WESTCHESTER LAW: NO CRIMINAL PROSECUTION OF ANDREW CUOMO ON ACCUSATIONS OF “CONCERNING CONDUCT” BY TWO WOMEN

WPCNR WHITE PLAINS LAW JOURNAL. From the Office of the Westchester District Attorney. December 28, 2021:

The Westchester County District Attorney’s Office conducted a thorough investigation into allegations reported by two women against former Governor Andrew Cuomo. Specifically, the alleged conduct, of which we are aware, that occurred in Westchester County is as follows: 
 
1- A woman, identified as Trooper 1 in the Attorney General’s Report, alleged that, when Cuomo was the Governor and Trooper 1 was a member of his detail and on duty at his home in Mount Kisco, she asked the Governor if he needed anything and he responded by asking her if he could kiss her. She further indicated that she was concerned about the ramifications of denying the Governor’s request and so she said “sure.” The Governor then kissed her on the cheek and, as indicated in the Attorney General’s report, “said something to the effect of, ‘oh, I’m not supposed to do that’ or ‘unless that’s against the rules.’” 

 
2- A second woman has alleged (publicly and to our investigators) that Cuomo grabbed her arm, pulled her toward him and kissed her on the cheek without seeking permission for such a greeting while the two were at an event at White Plains High School.  
 

Our investigation found credible evidence to conclude that the alleged conduct in both instances described above did occur. However, in both instances, my Office has determined that, although the allegations and witnesses were credible, and the conduct concerning, we cannot pursue criminal charges due to the statutory requirements of the criminal laws of New York. This conclusion is unrelated to any possible civil liability which is beyond the scope of a District Attorney’s jurisdiction, which focuses solely on criminal laws. 

We continue to recognize the bravery of the women and witnesses who have cooperated with law enforcement and we remain committed to supporting them and all survivors. As in all cases of alleged misconduct, my Office will investigate such claims irrespective of the position or status of the accusers or the accused. We thank the Attorney General, the State Assembly and our sister DA Offices for their collaboration and cooperation.    

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GOVERNOR: MONDAY UPDATE ON COVID: 65% OF NEW NEW YORK COVID CASES ARE OMICRON COVID VARIENT RELATED


Governor Kathy Hochul today updated New Yorkers Monday on the state’s progress combating COVID-19.     

“As we come home from holiday gatherings, it is as important as ever to take precautions to limit the spread of COVID-19 this season,” Governor Hochul said. “Wear your mask, wash your hands, and if you haven’t yet, get vaccinated and boosted. The vaccine is the best tool we have to keep ourselves and our loved ones safe as we head into the new year. Take advantage of having it readily available and get yours today.”

Data this morning in the GISAID database, the largest repository of SARS-CoV-2 sequences in the world, show the Omicron variant comprised 64.1% of uploaded sequences from NYS between 12/12/21 and 12/25/21. This increase compared to the result announced on Friday, which covered 12/10/2021 to 12/23/2021, and slightly higher than all previous levels, is indicative of the ongoing spread of Omicron in NYS.   


Today’s data is summarized briefly below:   

* Numbers with an asterisk were last updated as of Dec. 24 as the HERDS system was down in observance of the holiday. 

** Vaccination numbers compiled by the CDC as of Dec. 24.

*** Due to the Holiday, today’s report has data from Dec. 24 and Dec. 25, where available.

  • Test Results Reported – Dec. 24: 400,030/Dec. 25: 257,325***
  • Total Positive – Dec. 24: 49,708/Dec. 25: 36,454***
  • Percent Positive – 14.17%
  • 7-Day Average Percent Positive – 11.70% 
  • Patient Hospitalization – 4,891*
  • Patients Newly Admitted – 839*
  • Patients in ICU – 880 (-4)*
  • Patients in ICU with Intubation – 501 (+6)*
  • Total Discharges – 226,474 (+676)*
  • New deaths reported by healthcare facilities through HERDS – 60*
  • Total deaths reported by healthcare facilities through HERDS – 47,929*
    The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.   
  • Total deaths reported to and compiled by the CDC – 60,751
    This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.   
  • Total vaccine doses administered – 33,105,549
  • Total vaccine doses administered over past 24 hours – 29,046
  • Total vaccine doses administered over past 7 days – 732,953 
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose – 88.6%
  • Percent of New Yorkers ages 18 and older with completed vaccine series – 80.3%
  • Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) – 95.0%**
  • Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) – 82.6%**
  • Percent of all New Yorkers with at least one vaccine dose – 77.4% 
  • Percent of all New Yorkers with completed vaccine series – 69.4% 
  • Percent of all New Yorkers with at least one vaccine dose (CDC) – 82.9%**
  • Percent of all New Yorkers with completed vaccine series (CDC) – 71.3**

Each region’s 7-day average of cases per 100K population is as follows:  

REGIONDec. 23Dec. 24Dec. 25
Capital Region73.1373.8872.5
Central New York76.3875.3673.28
Finger Lakes59.2857.4254.51
Long Island173.85201.92216.1
Mid-Hudson116.99134.3140.16
Mohawk Valley75.870.4764.44
New York City204.25237.31256.7
North Country51.0150.2346.44
Southern Tier91.2686.1870.34
Western New York59.6565.4168.37
Statewide147.83168.15178.37

Each region’s 7-day average percentage of positive test results reported over the last three days is as follows:     

RegionThursday, December 23, 2021Friday, December 24, 2021Saturday, December 25, 2021
Capital Region8.61%9.03%9.23%
Central New York8.77%8.69%9.05%
Finger Lakes8.38%8.52%8.85%
Long Island13.05%13.98%14.79%
Mid-Hudson9.43%10.35%11.04%
Mohawk Valley8.79%9.21%9.40%
New York City10.20%11.00%11.76%
North Country6.96%7.08%7.07%
Southern Tier7.34%7.91%7.89%
Western New York8.88%9.31%9.69%
Statewide10.18%10.98%11.70%

Each New York City borough’s 7-day average percentage of positive test results reported over the last three days is as follows:     

Borough in NYCThursday, December 23, 2021Friday, December 24, 2021Saturday, December 25, 2021
Bronx10.73%12.37%13.78%
Kings10.15%10.86%11.47%
New York9.70%9.99%10.50%
Queens10.69%11.78%12.70%
Richmond10.24%11.46%12.34%

Yesterday, 36,454 New Yorkers tested positive for COVID-19 in New York State, bringing the total compiled to 3,184,195. A geographic breakdown is as follows:  

CountyTotal PositiveNew Positive
Albany39,158206
Allegany6,8617
Broome32,356134
Cattaraugus11,2896
Cayuga11,03518
Chautauqua17,23532
Chemung14,60936
Chenango6,53318
Clinton9,51948
Columbia6,67722
Cortland6,99940
Delaware5,3228
Dutchess42,998246
Erie141,578750
Essex3,5279
Franklin6,27319
Fulton8,85316
Genesee9,90314
Greene5,83120
Hamilton5840
Herkimer9,77924
Jefferson12,88421
Lewis4,6850
Livingston8,28413
Madison8,70210
Monroe109,437320
Montgomery8,1415
Nassau268,4223,438
Niagara33,017128
NYC1,372,10523,804
Oneida37,74244
Onondaga67,800307
Ontario13,61918
Orange70,609347
Orleans6,3227
Oswego16,56519
Otsego6,43813
Putnam15,09317
Rensselaer20,24799
Rockland61,500386
Saratoga29,297152
Schenectady21,58922
Schoharie3,3024
Schuyler2,34713
Seneca3,8124
St. Lawrence14,84820
Steuben14,34317
Suffolk298,4303,353
Sullivan11,35282
Tioga7,39813
Tompkins10,99770
Ulster21,49493
Warren8,72640
Washington8,01916
Wayne11,98011
Westchester169,3251,869
Wyoming6,0884
Yates2,3172
Grand Total3,184,19536,454

Given the extent of spread of Omicron, it is more meaningful to report the percentage of Omicron variants as reported to the public COVID-19 sequence databases, than to report counts of individual cases. This percentage can then be related to the total positive COVID case count in the state. This process is consistent with how the New York State Department of Health has reported on all other variants online: https://coronavirus.health.ny.gov/covid-19-variant-data.

It should be noted that similar data reported from the CDC, updated this week, uses a statistical model to project the variant percentages for a more recent timeframe. This projection approach partly explains a higher percentage for the Omicron variant reported by the CDC.

As of Dec. 24, 60 New Yorkers died due to COVID-19, bringing the total compiled by HERDS to 47,929. Death numbers were not compiled on Dec. 25 in observance of the holiday. A geographic breakdown is as follows, by county of residence:     

Deaths by County of Residence
CountyNew Deaths
Albany1
Bronx1
Broome2
Cattaraugus2
Chautauqua2
Chemung1
Erie5
Genesee1
Herkimer1
Kings3
Livingston2
Manhattan2
Monroe2
Nassau3
Niagara1
Oneida4
Onondaga2
Orange1
Putnam1
Queens8
Richmond2
Rockland2
Saratoga1
Schenectady1
Seneca1
Suffolk3
Ulster1
Washington1
Wayne1
Westchester2
Grand Total60

All New York State mass vaccination sites are open to eligible New Yorkers aged 5 and older, with walk-in vaccination available at all sites on a first-come, first-serve basis for people aged 12 and older. Information on which sites require appointments for children in the 5-11 age group is available on our website. People who prefer to make an  appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccines.gov to find information on vaccine appointments near them.  

New Yorkers looking to schedule vaccine appointments for 5-11-year-old children are encouraged to contact their child’s pediatrician, family physician, county health departments, Federally Qualified Health Centers (FQHCs), rural health centers, or pharmacies that may be administering the vaccine for this age group. Parents and guardians can visit vaccines.gov, text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. Make sure that the provider offers the Pfizer-BioNTechCOVID-19 vaccine, as the other COVID-19 vaccines are not yet authorized for this age group.  

Visit our website for parents and guardians for new information, frequently asked questions and answers, and resources specifically designed for parents and guardians of this age group.   

Yesterday, 6,163 New Yorkers received their first vaccine dose, and 3,407 completed their vaccine series. A geographic breakdown of New Yorkers who have been vaccinated by region is as follows:   

 

People with at least one vaccine dose
People with complete vaccine series  
RegionCumulative
Total
Increase over past 24 hoursCumulative
Total
Increase over past 24 hours  
Capital Region934,48071852,48298  
Central New York626,785-6579,12068  
Finger Lakes833,85816769,40535  
Long Island2,072,264-1,0161,835,767-4  
Mid-Hudson1,621,838-3871,418,54492  
Mohawk Valley315,4170291,68444  
New York City7,558,2137,4566,649,5562,950  
North Country293,1163264,1196  
Southern Tier424,519-42388,2007  
Western New York919,18868839,426111  
Statewide15,599,6786,16313,888,3033,407  
       

The COVID-19 Vaccine Tracker Dashboard is available to update New Yorkers on the distribution of the COVID-19 vaccine. The New York State Department of Health requires vaccinating facilities to report all COVID-19 vaccine administration data within 24 hours; the vaccine administration data on the dashboard is updated daily to reflect the most up-to-date metrics in the state’s vaccination effort. New York State Department of Health-reported data from NYSIIS and CIR differs slightly from federally-reported data, which is inclusive of federally-administered doses and other minor differences. Both numbers are included in the release above.   

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TESTING IS ON AT COUNTY CENTER WEDNESDAY

Westchester County has partnered with Quadrant Bio Sciences to offer FREE PCR COVID-19 testing at the Westchester County Center starting Wednesday, December 29.

This testing is APPOINTMENT ONLY – walk ins will not be accepted. Appointments will only be available 3 days in advance. Testing is for anyone experiencing symptoms or anyone who has been exposed to someone who tested positive for COVID-19.  The testing is not for travel. Testing is available for all ages, including children and infants.

Tests can be scheduled here: http://www.westchestergov.com/health

Testing will be conducted through the below schedule:

  • Dec. 29, 10 a.m. to 4 p.m. (full)
  • Dec. 30, 8 a.m. to 2 p.m. (full)
  • Jan. 3, Noon – 4 p.m.
  • Jan. 4, 8 a.m. to 4 p.m.
  • Jan 5, 8 a.m. to 4 p.m.
  • Jan 6, 8 a.m. to 4 p.m.
  • Jan 7, 8 a.m. to 4 p.m.
  • Jan. 10, 8 a.m. to 4 p.m.
  • Jan. 11, 8 a.m. to 4 p.m.
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JOHN BAILEY’S STORIES OF THE YEAR ON WVOX THIS MORNING ON “DENNIS AND TONNY’S GOOD MORNING WESTCHESTER” THE COMPLETE TRANSCRIPT

JOHN BAILEY THE CITIZENETREPORTER
BROADCASTS LIVE ON WVOX 1460 TUESDAYS,
7:50 A.M. A REGULAR COMMENTATOR ON WVOX FOR 8 YEARS

THIS IS THE TIME OF YEAR I’M PUTTING TOGETHER MY STORIES OF THE YEAR REPORT ON WHITE PLAINS WEEK AND THERE WERE A LOT OF THEM. WHITE PLAINS AND EVERY TOWN AND CITY AND NEIGHBORHOOD WAS CHANGED — IN ATTITUDES, WHAT WE DID. HOW WE LIVE TOGETHER IN THE TIME OF COVID

OUR LIFESTYLES CHANGED. WHAT WE WERE ABLE TO DO CHANGED. MANY OF US DID NOT WORK BECAUSE OF COVID. OUR PHYSICAL LANDSCAPE CHANGED.

IN WHITE PLAINS, MACY’S AND SEARS CLOSED THE RIDGEWAY COUNTRY CLUB WAS SOLD BY THE FRENCH AMERICAN SCHOOL TO A LUXURY HOUSING DEVELOPER  BRINGING THAT 11 YEAR BATTLE TO A CLOSE—BUT THERE IS A CONTINGENT OF GEDNEY ASSOCIATION THAT STILL WANTS THE APELLATE COURT TO DECIDE WHETHER A MANDATE SHOULD GO WITH A PROPERTY INTO PERPETUITY SO IT STILL GOES ON EVEN THOUGH THE PROJECT IS GONE. IT IS THE ISSUE THAT NEVER ENDS.

WHITE PLAINS HAS OPTED IN TO MARIJUANA DISPENSARIES AND CANNIBIS RECREATIONAL FACILITIES APPROVED BY THE STATE LEGISLATURE  BY DEFAULT BY NOT TAKING UP THE ISSUE. WE AWAIT REGULATIONS ON HOW CANNIBIS FACILITIES WILL BE RUN. THERE ARE NONE YET.

LOUIS CAPPELLI TOOK OVER AND FINISHED 55 BANK STREET AND IS NOW FINISHING THE MITCHELL. THE CITY HAS YET TO ANNOUNCE WHAT IT IS GOING TO DO TO FINISH THE TRANSIT DEVELOPMENT ADJACENT THE RAILROAD STATION  RENOVATION.

THE CITY AWAITS START UP OF THE WP PAVILLION PROJECT AND CONTINUES TO  EXTEND SITE PLANS ON PROJECTS STALLED FOR LACK OF FINANCING.

THOSE WERE THE PHYSICAL CHANGES.

CITY GOVERNMENT REMAINS THE SAME. MAYOR TOM ROACH WAS ELECTED UNOPPOSED. RICHARD PAYNE WAS ELECTED TO HIS FIRST TERM ON THE COMMON COUNCIL. JOHN MARTIN WAS ELECTED TO HIS THIRD TERM ON THE COMMON COUNCIL AND JUSTIN BRASCH TO HIS SECOND.

PERSONAL CHANGES WERE MORE COMPLEX IT IS A CITY OF FEAR. OF REMOTE LEARNING AT HOME IN THE WHITE PLAINS SCHOOLS…WHICH REOPENED FULLY LAST MAY AND HAD A TERRIFIC COOPERATION BETWEEN PARENTS CHILDREN TEACHERS AND STUDENTS TO REOPEN LAST MAY. THE WHITE PLAINS SCHOOLS CONTINUE WITH AN UNDER 1% NEW POSITIVE RATE

MORE PROFOUND WERE THE PERSONAL CHANGES… I HAVE WATCHED MORE MOVIES ON NETFLIX GOTTEN INTO MORE ARGUMENTS WITH BRENDA STARR ON DELAYING STARTS OF MOVIES AND BEEN INFURIATED BY HORRIBLE TUNING IN INCONSISTENCIES ON THE STREAMING CHANNELS. I HAVE REALIZED HOW I MISS SOCIALIZING AND DO NOT LIKE THE FEAR OF BEING WITH PEOPLE. THIS IS NOT GOOD FOR US MENTALLY HOW HAVE YOU HANDLED THE PERSONAL SIDE OF COVID DENNIS?

DENNIS NARDONE: I COME IN AND DO THE SHOW, TRY AND GIVE AS MUCH INFORMATION AS POSSIBLE. I COME HERE 7 DAYS A WEEK.

JOHN: WE HAD TO STAY AT HOME. WE HAD TO WORK FROM HOME. CHILDREN HAD TO LEARN FROM HOME. WE HAD TO DEAL WITH WHETHER TO MASK OR NOT TO MASK. THERE WAS ANXIETY ABOUT WHETHER TO BE VACCINATED. INFORMATION CHANGED AND CHANGED AND CHANGED AGAIN. VACCINATIONS WERE ATTACKED BY IRRESPONSIBLE MEDIA. AFTER THE FIRST WAVE OF COVID THIS YEAR WAS STOPPED IN APRIL, RESTRICTIONS WERE LOOSENED. SOCIALIZING RETURNED AND BEGINNING IN JULY CASES GREW CREATING A SECOND WAVE WHICH AFTER LABOR DAY TURNED INTO A THIRD WAVE UNTIL NOW DECEMBER WE HAVE A SHARP SPIKE THAT HAS EXPLODED.

VACCINATION IS THE ANSWER. SEE YOU NEXT WEEK.

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