students in New York State had to scrap the exams, but the disruption appeared to be widespread. JP O’Hare, a spokesman for the New York State Education Department, said that 116,000 students had taken the tests on Wednesday without problems.

It was also unclear how many students were scheduled to take the exams on Wednesday because school districts have a window of several weeks in April and May in which they can administer the tests. There are about a million third-through-eighth-grade students in the state.

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On Wednesday, Buffalo Public Schools stopped all math exams for students, while more than 1,600 students at Zeta Charter Schools in New York City had to give up on their English language arts assessments.

“The current system is failing, creating unnecessary challenges for students, teachers and administrators,” Emily Kim, the chief executive of the charter school network, said. “Our students deserve a testing experience reflecting the same level of preparation, care and accountability we ask of them.”

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