REPORTERS NOTEBOOK: Court Cases Followed by Talk of the Sound

CHANGES SINCE LAST PUBLICATION 4/5/22

• M, K et al vs. The Ursuline School of New Rochelle, motion to dismiss denied.
• Maria Derasmo vs. Peter Parente, held, no new appearance date scheduled.
• State of New York vs. Michael Vaccaro, seeks jury trial but NYS is still not allowing jury trials to COVID so held up.
• State of New York vs. Gillian Getlan, closed door conferences only but appearance dates in New Rochelle on April 19 and in White Plains on May 11.
• State of New York vs. Michael Thunderhorse (1 docket in New Rochelle, 1 docket in Greenburgh), successful appeal of Greenburgh FOIL denial, story with full details from Greenburgh.
• State of New York vs. Louis Apicella (docket on ShopRite larceny), certification of discovery not complete, no offer from DA acceptable to Apicella, demands jury trial.
• Ethan Jordan vs. City School District of New Rochelle assigned a next appearance date of May 13, 2022.
• Safiyy Robinson extradited to Connecticut, split dockets in New Rochelle and Stamford.
• State of New York vs. Mary Thomson, plea coming.
• United States of America v. Philip Colasuonno phone conference set for May 9; Colasuonno voluntarily dismissed two counterclaims asserted against the United States of America.

Court cases can drag on for years. Sometimes there is news from a court appearance that does not warrant a new article but may be of interest to readers following a particular case. We keep a paper notebook open on all these cases. We organize the list by next appearance date so we know when to be in court. Readers ask questions from time to time so we decided to periodically publish our notes on the cases we follow.

Our notebook are personal observations and notations and not indications of guilt. Persons accused of crimes are presumed innocent until a verdict determines otherwise.

If you notice a case missing or have questions contact us at robertcox@talkofthesound or via SMS/Signal 914-325-4616.

OPEN CASES, UPDATED AS OF 4/8/22

Next Appearance Date: Tuesday April 12, 2022

Next Appearance Date: Thursday June 16, 2022 9:30 AM

State of New York vs. Mary Thompson

Docket# CR-03010-21

ADA:

Defense Attorney:

Court: New Rochelle Criminal Court

Judge: Rice, Hon. Jared R.

Docket# 00562S-2021

Court: Westchester County Criminal Court

Judge: Minihan, Hon. Anne E.

Type: Criminal

Custody Status: Westchester County DOC

Custody ID Number: 0000262284

Keyword Description: Librarian Bank Robbery

Article: New Rochelle Librarian Caught by Police During Bank Robbery Blocks from NRPL

Last Appearance Date: (New Rochelle CR-03010-21) Thursday April 7, 2022 9:30 AM

Last Appearance Date: (Westchester 00562S-2021) Tuesday March 22, 2022

NOTES: split docket, defense lawyer said there would be a plea in Westchester Criminal Court 4/12/22.

Next Appearance Date: April 13, 2022 9:30 AM

State of New York vs. Michael Thunderhorse

Docket# CR-00969-22

Type: Criminal

ADA:

Defense Attorney:

Court: New Rochelle Criminal Court

Judge: Rice, Hon. Jared R.

Custody Status: Westchester County DOC

Custody ID Number: 0000263481

Description: Road Rage Stabbing

Article: Thunderhorse Pleaded Guilty to Domestic Violent Strangulation in Greenburgh; Next Day He Stabbed a Woman in the Abdomen in New Rochelle

Last Appearance Date: March 31, 2022 9:30 AM

NOTES: see also, Greenburgh Town Court DV Case.

Next Appearance Date: April 14, 2022 9:30 AM

State of New York vs. Nicholas Suppa

Docket# CR-04959-20; CR-04960-20

Type: Criminal

ADA:

Defense Attorney:

Court: New Rochelle Criminal Court

Judge:

Custody Status: ROR

Custody ID Number: N/A

Description: Gun, Heroin

Article: Routine Traffic Stop in New Rochelle Turns Up Cache of Illegal Assault Weapons and Ammo

Last Appearance Date: March 1, 2022

NOTES:

Next Appearance Date: CR-00926-22 (New Rochelle) April 14, 2022 9:30 AM

Next Appearance Date: S01S-CR22-0246739-S (Stamford) April 25, 2022 9:00 AM

State of New York vs. Safiyy Robinson

Docket# CR-00926-22 (New Rochelle)

Type: Criminal

ADA:

Defense Attorney:

Court: New Rochelle Criminal Court

Judge:

State of Connecticut vs. Safiyy Robinson

Docket# S01S-CR22-0246739-S (Greenwich)

Court: Geographical Area 1 Court (Stamford)

Custody Status: Bridgeport Correctional Center

Custody ID Number: 439631

Keyword Description: Range Rover Chase

Article: Newark Man Chased by Police on Pinebrook Boulevard in New Rochelle Extradited to Connecticut

Last Appearance Date (New Rochelle): Thursday April 7, 2022 9:30 AM

Last Appearance Date (Stamford): Monday March 21, 2022

NOTES: extradited to CT, split dockets.

Next Appearance Date: Friday April 15, 2022

State of New York vs. Ricardo Morales

Docket# CR-02245-21; CR-02837-21; CR-02838-21; CR-05089-21; CR-05647-21; CR-05649-21; CR-06695-21, CR-06886-21

Type: Criminal

ADA:

Defense Attorney: Mattesi, Anthony

Court: New Rochelle Criminal Court

Judge: Rice, Hon. Jared R.

Custody Status: In Custody Westchester DOC

Custody ID Number: 0000248776

Keyword Description: Machete Guy MHATI

Article: Ricardo Morales Of New Rochelle Faces Assault Charge, Allegedly Attacked Neighbor Hours After Police Standoff

Last Appearance Date: April 8, 2022 9:30 AM

NOTES: Morales appeared in person, in handcuffs, transported from Valhalla, Grand Jury - SCI

Next Appearance Date (CR-06749-21): Wednesday April 20, 2022 9:30 AM

Next Appearance Date (CR-00451-22): Monday April 25, 2022 9:30 AM

State of New York vs. Louis Apicella

Docket# CR-06749-21; CR-00451-22

Type: Criminal

ADA:

Defense Attorney: Rifas, David I.

Court: New Rochelle Criminal Court

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: ShopRite theft, Attempt to run over Cox with car

Article: Former New Rochelle Schools Employee, Louis “Sloppy” Apicella, Arrested for Stealing from Costco

Article: Following Arraignment in New Rochelle, Louis Apicella, a Former BOE Employee, Attempts to Run Over Journalist with Car

Last Appearance Date: April 6, 2022

NOTES: split dockets, likely to be rejoined once discovery is certified, next date on harassment docket is BLANK Apicella insisting he wants a jury trial for both dockets, lawyer says “any plea offer is unacceptable”, DA expects “1K” from Shoprite employee today.

(00559S/2018 New Rochelle) April 19, 2022 9:30 AM

Next Appearance: May 11, 2022 9:30 AM

State of New York vs. Gillian Getlan

Docket# 00559S/2018 (New Rochelle)

Docket# HGJ-70276-22 (White Plains)

Type: Criminal

ADA:

Defense Attorney:

Court: Westchester County Criminal Court

Judge: Cacase, Hon. Susan

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: Car v. Pedestrian

Article: DA Upgrades Charge in Hit-and-Run of Elderly New Rochelle Woman; Witnesses Pursued, Cornered Fleeing Suspect with their Cars, Held Her Until Police Arrived

Last Appearance Date: Wednesday April 6, 2022 3:00 PM (Conferences)

NOTES: split dockets in New Rochelle, White Plains

Next Appearance Date: April 29, 2022 9:30 AM

State of New York vs. Mariela Barajas

Docket# CR-00156-22

Type: Criminal

ADA:

Defense Attorney: Rifas, David I.

Court: Mount Vernon Criminal Court

Judge:

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: Sexting Salesian Teacher

Article: New Rochelle Catholic High School Teacher Sent Sex Acts Photos to 15-Year-Old Boy, Says DA

Last Appearance Date: March 14, 2022

NOTES: Barajas in unspecified treatment.

Next Appearance Date: Thursday May 5, 2022 2:00 PM

State of New York vs. James V. Bonanno

Type: Criminal

Docket# SCR-70342-21 (DVI)

ADA:

Defense Attorney: Solomon, Dean Martin

Docket# 06016-2022 (Felony Contempt TOP)

ADA:

Defense Attorney: Legal Aid

Court: Westchester County DVI Criminal Court

Judge: Capeci, Hon. Susan M.

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: Domestic Violence

Last Appearance Date: Thursday. March 31, 2022 10:30 AM

Article: Former New Rochelle Schools Employee Charged with Felony for Violating Order of Protection in Domestic Violence Case

NOTES: DA offer made of five year felony probation and permanent order of protection, Judge Capeci skeptical of the offer, Bonanno wants his phone back, DA says no.

Next Appearance Date: Monday May 9, 2022 3:30 PM (888-398-2342 Code 3456831)

United States of America v. Philip Colasuonno

Index# 7:21-cv-10877-PMH l

Type: Criminal

Plaintiff Attorney: Anthony Jan-Huan Sun

Defense Attorney: Erin Kathleen Flynn

Court: U.S.

Judge: Philip M. Halpern

Description: fraud, tax fraud

Article: Nightmare on the Isle of San Souci: Part VI — Phil Colasuonno Sued by Feds for $2.5 mm in Criminal Tax Case

Last Appearance Date: March 24, 2022

NOTES: Cause: 26:6672 IRS: Failure to Collect and Pay Over Tax, or Attempt to Evade or Defeat Tax; Colasuonno voluntarily dismissed two counterclaims asserted against the United States of America.

Next Appearance Date: Friday May 13, 2022 10:00 AM

Ethan Jordan vs. City School District of New Rochelle

Index# 63489/2018

Type: Civil

Plaintiff Attorney:

Defense Attorney:

Court: Westchester Supreme Court

Judge: Lefkowitz, Hon. Joan B.

Description: Bryan Stamps Stabbing

Article: Bryan Stamps Chronology Update: What Really Happened after January 18 Stabbing at New Rochelle High School?

Last Appearance Date: Friday, December 17, 2021

NOTES: Conference-Pre-Trial

Next Appearance Date: May 18, 2022 10:00 AM

State of New York vs. Michael Thunderhorse

Docket#

Type: Criminal

Court: Greenburgh Town Court

Custody Status: Westchester County DOC

Custody ID Number: 0000263481

Description: Domestic Violence

Last Appearance Date: February 23, 2022

Article: Thunderhorse Pleaded Guilty to Domestic Violent Strangulation in Greenburgh; Next Day He Stabbed a Woman in the Abdomen in New Rochelle

NOTES: FOIL dispute with Greenburgh PD, See also, New Rochelle Road Rage Stabbing.

Next Appearance Date: May 19, 2022 (Hearing Decision) 2:00 PM

State of New York vs. Tommy Rivera

Docket# IND-70304-22

Type: Criminal HMB-Youth Part

Court: Westchester County Criminal Court

Judge: Blackwood. Hon. Helen M.

Custody Status: Children’s Village

Custody ID Number: N/A

Description: West End Shooting

Last Appearance Date: March 31, 2022 (Conferences)

Article: Grand Jury Indicts New Rochelle West End Shooter for Murder of Teen

NOTES: Grand Jury indictment but still no decision on hearing on trial as an adult.

Next Appearance Date: Thursday May 19, 2022 9:30 AM

State of New York vs. Marisol Martell

Type: Criminal

Docket# 00559S/2018

Court: Westchester County Criminal Court

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: Stole Checks at New Rochelle High School

Article: Former New Rochelle School Secretary Pleads Guilty to Stealing Funds from the New Rochelle City School District

Last Appearance Date: Thursday, March 15, 2022 9:30 AM

NOTES:

Next Appearance Date: May 23, 2022

State of New York vs. Michael Vaccaro

Docket# CR-03732-21

Type: Criminal

Court: New Rochelle Criminal Court

Custody Status: ROR

Custody ID Number: N/A

Description: Police Brutality

Article: Michael Vaccaro – Malik Fogg Archive

Last Appearance Date: March 28, 2022

NOTES: Vaccaro seeks jury trial, NYS still not having jury trials due to COVID.

Next Appearance Date: Monday June 6, 2022 9:30 AM

State of New York vs. Juan Sanchez

Docket# CR-00300-22

Type: Criminal

Court: New Rochelle Criminal Court

Judge:

Custody Status: Westchester County DOC

Custody ID Number: 0000266542

Keyword Keyword Description: West End Gun Dealer

Article: Operation Casper and West End Shooting: Multiple Ghost Gun Arrests 100 Feet, 10 Hours Apart

Last Appearance Date: April 7, 2022 9:30 AM

NOTES: looks like a kid, slight, did not look back at 20 family/friends, came in shackled, embarrassed?

Next Appearance Date: Thursday June 9 9:30 AM

State of New York vs. Alika Crew

Docket# 00299/2020

Type: Criminal

Court: White Plains Criminal Court

Judge: Zuckerman, Hon. David S.

Custody Status: ROR

Custody ID Number: N/A

Keyword Description: Attacked Ex-Boyfriend’s Girlfriend

Article: Love Triangle Leads to Attempted Murder in New Rochelle, Connecticut Orthodontist Charged

Last Appearance Date: April 7, 2022 9:30 AM

NOTES:

Next Appearance Date: June 27, 2022 11:00 AM (Conference - Settlement)

City of New Rochelle v. Flavio LaRocca

Docket# 54190/2016

Type: Civil

Plaintiff Attorney: Meisels, Peter

Defense Attorney:

Court: Westchester Supreme Court

Judge: Giacomo, Hon. William J.

Description: Created Parking Lot in City Park

Last Appearance Date: April 4, 2022 (Conference Status)

NOTES:

Next Appearance Date: Appearance Outcome: Held

Maria Derasmo vs. Peter Parente

Index# 51100/2020

Type: Civil

Plaintiff Attorney:

Defense Attorney:

Court: Westchester Supreme Court

Judge: Lefkowitz, Hon. Joan B.

Keyword Description: Car crash

Last Appearance Date: Monday, April 4, 2022

NOTES:

Next Appearance Date: NONE

M, K et al vs. The Ursuline School of New Rochelle

Index# 55751/2022

Type: Civil

Plaintiff Attorney:

Defense Attorney: Roth, Linda Singer

Court: Westchester Supreme Court

Judge: Zuckerman, Hon. David S.

Description: expelled student

Article: Ursuline Faces New $1 Million Lawsuit Over Expulsion Of Student

Last Appearance Date: Friday, April 8, 2022

NOTES: Motion to Dismiss Files March 23, 2022, Denied/Motion Withdrawn, April 6, 2022.

Next Appearance Date: NONE

BLANK vs. The Ursuline School of New Rochelle

Index#

Type: Civil

Plaintiff Attorney: Sharp, Eric Richardson

Defense Attorney: Roth, Linda Singer

Court: Westchester Supreme Court

Judge: Zuckerman, Hon. David S.

Description: expelled student

Article: Court Filings Allege Ugly Behavior By Expelled Ursuline Student

Last Appearance Date: Friday, April 8, 2022

NOTES: cannot locate case in e-courts

CLOSED CASES

Next Appearance Date: NONE

USA v. Benito DiZenzo

Docket# 1:19-cr-00575-AMD-RLM-6

Type: Criminal

Court: U.S. District Court Eastern District

Description: Mafia Pilfering of RXR

Article: Gambino Associate, Benito DiZenzo, Sentenced to 12 Months Probation

Last Appearance Date: March 3, 2022 (Sentencing)

Next Appearance Date: NONE

State of New York vs. Neil White

Type: Criminal

Custody Status: In Custody New York State DOC

Custody ID Number: 19A3656

Custody Detail Clinton Correctional Facility

Keyword Description: Murdered daughter

Article: New Rochelle Man Sentenced to 25 Years to Life for Murder of 7-Year-Old Daughter

Next Appearance Date: NONE

State of New York vs. Zinah Brown

Type: Criminal

Custody Status: In Custody New York State DOC

Custody ID Number: 19G0629

Custody Detail: Bedford Hills Correctional Facility

Keyword Description: Murdered daughter

Article: New Rochelle Man Sentenced to 25 Years to Life for Murder of 7-Year-Old Daughter

Next Appearance Date: NONE

State of New York vs. Frank Valencia

Type: Criminal

Custody Status: In Custody New York State DOC

Custody ID Number: 19A0716

Custody Detail: Shawangunk Correctional Facility

Keyword Description: Shot Yonkers Cop

Article: New Rochelle Man Sentenced To 24 Years To Life In State Prison For Shooting Yonkers Police Officer

Bryan Stamps

No information

James O’Toole DWI

New York State Police Bust Santa Claus for DWI on St. Patrick’s Day

Ordered by Judge Rice to surrender his NYS Driver’s License.

Glossary

We are going to add terms commonly heard in court and provide definitions. This is just a rough start. If you want us to add a term: robertcox@talkofthesound or via SMS/Signal 914-325-4616.

SCI (Superior Court Information) - a conference in Westchester County Court with a County Court Judge, an ADA, a Defense Attorney to discuss the case.

SCI Control Date

SCI Grand Jury

SCI MH

8080 Time:

If you have been charged with a felony the Judge, and bail is set at arraignment, the Judge will adjourn the case for what is called a 180.80 date. This date refers to Criminal Procedure Law (“CPL”) Section 180.80 which states that there must be a preliminary hearing or grand jury action taken by the DA in your case within 120 hours of your arrest (within 5 days or 144 hours if there is a weekend or holiday occurring during confinement). If no action has been taken, as long as your attorney has not consented to the adjournment, you must be released on your own recognizance. If you are released pursuant to CPL §180.80 it does not mean that the charges against you have been dismissed and you will still be required to attend all scheduled court appearances.

MHATI

https://mentalhealth.westchestergov.com/forensics

Mental Health Alternatives to Incarceration (MHATI)

MHATI provides community services to people with serious mental illnesses by using both intensive and supportive case management. People with serious mental health and those with co-occurring disorders who have been arrested on a misdemeanor or non-violent felony charge may be sentenced to participate in treatment and services under the supervision of the MHATI program.

TASC (Treatment Accountability for Safer Communities) is a membership association representing over 220 programs across the United States that are dedicated to the professional delivery of assessment and case management services to substance involved criminal justice and court populations. TASC is represented heavily in some states such as Florida, New York, North Carolina, Ohio, Pennsylvania, Illinois, Arizona and Colorado.