ο»ΏHow do felony cases usually end in NY State? π©ββοΈ
A felony defendant is very unlikely to be acquitted by a jury in NY State, though they have a fair chance of their case being dismissed based on merit or procedure by a judge.
| Results in NYS Felony Cases, 2021 | ||
| Disposition | Cases | Percent |
|---|---|---|
| Acquitted | 137 | 0.13% |
| Diverted and Dismissed | 178 | 0.17% |
| Other Favorable | 1,828 | 1.70% |
| Covered by Another Case | 4,989 | 4.63% |
| DA Declined to Prosecute | 6,248 | 5.80% |
| Dismissed-ACD | 7,261 | 6.74% |
| Dismissed-Not ACD | 36,720 | 34.06% |
| Convicted-Sentenced | 50,435 | 46.79% |
| Andy Arthur, 4/5/23 Data Source: NYS DCJS | ||
DCJS Definitions
Convicted-Sentenced: Cases resulting in a conviction, either by plea or trial, where a sentence has been imposed.
Diverted and Dismissed: Cases dismissed after successful completion of a treatment/diversion program pursuant to CPL 400.10(04).
Covered by Another Case: Cases resolved by a disposition (usually a guilty plea) in a separate case.
Dismissed-Adjourned in Contemplation of Dismissal (ACD): Cases dismissed after a period of adjournment per CPL 170.55.
Dismissed-Not ACD: Cases that were dismissed based on merit or procedure.
Acquitted: Cases where the defendant was found not guilty after trial.
DA Declined to Prosecute: Cases where the District Attorney declined to bring formal charges against the arrested individual.
Other: Includes cases abated by the defendant’s death, unknown favorable dispositions, and cases where it was determined that New York State did not have jurisdiction.
April 4, 2023 6 AM Update
Second gear, pull ‘r down and towards you β
Pull it back into second on this Tuesday. Seems like the rain was done in time for the morning walk. Dark start to the morn but it’s getting bright out quickly. 9.1 miles yesterday.
Good morning! Happy Tuesday. Cloudy and 46 degrees in Delmar. π₯ Calm wind. Mild weather.
Yesterday was nice with all that sunlight streaming into my office. β I really like my private office with the east facing windows and my desk right next to the windows with the plants. πΏ I can complain about a lot but that’s nice. The money’s good even if most of it’s going into investments for a better tomorrow. And I’m focused on more exercise every day and eating right. Maybe today though I’ll need my desk lamp on, especially later in the day.
Today will have a chance of light rain before 10am, then a slight chance of light rain after 5pm. Mostly cloudy π§, with a high of 60 degrees at 3pm. Seven degrees above normal, which is similar to a typical day around April 16th. North wind 3 to 5 mph. Chance of precipitation is 30%. New precipitation amounts of less than a tenth of an inch possible. A year ago, we had cloudy skies in the morning with more sun in the afternoon. The high last year was 54 degrees. The record high of 79 was set in 1950. 4.3 inches of snow fell back in 2016.β
Out walking a bit early today π as the bus lately has been running earlier lately and I don’t want to risk missing it like I almost did yesterday. Plus I was up and going. πΆβοΈ I much prefer to walk first and eat breakfast second. Skipping the coffee β before walking means I have much less of a need to use the bathroom, π½ plus it makes it more like a sleep walk. π€ Sometimes the best way to get through the morning.
Solar noon π is at 12:59 pm with sun having an altitude of 53° from the due south horizon (-17.8° vs. 6/21). A six foot person will cast a 4.5 foot shadow today compared to 2.2 feet on the first day of summer. The golden hour π starts at 6:47 pm with the sun in the west (272°). πΈ The sunset is in the west (279°) with the sun dropping below the horizon at 7:24 pm after setting for 2 minutes and 56 seconds with dusk around 7:52 pm, which is one minute and 8 seconds later than yesterday. π At dusk you’ll see the Full π Moon in the east-southeast (107°) at an altitude of 21° from the horizon, 246,641 miles away. π The best time to look at the stars is after 8:27 pm. At sunset, look for rain π§ and temperatures around 53 degrees. There will be a north breeze at 9 mph. Tomorrow will have 12 hours and 57 minutes of daytime, an increase of 2 minutes and 52 seconds over today.
Seems like there is some hints of green in the grass πΎnow that we are in the month of April. It will be nice once things green up a bit. Looking forward to seeing more color in the world as things green up and the fire danger go down so I can have bigger fires in the woods. That said, the black flies are in waiting but I have the screen tent for those days.
A picture perfect weekend on tap for Easter. π Saturday, mostly sunny, with a high near 56. Sunday, sunny, with a high near 62. Maximum dew point of 30 at 9pm. Typical average high for the weekend is 56 degrees. It should be a nice weekend assuming I get out of jail before then, π though not much is likely to happen during that weekend I was more than a little hoping to get out of town come Thursday. Maybe I was a little too optimistic that Kathy would bail me out. I’ll find something fun to do this weekend. π°
One month π from now will be 8:30 PM Dusk π when the sun will be setting at 7:59 pm.
Observations on DACs
I was curious about the political winners and losers under New York’s Climate Leadership and Community Protection Act, which mandates disadvantaged communities receive at least 35% of state spending on clean energy and energy efficiency programs. “Designated as DAC” is the percentage of the district’s population that lives in a designated DAC 2019 Census tract. This analysis was done using simple point-on-polygon analysis using R and the NYS GIS REST/Services.
Roughly 37% of the state’s population lives in a DAC tract. But as Democratic districts are generally poorer and more urban, 45% of Assembly districts represented by Democrats’ population reside in DAC tracts, while 15% of Assembly districts represented by Republicans’ population reside in DAC tracts.
Counties
| County | Designated as DAC |
|---|---|
| Bronx | 89.39% |
| Montgomery | 67.41% |
| Orleans | 62.36% |
| Orange | 52.75% |
| Ulster | 48.01% |
| Sullivan | 46.10% |
| New York | 45.09% |
| Kings | 44.92% |
| Dutchess | 44.18% |
| Westchester | 43.39% |
| Niagara | 42.53% |
| Wayne | 38.49% |
| Queens | 35.67% |
| Broome | 32.15% |
| Monroe | 31.82% |
| Onondaga | 30.99% |
| Schenectady | 29.22% |
| Oswego | 29.15% |
| Chautauqua | 29.14% |
| Greene | 28.64% |
| Chemung | 28.22% |
| Richmond | 28.19% |
| Rensselaer | 27.87% |
| Cayuga | 27.84% |
| Rockland | 27.53% |
| Madison | 25.96% |
| Albany | 25.66% |
| Seneca | 25.37% |
| Yates | 25.14% |
| Erie | 24.57% |
| Cortland | 24.14% |
| Oneida | 23.85% |
| St. Lawrence | 23.79% |
| Genesee | 19.29% |
| Fulton | 19.23% |
| Cattaraugus | 17.79% |
| Columbia | 17.34% |
| Nassau | 16.70% |
| Franklin | 16.54% |
| Tioga | 16.38% |
| Suffolk | 16.28% |
| Allegany | 15.87% |
| Jefferson | 13.11% |
| Ontario | 12.68% |
| Steuben | 12.48% |
| Herkimer | 12.42% |
| Delaware | 12.07% |
| Clinton | 10.13% |
| Washington | 7.52% |
| Warren | 6.88% |
| Tompkins | 6.77% |
| Chenango | 6.35% |
| Otsego | 4.68% |
| Livingston | 4.61% |
| Essex | 0.00% |
| Hamilton | 0.00% |
| Lewis | 0.00% |
| Putnam | 0.00% |
| Saratoga | 0.00% |
| Schoharie | 0.00% |
| Schuyler | 0.00% |
| Wyoming | 0.00% |
Senate Districts
| Member | SD | Party | Designated as DAC |
|---|---|---|---|
| Luis R. SepΓΊlveda | 32 | Democratic | 100.00% |
| Julia Salazar | 18 | Democratic | 92.27% |
| Cordell Cleare | 30 | Democratic | 88.90% |
| JosΓ© M. Serrano | 29 | Democratic | 88.00% |
| Nathalia Fernandez | 34 | Democratic | 86.87% |
| Robert Jackson | 31 | Democratic | 85.86% |
| Gustavo Rivera | 33 | Democratic | 82.02% |
| Jamaal T. Bailey | 36 | Democratic | 79.70% |
| Jabari Brisport | 25 | Democratic | 77.52% |
| Jessica Ramos | 13 | Democratic | 70.61% |
| Jessica Scarcella-Spanton | 23 | Democratic | 69.85% |
| Roxanne J. Persaud | 19 | Democratic | 67.82% |
| Timothy M. Kennedy | 63 | Democratic | 60.96% |
| Robert Rolison | 39 | Republican | 56.84% |
| Andrea Stewart-Cousins | 35 | Democratic | 55.06% |
| James Sanders Jr. | 10 | Democratic | 52.21% |
| Kevin Thomas | 6 | Democratic | 48.79% |
| Jeremy A. Cooney | 56 | Democratic | 46.08% |
| Rachel May | 48 | Democratic | 43.25% |
| James Skoufis | 42 | Democratic | 41.13% |
| Zellnor Myrie | 20 | Democratic | 40.28% |
| Michelle Hinchey | 41 | Democratic | 40.07% |
| Brian Kavanagh | 27 | Democratic | 39.70% |
| Robert G. Ortt | 62 | Republican | 38.90% |
| Kristen Gonzalez | 59 | Democratic | 37.62% |
| Monica R. Martinez | 4 | Democratic | 35.18% |
| Joseph P. Addabbo Jr | 15 | Democratic | 33.17% |
| Andrew Gounardes | 26 | Democratic | 30.53% |
| Neil D. Breslin | 46 | Democratic | 28.13% |
| Michael Gianaris | 12 | Democratic | 27.85% |
| William Weber Jr. | 38 | Republican | 27.43% |
| Shelley B. Mayer | 37 | Democratic | 26.97% |
| Samra G. Brouk | 55 | Democratic | 25.80% |
| Toby Ann Stavisky | 11 | Democratic | 25.29% |
| Lea Webb | 52 | Democratic | 24.14% |
| Jacob Ashby | 43 | Republican | 23.13% |
| Joseph A. Griffo | 53 | Republican | 22.54% |
| Pete Harckham | 40 | Democratic | 21.34% |
| Dean Murray | 3 | Republican | 21.25% |
| George M. Borrello | 57 | Republican | 19.77% |
| Thomas F. O’Mara | 58 | Republican | 19.36% |
| Peter Oberacker | 51 | Republican | 19.23% |
| John W. Mannion | 50 | Democratic | 18.97% |
| Brad Hoylman-Sigal | 47 | Democratic | 18.12% |
| Pamela Helming | 54 | Republican | 17.91% |
| Leroy Comrie | 14 | Democratic | 17.55% |
| John C. Liu | 16 | Democratic | 16.90% |
| Mark Walczyk | 49 | Republican | 16.36% |
| Patricia Canzoneri-Fitzpatrick | 9 | Republican | 15.77% |
| Iwen Chu | 17 | Democratic | 15.48% |
| James Tedisco | 44 | Republican | 13.50% |
| Sean M. Ryan | 61 | Democratic | 13.32% |
| Anthony H. Palumbo | 1 | Republican | 12.46% |
| Kevin S. Parker | 21 | Democratic | 12.38% |
| Daniel G. Stec | 45 | Republican | 10.47% |
| Simcha Felder | 22 | Democratic | 8.69% |
| Alexis Weik | 8 | Republican | 6.99% |
| Andrew J. Lanza | 24 | Republican | 5.70% |
| Liz Krueger | 28 | Democratic | 5.45% |
| Jack M. Martins | 7 | Republican | 4.06% |
| Patrick M. Gallivan | 60 | Republican | 3.12% |
| Mario R. Mattera | 2 | Republican | 2.48% |
| Steven D. Rhoads | 5 | Republican | 1.82% |
Assembly District
| Member | AD | Party | Designated as DAC |
|---|---|---|---|
| Maritza Davila | 53 | Democratic | 100.00% |
| Erik M. Dilan | 54 | Democratic | 100.00% |
| Latrice Walker | 55 | Democratic | 100.00% |
| Latoya Joyner | 77 | Democratic | 100.00% |
| Chantel Jackson | 79 | Democratic | 100.00% |
| Kenny Burgos | 85 | Democratic | 100.00% |
| Yudelka Tapia | 86 | Democratic | 100.00% |
| Amanda Septimo | 84 | Democratic | 99.82% |
| Nikki Lucas | 60 | Democratic | 96.49% |
| George Alvarez | 78 | Democratic | 95.36% |
| Karines Reyes | 87 | Democratic | 93.62% |
| Inez Dickens | 70 | Democratic | 91.31% |
| Stefani Zinerman | 56 | Democratic | 90.87% |
| Al Taylor | 71 | Democratic | 90.52% |
| J. Gary Pretlow | 89 | Democratic | 90.33% |
| Michael Benedetto | 82 | Democratic | 87.67% |
| Demond Meeks | 137 | Democratic | 87.28% |
| Edward Gibbs | 68 | Democratic | 87.07% |
| Manny De Los Santos | 72 | Democratic | 85.18% |
| Jonathan G. Jacobson | 104 | Democratic | 83.48% |
| Taylor Darling | 18 | Democratic | 81.97% |
| John Zaccaro Jr. | 80 | Democratic | 81.34% |
| Jeffrion L. Aubry | 35 | Democratic | 75.81% |
| Nader J Sayegh | 90 | Democratic | 73.80% |
| Carl E. Heastie | 83 | Democratic | 73.68% |
| Crystal D. Peoples-Stokes | 141 | Democratic | 73.22% |
| Emily Gallagher | 50 | Democratic | 68.62% |
| Grace Lee | 65 | Democratic | 68.52% |
| Marcela Mitaynes | 51 | Democratic | 68.20% |
| Khaleel Anderson | 31 | Democratic | 64.31% |
| Zohran Mamdani | 36 | Democratic | 63.94% |
| Aileen Gunther | 100 | Democratic | 62.69% |
| Charles D. Fall | 61 | Democratic | 62.38% |
| William B. Magnarelli | 129 | Democratic | 61.69% |
| Jessica GonzΓ‘lez-Rojas | 34 | Democratic | 60.48% |
| Vivian E. Cook | 32 | Democratic | 58.65% |
| Catalina Cruz | 39 | Democratic | 54.06% |
| Phara Souffrant Forrest | 57 | Democratic | 53.31% |
| Steven Otis | 91 | Democratic | 52.91% |
| John T. McDonald, III | 108 | Democratic | 51.55% |
| Jeffrey Dinowitz | 81 | Democratic | 50.18% |
| Angelo Santabarbara | 111 | Democratic | 47.11% |
| Stacey Pheffer Amato | 23 | Democratic | 46.85% |
| Pamela J. Hunter | 128 | Democratic | 46.47% |
| Dana Levenberg | 95 | Democratic | 45.65% |
| Sarah Clark | 136 | Democratic | 45.12% |
| Alec Brook-Krasny | 46 | Republican | 44.42% |
| Sarahana Shrestha | 103 | Democratic | 44.24% |
| Marianne Buttenschon | 119 | Democratic | 43.55% |
| Kimberly Jean-Pierre | 11 | Democratic | 43.45% |
| Kenneth Zebrowski | 96 | Democratic | 43.11% |
| Joe DeStefano | 3 | Republican | 41.97% |
| Jenifer Rajkumar | 38 | Democratic | 41.95% |
| Angelo Morinello | 145 | Republican | 41.50% |
| Didi Barrett | 106 | Democratic | 41.13% |
| Donna A. Lupardo | 123 | Democratic | 40.39% |
| Jonathan Rivera | 149 | Democratic | 39.18% |
| Christopher Eachus | 99 | Democratic | 36.02% |
| Patricia Fahy | 109 | Democratic | 35.92% |
| Brian Maher | 101 | Republican | 34.43% |
| Ron Kim | 40 | Democratic | 33.72% |
| Brian A. Cunningham | 43 | Democratic | 33.70% |
| Monique Chandler-Waterman | 58 | Democratic | 33.12% |
| Phil Ramos | 6 | Democratic | 33.06% |
| Stephen Hawley | 139 | Republican | 32.84% |
| Pat Burke | 142 | Democratic | 32.45% |
| Anil Beephan Jr. | 105 | Republican | 32.45% |
| David I. Weprin | 24 | Democratic | 31.43% |
| Scott Gray | 116 | Republican | 30.48% |
| Rodneyse Bichotte Hermelyn | 42 | Democratic | 30.26% |
| Andy Goodell | 150 | Republican | 30.25% |
| Daniel J. O’Donnell | 69 | Democratic | 29.85% |
| Daniel Rosenthal | 27 | Democratic | 28.09% |
| Alicia Hyndman | 29 | Democratic | 27.92% |
| Harry B. Bronson | 138 | Democratic | 26.11% |
| Karl Brabenec | 98 | Republican | 26.05% |
| William A. Barclay | 120 | Republican | 25.95% |
| Brian Manktelow | 130 | Republican | 25.80% |
| Juan Ardila | 37 | Democratic | 25.70% |
| Michael Novakhov | 45 | Republican | 25.61% |
| Charles D. Lavine | 13 | Democratic | 25.40% |
| Robert Smullen | 118 | Republican | 24.90% |
| Samuel Pirozzolo | 63 | Republican | 23.79% |
| Chris Burdick | 93 | Democratic | 23.76% |
| Christopher S. Friend | 124 | Republican | 23.44% |
| Jo Anne Simon | 52 | Democratic | 23.24% |
| Michaelle C. Solages | 22 | Democratic | 23.13% |
| Linda B. Rosenthal | 67 | Democratic | 23.01% |
| William Conrad | 140 | Democratic | 22.27% |
| Tony Simone | 75 | Democratic | 21.98% |
| Steven Raga | 30 | Democratic | 21.54% |
| John Lemondes | 126 | Republican | 19.81% |
| Monica P. Wallace | 143 | Democratic | 19.62% |
| Michael Norris | 144 | Republican | 19.33% |
| Harvey Epstein | 74 | Democratic | 19.01% |
| William Colton | 47 | Democratic | 18.85% |
| Maryjane Shimsky | 92 | Democratic | 18.27% |
| John W. McGowan | 97 | Republican | 18.19% |
| Jodi Giglio | 2 | Republican | 17.78% |
| Jeff Gallahan | 131 | Republican | 17.64% |
| Brian Curran | 21 | Republican | 17.03% |
| Eric Ari Brown | 20 | Republican | 16.90% |
| Jarett Gandolfo | 7 | Republican | 16.41% |
| Keith Brown | 12 | Republican | 16.34% |
| Joseph M. Giglio | 148 | Republican | 16.06% |
| Michael Tannousis | 64 | Republican | 16.02% |
| Brian Miller | 122 | Republican | 14.93% |
| Fred W. Thiele, Jr. | 1 | Democratic | 14.83% |
| Amy Paulin | 88 | Democratic | 14.09% |
| Anna Kelles | 125 | Democratic | 13.83% |
| Josh Jensen | 134 | Republican | 13.27% |
| Joe Angelino | 121 | Republican | 13.04% |
| Philip A. Palmesano | 132 | Republican | 13.03% |
| Billy Jones | 115 | Democratic | 11.42% |
| Helene E. Weinstein | 41 | Democratic | 11.32% |
| Chris Tague | 102 | Republican | 9.58% |
| Deborah J. Glick | 66 | Democratic | 9.48% |
| Rebecca Seawright | 76 | Democratic | 8.33% |
| Lester Chang | 49 | Republican | 7.29% |
| Carrie Woerner | 113 | Democratic | 6.80% |
| Simcha Eichenstein | 48 | Democratic | 6.45% |
| Steve Stern | 10 | Democratic | 6.42% |
| Andrew Hevesi | 28 | Democratic | 6.39% |
| Jaime Williams | 59 | Democratic | 6.01% |
| Nily D. Rozic | 25 | Democratic | 5.88% |
| Edward P. Ra | 19 | Republican | 5.29% |
| John Mikulin | 17 | Republican | 4.59% |
| Michael Durso | 9 | Republican | 3.68% |
| Phil Steck | 110 | Democratic | 3.60% |
| Edward Flood | 4 | Republican | 2.80% |
| Scott H. Bendett | 107 | Republican | 2.59% |
| Robert C. Carroll | 44 | Democratic | 2.34% |
| Douglas M. Smith | 5 | Republican | 2.29% |
| Majorie Byrnes | 133 | Republican | 2.19% |
| David DiPietro | 147 | Republican | 0.98% |
| Jennifer Lunsford | 135 | Democratic | 0.84% |
| Michael J. Fitzpatrick | 8 | Republican | 0.00% |
| David G. McDonough | 14 | Republican | 0.00% |
| Jake Blumencranz | 15 | Republican | 0.00% |
| Gina Sillitti | 16 | Democratic | 0.00% |
| Edward C. Braunstein | 26 | Democratic | 0.00% |
| Clyde Vanel | 33 | Democratic | 0.00% |
| Michael Reilly | 62 | Republican | 0.00% |
| Alex Bores | 73 | Democratic | 0.00% |
| Matthew Slater | 94 | Republican | 0.00% |
| Mary Beth Walsh | 112 | Republican | 0.00% |
| Matthew Simpson | 114 | Republican | 0.00% |
| Ken Blankenbush | 117 | Republican | 0.00% |
| Al Stirpe | 127 | Democratic | 0.00% |
| Karen McMahon | 146 | Democratic | 0.00% |
April 3, 2023 MODIS Aqua
Nice clear afternoon on Sunday.









