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David Soares v. the Legislature

Presented by Tobacco Kills NY: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Feb 28, 2023 View in browser
 
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By Anna Gronewold, Sally Goldenberg and Eleonora Francica

Presented by Tobacco Kills NY

Sometimes in Albany the blowback to a slight can amplify a situation far past the original disagreement.

Monday was one of those times, when the District Attorneys Association of the State of New York sent out a lengthy statement to explain what Albany County District Attorney David Soares believes happened when he was uninvited from testifying to a joint legislative committee about criminal justice data.

The statement was in response to a Times Union column over the weekend where Mike Murphy, the spokesman for Senate Democrats, said Soares’ characterization of his exclusion (that he has been a vocal critic of Democrats’ bail laws and was too divisive a political figure for them to handle) was false. The committees heard from DAASNY President J. Anthony Jordan, took Soares’ written testimony, and “it is disturbing that those who are charged with protecting the public are so willing to distort the truth for political purposes,” Murphy said.

But DAASNY on Monday said Murphy’s comment was “baseless” and “undermines the credibility of our organization.”

“While lawmakers attempted to silence me, I am not a victim; the real victims here are those suffering from the effects of violent crime, for whom I fight,” Soares said in the statement. “Recent criminal justice reforms have sent the wrong signal to criminals; a green light. The most devastating impact is clearly seen in black and brown communities. Victims in these communities are not just data points; they’re people. As such, their stories need to be told. If the Legislature is ever willing to listen, I will share those stories.”

It’s not clear what Soares goals are in further highlighting his disagreement with his fellow Democrats. He’s taken controversial positions in the past, such as dropping the sole criminal complaint against disgraced Gov. Andrew Cuomo in 2021. He’s also been DA since 2005 and, practically speaking, has a broad purview of how changes to the criminal justice system have played out over the years.

Whether his position on the most recent changes are “political purposes” for future elections — to distinguish himself as tough on crime in contrast to the further left in the party — remains to be seen.

Murphy on Monday told us he stands by his comments.

IT’S TUESDAY and the joint budget hearing on Health is getting ready to rumble at 9:30 a.m., Hearing Room B. What are your interpretations of the backdrop art behind the lawmakers’ seats in there? Let us know ... By email: agronewold@politico.com and sgoldenberg@politico.com or on Twitter: @annagronewold and @sallygold

WHERE’S KATHY? In New York City, delivering remarks at Northwell Health's fourth annual gun violence prevention forum.

WHERE’S ERIC? In New York City, hosting and delivering remarks at his annual interfaith breakfast.

WHERE’S ACTING CHIEF JUDGE ANTHONY CANNATARO? Delivering the 2023 State of Our Judiciary at Court of Appeals Hall at 11 a.m. You can livestream here.

QUOTE OF THE DAY: “I keep telling people all the time, I was born in Brooklyn, but I'm Dominican, baby. You hear that, borough president?” — Eric Adams, during an event renaming Dyckman Plaza in honor of Dominican Republic Independence Day.

 

A message from Tobacco Kills NY:

Flavored tobacco products like menthol cigarettes are much more addictive and dangerous than regular tobacco—and Big Tobacco aggressively markets it to young people and people of color in New York, leading to higher rates of death and illness. It’s time to act. Civil rights and public health leaders are fighting to restrict the sale of dangerous flavored tobacco products in New York. Will you join them?
Go to TobaccoKillsNY.org to learn more.

 
WHAT CITY HALL IS READING

G.O.P. Donors in New York Await a Parade of Presidential Hopefuls,” by The New York Times’ Maggie Haberman and Nicolas Fandos: “New York City’s heavy-hitting Republican-leaning donors in recent years were frozen in place at the presidential level by a fellow New Yorker, Donald J. Trump. But that was before Mr. Trump’s decampment to Florida, his plethora of legal entanglements, and his fall from grace after the Jan. 6 attack on the Capitol by a pro-Trump mob. Now, as the 2024 presidential field takes shape, uncommitted donors and prospective political supporters in one of the country’s wealthiest areas are again opening their doors to Republicans seen as prospective candidates — and the candidates are pouring in.”

How much is remote work worth? New York City is about to find out.” By WNYC’s Elizabeth Kim: “In his first major labor negotiation as mayor, Eric Adams agreed to allow remote work for some city workers, a concession that recognizes the new realities of the workplace. But the precedent could prove to be costly as other unions eye additional compensation for employees who cannot work from home.”

Council Will Move Ahead with Seasonal Outdoor Dining Plan,” by Streetsblog’s Kevin Duggan: “The Council plans to make the city’s outdoor dining program permanent, but the roadside “streeteries” will become just seasonal, as part of revised legislation expected to come before lawmakers next month, Council sources told Streetsblog. The bill would also keep the pandemic-era program under the auspices of the Department of Transportation.”

Mason Tenders’ PAC backs slate of ‘pro-union’ and ‘pro-development’ City Council candidates,” by amNY’s Ethan Stark-Miller: “The PAC’s — the political action committee arm of Mason Tenders’ District Council of Greater New York and Long Island — announcement marks some of the earliest endorsements in this year’s council races, which are just getting underway, with petitioning for the June primary set to start on Tuesday.”

 

JOIN POLITICO ON 3/1 TO DISCUSS AMERICAN PRIVACY LAWS: Americans have fewer privacy rights than Europeans, and companies continue to face a minefield of competing state and foreign legislation. There is strong bipartisan support for a federal privacy bill, but it has yet to materialize. Join POLITICO on 3/1 to discuss what it will take to get a federal privacy law on the books, potential designs for how this type of legislation could protect consumers and innovators, and more. REGISTER HERE.

 
 
WHAT ALBANY'S READING

FIRST IN PLAYBOOK: The narrative for the success of the state's bail laws is a hard one to sell — Democrats found out the hard way in November — but a new report aims to show the time, money and resources saved since the changes were enacted. “Justice, Safety, & Prosperity: New York’s Bail Reform Success Story,” from FWD.us is a comparison of data from 2019 to numbers released by the state in September 2021.

FWD.us said it isolated the categories of cases that were directly impacted by the legislative changes to pretrial detention passed in 2019 with the goal of an “apples-to-apples” comparison. According to the report, in the two years since the new bail laws were enacted: “24,000 fewer people had bail set on their cases. $104 million less was set in bail that could have otherwise been leveraged or lost by New York's poor and working class families. And 1.9 million nights that would have otherwise been spent in jail were spent at home.” — Anna Gronewold

Hochul’s Budget Pads Prosecution Funding Without Match for Public Defense,” by New York Focus’ Chris Gelardi: “The governor proposed an outsized boost worth tens of millions for prosecutors — drawing comparisons to New York’s history of public defense neglect.”

New York lawmakers weigh public campaign financing delay,” by Spectrum News’ Nick Reisman: “New York state lawmakers are in preliminary conversations to delay the implementation of a system of publicly financed campaigns, a source with knowledge of the talks on Monday said.”

Democrats seek to close lobbying loophole on nominations exposed by LaSalle fight,” by Times Union’s Joshua Solomon: “State Senate Democratic leaders are seeking to close an apparent lobbying loophole for nominations to statewide positions that require confirmation by the Senate. The loophole, which was first reported by the Times Union last month, allows for individuals or groups seeking to influence the vote of senators on a nominee without having to report their activities to the state Commission on Ethics and Lobbying in Government.”

Failed LaSalle nomination leaves Hochul’s relationship with labor in a state of confusion,” by City & State’s Rebecca C. Lewis: “No one who took the stage at the Labor Lunch openly spoke ill of the governor – in fact, she was barely mentioned at all. But it seemed indicative of the tenuous relationship between Hochul and unions right now. Following her nomination of LaSalle, she included several ambitious, tenure-making proposals in her executive budget that left some parts of the labor movement feeling jilted. Now, labor leaders say they have ultimately been left more confused than anything else.”

REDISTRICTING … IS STILL GOING: Today and tomorrow are the final two public hearings for the Independent Redistricting Commission’s draft proposals for new Assembly lines. It’s been a long road, folks. Head on down to Long Island if you still want to weigh in.

#UpstateAmerica: Chuck Schumer says something needs to be done about the hundreds of Kias and Hyundais that have been stolen in Buffalo due to TikTok.

 

A message from Tobacco Kills NY:

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AROUND NEW YORK

— Rep. Dan Goldman introduced federal legislation that would direct millions of dollars to create a museum on top of the African burial site in lower Manhattan.

— The pilot plan for five single portable toilets in New York City parks could reach $5.3 million, with each station costing about $185,000.

— Flushing Aquatic Center Pool has finally reopened.

— Nate McMurray ended his Democratic candidacy for Erie County executive less than a month after announcing it.

— Adirondack Council Executive Director Willie Janeway will step down from his post on Sept. 15.

 

DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOSDOWNLOAD FOR ANDROID.

 
 
SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: NYT’s Paul Krugman, Lisa Lerer and Meredith Kopit Levien ... WaPo’s Sarah Ellison Andrea Riccio … Manhattan Institute’s Kelsey Bloom ... Brendan Kelly

MAKING MOVES — Alan Yu, formerly chief development officer for the Committee for Hispanic Children and Families, has been named the new executive director of New Yorkers for Children. Denise Maybank, vice chancellor for Student Affairs for the City University of New York and a member of the NYFC Board of Directors for two years, has been named co-president of the board. … Vincent Polito is now CEO of the Society of Independent Show Organizers. He most recently was managing director of mdg.

 

A message from Tobacco Kills NY:

Flavored tobacco is much more addictive and dangerous than regular tobacco—and Big Tobacco aggressively markets it to young people and people of color in New York, leading to higher rates of death and illness. It’s time to act. Civil rights and public health leaders are fighting to restrict the sale of dangerous flavored tobacco products in New York. Will you join them?

Go to TobaccoKillsNY.org to learn more.

 
Real Estate


Fed says overvalued commercial real estate poses risk to financial system,” by Crain’s New York’s Aaron Elstein: “Worries about empty office towers have reached the Federal Reserve, which has warned that ongoing problems in commercial real estate threaten the stability of the financial system. That warning, delivered last week deep in the minutes of the Fed’s most recent meeting, comes as stress for commercial landlords is rising three years after the Covid-19 pandemic upended their world.”

CITY COUNCIL MEMBER RAFAEL SALAMANCA JR., a Democrat who represents the South Bronx and is chair of the Land Use Committee, previewed an oversight hearing happening today on office-to-housing conversions on “Inside City Hall.” Salamanca reiterated a number of recommendations from a city task force’s 32-page study released in January. That report called for greater flexibility in conversion regulations, among a number of other changes. Salamanca said he thinks it will be critical to consider the role of affordable housing in rezoning efforts. To do that, he said, “there needs to be some tax incentives,” which he called on the state to help with. — Zachary Schermele

 

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Anna Gronewold @annagronewold

 

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