REPORTERS NOTEBOOK: Court Cases Followed by Talk of the Sound
Friday April 15, 2022
We keep a paper notebook open on cases we follow, organized by next appearance date with personal observations and notations, not indications of guilt. Persons accused of crimes are presumed innocent. Questions? email robertcox@talkofthesound or SMS/Signal 914-325-4616.
CHANGES SINCE LAST PUBLICATION 4/8/22
- Added USA v. Percell Ross (Taxi Murder, Brooklyn Shoot Out, et al)
- Added NYS v. Andrew Lamb (BLM Mural, Cop Assault)
- Added Israel Viloria (Hyundai Embezzlement)
- NYS v. Mary Thompson moved closer to disposition (Librarian Bank Robber)
- Nicholas Suppa arrested (again) and arraigned on April 13
- Safiyy Robinson (Range Rover Chase) still in CT jail, NRCC seeking a virtual appearance on 5/5
- Article on Reversal on Virtual Court Unit at Valhalla Jail.
OPEN CASES, UPDATED AS OF 4/15/22
(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
Last Appearance Date: Wednesday April 6, 2022 3:00 PM (Conferences)
NOTES: split dockets in New Rochelle, White Plains
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
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.
Next Appearance Date: S01S-CR22-0246739-S (Stamford) April 25, 2022 9:00 AM
Next Appearance Date: CR-00926-22 (New Rochelle) Thursday May 5 2022 9:30 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 CR-00926-22 (New Rochelle) April 14, 2022 9:30 AM
Last Appearance Date (Stamford): Monday March 21, 2022
NOTES: extradited to CT, split dockets, NRCC attempting to arrange virtual with CT.
Next Appearance Date: Tuesday April 26, 2022 11:30 AM
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: 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: Tuesday May 3 2022 2:00 PM
Next Appearance Date: Thursday June 16, 2022 9:30 AM
State of New York vs. Mary Thompson
Docket# CR-03010-21
ADA: Liebowitz
Defense Attorney: Barry Weiss
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 April 12, 2022 2:00 PM
NOTES: split docket, defense lawyer said there would be a plea in Westchester Criminal Court 4/12/22.
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
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: Friday May 6, 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
Last Appearance Date: Friday April 15, 2022 9:30 AM (not produced by WCDOC)
NOTES: Morales was not transported from Valhalla, Grand Jury - SCI, DA working on a MHATI disposition.
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
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
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
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 at 10:00 AM
USA v. Percell Ross
Docket# 1:21-cr-00571-BMC-LB; 1:21-cr-00571-BMC-LB-1; 1:21-mj-01184-RML; 1:21-mj-01184-RML-1 (Felon In Possession Of A Firearm); Warrant New Haven, CT dated October 16, 2021 for aggravated assault, First Degree with a weapon; Warrant New Rochelle NY dated October 14, 2021 for taxicab robbery/shooting homicide
AUSA: Dennehy, Jack
Defense Attorney: Mia Eisner-Grynberg; Michelle A. Gelernt (Federal Defenders of New York)
Court: U.S. Eastern District Court
Judge: Assigned to: Cogan, Hon. Brian M. Magistrate Bloom, Hon. Lois
Type: Criminal
Custody Status: MDC Brooklyn
Custody ID Number: 55370-060
Keyword Description: Taxi Murder Shootout
Last Appearance Date: (New Rochelle CR-03010-21) Thursday April 7, 2022 9:30 AM
Last Appearance Date: Wednesday January 5, 2022
NOTES: November 26, 2008 in the United States District Court Northem District of Ohio, Percell Ross was convicted of being a Felon in Possession in of a Firearm, for which he was sentenced to 65 months federal incarceration; November 14, 2014, Percell Ross was convicted of the felony of Assault on a Law Enforcement Officer in the Allegheny County Court of Virginia and sentenced to a term of 1 year incarceration; March 20, 2017, in the Switzerland County Court of Indiana, Percell Ross was convicted of the felony of Robbery and sentenced to a term of 5 years incarceration; October 17, 2021 within the Eastern District of New York, Percell Ross, knowing that he had been previously convicted in a court of one or more crimes punishable by imprisonment for a term exceeding one year, did knowingly and intentionally possess in and affecting interstate or foreign cornmerce a firearm and ammunition (Hi-Standard, .22 caliber revolver, with serial number 1963219, and ammunition); Percell Ross shall file his motion to suppress by April 15, 2022; the government shall file its response by April 29, 2022; Percell Ross shall file any reply by May 9, 2022.
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
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: Friday May 27, 2022 9:30 AM
State of New York vs. Israel Viloria
Docket# CR-01160-2019
Type: Criminal
ADA:
Defense Attorney: Max DeFabio
Court: Westchester County Criminal Court
Judge: Prisco
Custody Status: ROR
Custody ID Number:
Description: Embezzlement Tax Fraud Hyundai
Article: Ex-New Rochelle Hyundai Employee Who Stole $300K Gets Free Bus Trip to Prison
Last Appearance Date:
NOTES: co-conspirator James Castellano
Next Appearance Date: Thursday, June 2, 2022 9:30 AM
Next Appearance Date: SCI date pending
State of New York vs.
Docket# 21070058 (BLM Mural), 20110176 (cop assault)
Type: Criminal
ADA:
Defense Attorney: Smith, Russell 914-991-0555
Court: Westchester County Criminal Court
Judge:
Court: Village of Mamaroneck Court
Judge:
Custody Status: ROR
Custody ID Number:
Description: Defacing Black Lives Matter Mural, Cop Assault
Article: Mamaroneck Man Charged with Felony Hate Crime for Vandalizing Black Lives Matter Mural
Last Appearance Date:
NOTES: Lt. Gatta, Mr. Lamb was arrested on 11/15/2020 for Assault 2nd degree. Mr. Lamb allegedly struck a Police Officer with his vehicle during a drug investigation.
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: Thursday June 9, 2022 9:30 AM
State of New York vs. Nicholas Suppa (Gomessuppa)
Docket# CR-04959-20; CR-04960-20
CR-01699-22 (Assault-3, CPCS-7)
Type: Criminal
ADA:
Defense Attorney: John Pappalardo
Court: New Rochelle Criminal Court
Judge:
Custody Status: ROR
Custody ID Number: N/A
Description: Gun, Heroin + Assault-3, CPCS-7
Article: Routine Traffic Stop in New Rochelle Turns Up Cache of Illegal Assault Weapons and Ammo
Last Appearance Date: Thursday April 14, 2022 9:30 AM
NOTES: Arrested again, for Assault-3rd, CPCS-7, awaiting details from NRPD.
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: Monday July 11, 2020
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
Last Appearance Date: Thursday April 14, 2022 9:30 AM
NOTES: Attorney took SCI Grand Jury Waiver; see also, Greenburgh Town Court DV Case.
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.
Next Appearance Date: NONE
State of New York vs. James Castellano
Docket#
Type: Criminal
ADA:
Defense Attorney:
Court: Westchester County Criminal Court
Judge:
Custody Status:
Custody ID Number:
Description: Embezzlement Tax Fraud Hyundai
Article: Ex-New Rochelle Hyundai Employee Who Stole $300K Gets Free Bus Trip to Prison
Last Appearance Date:
NOTES: co-conspirator Israel Viloria.
GLOSSARY OF COURT TERMS
We are going to build a list of terms commonly heard in the local and county courtrooms we believe may be confusing to some. This is just a rough start. If you want us to add a term or think there is a better definition of a term contact us at robertcox@talkofthesound or SMS/Signal 914-325-4616.
SCI
Superior Court Information (SCI): A written document that lists the felony and/or misdemeanor charges against the defendant. It is filed by the District Attorney with a superior court when a defendant waives his or her rights to a grand jury hearing.
SCI is a frequently used term where the acronym stands for Superior Court Information, a legal document prepared and filed by the District Attorney’s Office with the Defendant’s consent; a conversation that happens between the prosecutor and defense counsel. Individuals in New York State have a right to have their felony case heard by a Grand Jury. Therefore, they must consent to resolving their case through an SCI. In fact, waiver of Grand Jury Indictment must be done in writing, in open court and in the presence of the defense attorney.
Related terms are:
SCI Control Date
SCI Grand Jury
SCI MH or SCI Mental Health
8080 Time
Refers to Criminal Procedure Law Section 180.80 which states that there must be a preliminary hearing or grand jury action taken by the DA in a defendant’s case within 120 hours of their arrest (within 5 days or 144 hours if there is a weekend or holiday occurring during confinement). If no action has been taken, and the defense attorney has not consented to the adjournment, the defendant must be released on their own recognizance. If a defendant is released pursuant to CPL §180.80 it does not mean that the charges against the have been dismissed and they will still be required to attend all scheduled court appearances
Mental Health Alternatives to Incarceration
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
TASC 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
Accusatory Instrument
A paper filed with the court charging a person with one or more offenses.
Non-Monetary Bail Conditions
Bail
A money deposit (usually cash) given to the court to release a defendant or witness from custody and to make sure that he or she comes back to court.
Bail Bond
A legal paper that a person buys from a bondsman and gives to the court instead of money. If the defendant doesn't come to court as ordered, the bondsman must pay the amount of money on the bail bond to the court.
Approach
a bench conference: a meeting with the attorneys and the Judge at the judge’s bench to talk about something in the case. It may or may not be a part of the official record.
Bench Warrant
An order given by the Judge (or "bench") to arrest a person when he or she did not appear at court. See warrant.
Bill of Particulars
A formal list of statements that clarify or detail the charges and/or facts in a case. Usually given after a request is made.
Second Call
The calling of the names of the cases listed on the calendar by the clerk. Usually done at the beginning of the court day.
Case Conferencing
A case is conferenced with both sides and the judge or the judge’s court attorney to try to settle the case before going to trial.
Certificate of Readiness
A paper given to the court saying that you are ready for trial.
Change in Circumstances (CIC)
Words often used to explain a change in a court order.
C.P.L.R. or Civil Practice Law and Rules
The New York State law that gives procedure for civil cases.
Criminal Procedure Law or CPL
A set of laws that lists the procedures to be followed in criminal cases in New York State.
Dockets
A record with the complete history of a case.
Docket Number
A number that identifies a court case. In Criminal Court the first two numbers show the year that the case was filed. The third character is a letter that shows the county, and the last six numbers show the specific case. See index number. Multiple dockets, split by jurisdiction or crime type, a defendant may have multiple lawyers for multiple dockets in multiple jurisdictions or multiple courts.
Drug Court
A court that hears only cases involving non-violent drug offenders. These offenders are then sentenced to rehabilitation programs that are under the supervision of the court.
Voir Dire
French: “To speak the truth.” The process by which Judges and lawyers choose members of the jury by questioning them to make sure they can decide the case in a fair way. ADA will voir dire a defendant before accepting a guilty plea to confirm defendant understands the implications of their guilty plea.
Bench Warrant
There are many different kinds of warrants but most commonly in New Rochelle City Court a bench warrant will be issued for a defendant who fails to appear without good cause. An order in writing is issued and signed by a Judge to arrest and bring a person to court because the person did not appear in court as required.
Grand Jury
A group of 16 to 23 citizens who listen to the prosecution’s evidence then decide if there is probable cause (a reason) to believe a person committed a crime and to charge him or her with that crime. See also indictment.
Indictment
- The decision by a grand jury that says there is enough evidence that the defendant committed the crime to justify having a trial. Used mainly for felonies. See information.
- A document that contains the list of charges that the grand jury will vote on to decide whether there is enough reason to continue on to trial.
18B attorney
An attorney given to a person by the court. (County Law Sec. 18b.) See assigned counsel.
Adjournment in Contemplation of Dismissal or ACD
A decision to put off a trial for a certain amount of time, usually six months. If the conditions of the ACD are met then the case is dropped.
Release on Own Recognizance or ROR
When a person is released from custody and is not made to pay bail because of his or her promise to come to court to answer a criminal charge; to be free from custody without bail while a case is pending. This is usually called parole.
SMI
Serious Mental Illness
