Assemblyman Perry Passes Historic Bill to Create Statewide Commission on Prosecutorial Conduct

June 19, 2018


Contact: Frank Shea (646) 369-2834 

 

Albany, NY- On Tuesday, the New York State Assembly passed legislation (A.5285) sponsored by Assemblyman Nick Perry to establish a commission which would investigate complaints of prosecutorial misconduct.  The bill passed the Senate last week, and will be soon delivered to Governor Andrew Cuomo to be signed into law.

 

The commission comprised of 11 members appointed by the Governor, legislative leaders and the judiciary, would have the authority to receive and investigate complaints of alleged misconduct by prosecutors.  If signed by the Governor, New York will be the first state in the nation to have a government body that holds prosecutors accountable for their conduct.

 

Assemblyman Nick Perry first introduced the bill in 2014 at the request of advocates for the wrongfully accused, and along with his co-sponsor, Senator John DeFrancisco, aggressively pursued its passage for the past four years. 

 

"The successful passage of the bill into law was a real high-level challenge, probably the most difficult in my 25 years in the Assembly, but it was easy to maintain my motivation and focus as I learned each day of the crippling impact of unchecked power of prosecutors, and the egregious misconduct that put numerous innocent New Yorkers behind bars.  It was both amazing and alarming to learn that almost every single time, bad prosecutors got away with misconduct with no penalty, whatsoever.  By signing this bill into law, the Governor will put New York State at the very head of the line as the undisputed leader on the quest for justice and fairness in our criminal justice system.”

 

According to the National Registry of Exonerations, 43 percent of wrongful convictions are the result of official misconduct, and New Yorkers who have been exonerated, have spent nearly 2000 years in prison.

 

Throughout the bill process Assemblyman Perry has made clear that this legislation should never be viewed as an attack on prosecutors. “The record is clear that the vast majority of prosecutors are hardworking and honest public servants; however, in every occupation you have your bad apples.  A bad prosecutor could cost a wrongfully convicted person years, decades or even the rest of their lives locked up in prison, away from their families, serving time for a crime that he or she didn't commit.  We should never allow the bad apple to spoil the whole bunch by doing nothing to remove it," said Assemblyman Perry.  "The mere fact that 97 percent of felony criminal cases in the U.S. are resolved without a trial, exhibits the enormity and awesome power of the prosecutor in deciding who gets incarcerated and who walks free. The damage from just one dishonest prosecutor can be devastating. Therefore, the need for all prosecutors to play fair and honest is paramount. The current structure which allows for unchecked conduct of our state’s prosecutors undermines our entire justice system and this new law will fix that." 

 

"I want to thank my colleague Senator DeFrancisco for spearheading the bill's bipartisan passage in the Senate last week, and all of the criminal justice advocates who so passionately crusaded on behalf of the wrongfully accused, wrongfully convicted and victims of prosecutorial malfeasance," said Assemblyman Perry.  “This commission will provide and help maintain the fairness in our justice system, which is more than just a promise, but a foundation of our democracy."

 

Assemblyman Perry represents the 58th Assembly District, located in the East Flatbush, Canarsie and Brownsville neighborhoods of Brooklyn, New York.  He serves as the Assistant Speaker Pro Tempore of the New York State Assembly and Chairman of the New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus.

​​ New York State Legislators Demand Trump Administration End Inhumane Policy of Family Separation

June 20, 2018

Members of the New York State Senate and Assembly today released an open letter demanding the Trump administration stop further traumatizing children. The members emphatically said to the Trump Administration that #FamiliesBelongTogether and called for the end of the inhumane policy of separating innocent children from their parents who cross the Southwest border seeking asylum in the United States. The letter is a joint effort by the Assembly’s Task Force on New Americans; Black, Puerto Rican, Hispanic & Asian Legislative Caucus; Legislative Women’s Caucus; Puerto Rican/Hispanic Task Force; Task Force on Women’s Issues; and Asian Pacific American Task Force.

Legislators stressed the short- and long-term damage to these children from being unnecessarily separated from their families. Since Attorney General Jeff Sessions announced Trump’s so-called “zero-tolerance” policy, thousands of children have been separated from their parents and are being held in detention centers and other institutional facilities.

The letter echoes the message of hundreds of state and national child development, child welfare and juvenile justice groups from all 50 states that sent a similar letter to Department of Homeland Security Secretary Kirstjen M. Nielsen.

“We write to demand you immediately reverse course on the Administration's inhumane decision to separate children from their parents at the border,” legislators said in today’s letter.

Legislators underscored that the administration’s cruel and unnecessary separations run counter to widely accepted standards of care that prioritize keeping children and families together whenever possible.

“Best practices and ample evidence in child welfare promote keeping children and their parents together...unnecessarily separating children from their parents further exacerbates the situation.”

Assemblyman Perry Cautions Constituents

to Beware of $cammers Impersonating IRS Agents

Does this sound familiar? “All I need is your social security number.” “Claim your free prize now!” “This investment is guaranteed to make money!” These days, we’ve become familiar with many of the telltale signs of scams. But the criminals who perpetrate scams are becoming more sophisticated, and tax season is their open season. Each year, scammers defraud unsuspecting taxpayers out of thousands of hard-earned dollars. Fortunately, there are steps you can take to protect yourself and your family during tax season. If you know what to look for – and if you exercise caution – you can make sure you won’t fall victim to tax scams.

In recent years, over 350,000 American taxpayers have been targeted by scammers. Fake IRS agents make phone calls to people of all income levels and backgrounds in nearly every state. They tell the target they owe money and demand immediate payment. Often, these calls are convincing: Scammers can manipulate caller ID to make it appear that they are calling from the IRS, and they sometimes know the last four digits of the taxpayer’s social security number. They may threaten jail time, loss of a business or driver’s license or deportation if their demands are not met. Since 2013, scams like these have resulted in about $15.5 million in losses for taxpayers.

Although tax scams can be crafty and deceitful, there are ways to determine if a communication from the IRS is legitimate. One thing to remember is this: The IRS will never call you to demand immediate payment, even if you owe back taxes. Additionally, scammers will often demand specific payment methods like prepaid debit cards or wire transfers, while the real IRS will never require you to use a specific method to pay your taxes. Other tips for protecting yourself:

 

  • The IRS will never call you about taxes owed without first mailing you a notification;

  • If you owe taxes, the IRS will never demand payment without first providing the opportunity to question or appeal the amount you owe;

  • The IRS will never ask for credit or debit card numbers over the phone; and

  • The IRS will never threaten to have you arrested for not paying your taxes.

If you receive a call from someone claiming to be from the IRS and asking you for money, here’s what you should do:

 

  • If you think you might owe back taxes, hang up and call the IRS at 1-800-829-1040; or

  • If you know you don’t owe taxes, report the incident to the Treasury Department’s Inspector General for Tax Administration at 1-800-366-4484 or online at tigta.gov.2

By keeping these tips in mind, you can make sure you know whether a communication from the IRS is genuine. And by reporting any suspicious calls, you’re not only protecting yourself and your family – you’re also protecting other taxpayers across the country. As always, if you have questions about tax scams or any other community issue, please feel free to contact my office at perryn@assembly.state.ny.us or by calling (718) 385-3336.

Assemblyman Perry Fights to legalize "electric bikes." Introduces legislation in Albany which garners a groundswell of support. 

Assemblyman Perry introduced a bill in the Assembly which would clarify the legal status of electric assisted bicycles, commonly referred to as pedal assist bikes or e-bikes.  Assemblyman Perry says the law is outdated and unfair and adversely effects the immigrant community.  

Below are links to news coverage on Assemblyman Perry's bill:

NY Post

Daily News

Crains

Fox 5 News

Capital Tonight

Join Friends of Nick Perry on their Annual Boatride

July 01, 2017

Sail Aboard the Liberty Belle along with the Friends of Nick Perry on a Pre-Independence Day Boatride on the Hudson River on Saturday, July 1, 2017.  Tickets are $65. 

For Directions Click Here 

In Memoriam - Congressman Robert Garcia

January 27, 2017

Without question, the NYS Association of Black, Puerto Rican, Hispanic & Asian Legislators did the right thing honoring this trailblazing leader at its gala last year. We thank him for his leadership in securing passage of the law that made Martin Luther King's Birthday a national holiday. May the angels welcome you home. Rest In Peace Rep. Robert Garcia, you served well. Prayers and condolences to Mrs. Garcia and family.

Come Celebrate Assemblyman Perry's 25th Year of Service

January 14, 2017

Join Assemblyman Nick Perry on Saturday, January 14, 2017 at 6:00pm at his Ecumenical Thanksgiving Service and Community Swear-In and Inaugural Gala.

You are Invited to the Friends of Nick Perry Annual Awards Ceremony Dinnner and Dance

October 29, 2016

Come celebrate with Friends of Nick Perry as we honor several distinguished leaders in our community.  

Join the Friends of Nick Perry on their Annual Bus Ride to Atlantic City

September 17, 2016

On September 17, 2016 the Friends of Nick Perry will depart for Bally's Atlantic City.  Not a gambler? That's ok, Bally's is located right next dor to Tanger Outlets.

Bus tickets cost $50, with a $15 casino rebate.

Assemblyman Nick Perry says Bratton's Departure as Commissioner was Due

August 04, 2016

NYPD Commissioner Bill Bratton was growing increasingly out of step with what the city needed from its police commissioner. Bratton's decision to resign is the best thing that could have happened for Mayor Bill de Blasio, and for the City of New York. I welcome his departure which clears the way for the Mayor to appoint a Police Commissioner who will be more responsive to the need for aggressive reform in policing New York City's neighborhoods. 

The scandal of the on-going investigation involving commanders in the department, his questionable promotion of Sgt. Kenneth Boss, who was involved in the Amadou Diallo shooting, his slap on the wrist to Officer Daniel Pantaleo, whose chokehold led to the death of Eric Garner, and the recent promotion of Captain Constantin Tsachas who was recorded demanding minority arrest quotas, were just some of the clear evidence of his disconnect. 

Mayor de Blasio now has the opportunity to appoint a commissioner who can be more closely aligned with his vision, and what the city needs from our police department. I do thank Commissioner Bratton for his service to our great city, which included a significant amount of positive contributions, but thank him most for realizing it is time to go.

-Assemblyman N. Nick Perry 

Assemblyman Perry's Statement on his fight to end shackling of inmates during childbirth in New York.

January 26, 2016

“As a husband, father and grandfather, I was profoundly moved by the reports of female prisoners giving birth while shackled, and I was stirred into taking action to make sure no incarcerated female would have to give birth in an environment lacking in safety, dignity and respect in New York.  I was quite elated in 2009 when the governor signed into law my bill putting an end to the barbaric practice.  Needless to say I am beyond disheartened to still hear reports stating that female prisoners are still experiencing the horror and indignation of beingshackled during childbirth nearly six years after my bill became law,” said Assemblyman Nick Perry. “Given this news I immediately was moved into action to strengthen the existing law and a bill was passed in both the Assembly and Senate to require pre-approval by the county sheriff or prison superintendent in any instance of shackling an inmate in labor pursuant to the extraordinary circumstances exception in the current law.  The new bill also expands the prohibition against shackling to include pregnant women in general and women who are up to eight weeks postpartum, and also requires that the details of the anti-shackling law be provided to all women upon admission and all pregnant inmates.  I stand with the Correctional Association of New York  and urge Governor Cuomo to sign this bill into law, to assure that no woman incarcerated in New York will ever give birth in chains again.”

Assemblyman Perry Elected Chair of NYS Caucus of Black,  Hispanic, Puerto Rican and Asian Legislators

June 26, 2015

Upon the close of the 2015 legislative session Assemblyman N. Nick Perry was elected, by an overwhelming margin to chair of the New York Black, Puerto Rican, Hispanic and Asian Legislative Caucus by his colleagues in the legislature. 

 

“It is a tremendous honor to serve as the new Caucus chair, at this pivotal time in our state and nation’s history.” Said Assemblyman Perry.”   

 

“I feel quite privileged and honored to be chosen by my colleagues in the Assembly and Senate to lead the caucus and look forward to the challenge of uniting us as one voice while respecting the diverse constituencies we represent.”

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Assemblyman Perry following passage of the historic bill with criminal justice advocates and wrongfully accused New Yorkers who spent years behind bars for crimes they did not commit. 

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