1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMELINDA J.

RUBIO, RPR SENIOR COURT REPORTER B E F O R E: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CRIMINAL PART JURY 19 ----------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK, -againstABRAHAM RUBIN Defendant. ----------------------------------------x INDICTMENT 05219/2012

HONORABLE CHUN,

A P P E A R A N C E S:

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CHARLES J. HYNES, ESQ. District Attorney, Kings County Brooklyn, New York 11201 BY: PATRICIA MCKNEIL, ESQ. Assistant District Attorney

JOHN ESPOSITO, Esq. and ANDREW CINTRON, Esq. Attorneys for Defendant

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Justice of the Supreme Court

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320 Jay Street Brooklyn, New York 11201 January 10, 2014

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Rubin. THE COURT: counsel up here. Broadway. MR. CINTRON: People. MR. ESPOSITO: John Esposito, 321 calendar. THE CLERK: Number one on sentence

Indictment 5219-2012 Abraham Rubin. Appearances

Defendant is present before the Court. please. MS. MCKNIEL:

Patricia McKneil for the

Andrew Citron, also for

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Count 4. Yes.

Defendant present.

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May I see

orally amend the indictment with respect to count 14, typographical error.

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think it should read 215.00. THE COURT: Count 4 charges the

defendant with bribing a witness. The following penal law section says 215.10 (b) but it should read 215.00 (b) so that it is an amendment that the Court can grant. It was an

apparent typographical error on the indictment. I know defense is objecting. AJR The

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MS. MCKNEIL: THE COURT: MS. MCKNEIL:

At this time People move to

As to the stated charges, I

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 amendment is granted to read 215.00 (b). Before I impose sentence, I will give prosecution, defense counsel and the defendant a chance to address the Court. MS. MCKNEIL: People. As previously We

Thank you.

noted, this plea was over People's objection.

rely on our submission to the court and ask that the Court impose maximum sentence as promised under the Court's open plea agreement of a six month split. Despite the letters sent on behalf of defendant's behalf, if you look at what defendant plead to, egregious act was only to thwart criminal justice system. The maximum sentence is appropriate in that

the defendant's actions were aimed at protecting a person whose conduct was heinous and caused the

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victim irrepairable harm.

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here, Mr. Deutsch asked me to inform the Court he and his wife have gone through tremendous hardship because of defendant's actions. Lastly in submission to the court on behalf of defendant it listed, one of the mitigating circumstances being that money had not exchanged hands. In fact, as noted, even in the submission

that is not the requirement for the crime and this was something that was stopped via an arrest as

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While victims are not

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opposed to allowing the scheduled meetings to go forward for exchange of money. Additionally, as

listed in the probation report, there is a recommendation for split sentence. Accordingly we

respectfully ask the Court to sentence the defendant to the tmaximum maximum under open plea agreement of a six month split and issue full orders of protection on behalf of both victims. THE COURT: Counsel. Thank you.

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Thank you.

MR. ESPOSITO:

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Thank you.

I welcome this I have

opportunity to speak on behalf of Mr. Rubin.

had an opportunity to review the probation report and while counsel is correct that probation has essentially recommended split sentence, what they

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are saying they are willing to go along with the Court's promise and leave it to the Court's discretion as to what the appropriate sentence is in this particular case. I know the Court has read our submission carefully, considered it thoroughly and understands what this defendant's history is. He is joined today by many members of his family, members of his community, children, sisters, friends of community. AJR They are here with me to beg

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mercy in this case. They are praying you see They see him in the

Abraham in the same manner.

same manner, they have seen him lead his life through 50 years. They are here in support of him.

They are here telling you that the person that stands before you is in fact worthy of your mercy. If I may begin, judge by quoting one of the letters that was submitted by Ms. Diaz: Ms. Diaz, in her letter says we all make mistakes, but some of us deserve forgiveness, more than others. I cannot think of anyone who deserves In place of

it more than Abraham Rubin.

forgiveness, we ask this Court to show mercy. Your Honor, at the time of sentence, this

Court as indicated by the People made a promise of

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an open sentence, there was a maximum of a six month jail sentence on one end and the possibility of straight probation on the other end. At the time of sentencing, this Court obviously was aware of the charges, aware of the essential facts of the case itself, took Mr. Rubin's plea. Also, judge, obviously the Court knew and took into consideration the fact that he is 50 years old and this represents first arrest. AJR

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But in terms of giving us that promise, judge, I think the Court was putting the onerous, the burden on us to show this Court why he is worthy of mercy and it was upon us to show you who he is about, that this day would be about what he has done, who he is. And that the sentence, the

determination of where within those parameters the Court's ultimate sentence would stand was ultimately was going to determine who he is and what the Court determined what that to be.

I respectfully submit, judge, based upon what you have seen, what is in submissions that this man has led an exemplary life up to this point. He

is engaged in a life-long trail of charitable works, kindness and service to people within the community

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and most particularly, to the poor and needy. Judge, in this courtroom, in many of these

courtrooms, we often hear the term "aberration", as attorneys, we use it too loosely. Someone's first

arrest, it is aberration, but judge this is the case where that term truly stands on all floors, it is not simply aberration in this case because he is 50 years old, it is not an aberration in this case because it is first arrest. It is an aberration because of the life he AJR

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 has led up to this particular point, judge. detail some of those. I will

I know the Court has it so I It is

will not repeat everything in the submission.

an aberration based upon the life he has brought up to this point. Judge, there is an interesting billboard I was passing on my way home on the turnpike, exit 12, this huge billboard says if you should die tonight, one side says heaven, one side says hell. Regardless of your religious affiliation, obviously, it is a religious meaning, there is an implicit warning in there that is appropriate for today.

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The

message is today if you were to stand in judgment, as he stands in judgment today, you need to rely upon what you have done in the past.

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The defendant

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comes before the Court promising to rehabilitate, promising to go through programming and promising to do restitutions. I am not saying that he should not

be punished and punished appropriately but the judgment today we are prepared to stand on who he is and what he has done in his life. Your Honor, I am, with the Court's permission, I would like to refer to some of those letters that have been submitted and some of the highlights from those letters. AJR

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 One letter is from Kaygross, K-A-Y-G-R-O-S-S. It talks about life play of drugs

and hospitalization related to psychiatric illness throughout troubled youth, troubled life. She found

this person to be one friendly face she could count upon, visiting her in hospitals, walking her through certain things. Today Kaygross is a happily married

female living in Florida.

letter if not for Mr. Abraham Rubin, I would be on the garbage dump of society and either in jail or crack dependent or an inmate of a psychiatric unit.

extend kindness to a man who saved my life and impacted positively on the lives of so many others. There is a letter from Sterns.

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She concludes I beseech your Honor to

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children, two of them suffer from a severe developmental handicap. Those parents wanting more than anything

else to have their two children living in their home, not in a healthcare facility but in their home. That was virtually impossible because of the

circumstances, because of the house itself was not accessible for those purposes. This man, on his own, went out of his way, both in the, providing monetary and emotional

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What she says in her

The Sterns have six

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support, to make sure that that home was handicap accessible and today that home of six, family of six children live together under the same roof. She and

Stern hold him primarily responsible for that and thank him wholeheartedly. Jake Karpen. K-A-R-P-E-N that raised his Quoting him, he says

home to its very foundations.

at his own expense, meaning Mr. Rubin, he arranged everything for us that family distressed may need, linen, clothes, furniture what not.

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He was also

instrumental in helping us rebuild our home from scratch at his own expense, his own time and without publicity and fan-fare, the quiteness he employs while helping us. The letter describes how he was

instrumental in making sure that the Satmar school

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had a special unit for Satmar school had special unit for addressing children with special needs. They began being good for Rubin brought us peace of mind and give us enormous challenge with love and confidence. special man. Jacobovitz (ph) talks about the darkest night, talking about when her 8 year old son drowned in a swimming pool accident. Mr. Rubin came to the rescue. AJR Quote like an Angel He stayed at the Please show understanding to this

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hospital with the family, provided care, made sure specialist were provided for the family. He

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actually allowed them to do what they needed in caring for their other children. They asked that this very noble and selfless individual be treated with leniency. Sylvia Diaz, she is a lady who lost her husband, lives with five kids for a period of time, could not pay rent.

Mr. Rubin made sure that the rent was paid but he did not just stop there, he went a step further, he quietly collected her utility bills for a period of time and paid for them. The Lefferts talk about the fact their son They talked

was rushed to the hospital unconscious.

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about the fact that he slept at the hospital overnight to be with them and to be with their son or child who was unconscious. The fact that, because of the day of the week, he actually walked from his home in Brooklyn to be in the Manhattan hospital to where the child was being cared for. It was also occurring on high holy holiday, instead of being with his family, he was with family in need. AJR

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Judge, I could go on, on and on but these letters provided composite of who he truly is. There is the letter from the neighbors. It is

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almost funny because the neighbors say there matter as well not be a lock on Mr. Rubin's home. is not just open for family, it is open for strangers. He has told me that every Saturday His home

night, there are strangers who he needs at his home. Needy who come to his home.

The amazing thing, about Mr. Rubin is not about the Satmar community or any particular community, every single letter is clear. goodness, his kindness has no balance.

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His It is not

based on color, creed or any other sort of cultural divide.

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is going to get in return. anything in return.

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His kindness is not based upon on what he He never asked for

His kindness is limitless, it

is selfless, it is done in the most quiet fashion possible. Just quickly in terms of that neighbor, they describe how a family from Israel came with a very sick father who had cancer. That family stayed He cared for

in his home for a period of months. the family and father. them for years. AJR

He wound up taking care of

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I could go on and on with the letters. THE COURT: Which you are not. I appreciate that.

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MR. ESPOSITO:

It is not just the letters, it is the devastation that he attends to in the aftermath of 911, the fundraiser he does for ambulance service, massive food drive. The fact for 30 years he has

been collecting food for the needy.

Judge, this person is, who he is because who he came from, as indicated in our submission, his father came here and as he described to me alone, he had ten sublings or 11 siblings.

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When he

said to me alone, I asked foolishly why did they not come with you. Alone meant that they were all Instead of being

killed in a concentration camp.

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bitter and angry, his father was a selfless individual who acted in the same fashion, he is who he is because of his family. He is a special person That's who

because that is what is innate in him. he is.

the children, the letter describes a house filled with joy, business which people coming from all directions in consideration of your sentence, I ask you to keep in mind health issues regarding his wife AJR

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His family is here, the letters are from

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Zelva, I ask the Court to keep that in mind in terms of his attentive care to her needs, what he does in that relationship. Finally, judge, I will close, just quickly address the issue of proportionality, as a prinipal of sentencing, it is clear that each case has to be judged on its own facts and circumstances. can be judged identically to any other case. However, judge, even Supreme Court the motion of proportionality that cases quote unquote similarly situated do in fact need to be kept in some sort of structural compartment and treated similarly. No case

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proportionality indicates that we have a 50 year old

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who has never been arrested before.

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In this particular case, the principal

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The top count

in this particular case is a D Felony, legislature determined appropriate sentence on a D Felony can be probation. He was not given plea bargain, he was

told if you want to plead guilty, you have to plead guilty. He plead guilty to the entire indictment,

he saved people time, the expense of trying the case, he saved the complainant time, expense, whatever emotional trauma associated with testimony. There was no physical harm, no violence, no physical

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 threats, the charges are serious. that. We acknowledge

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We are just asking for prospective in terms This Court has been around

of the circumstances.

long enough, has done thousands of cases in upfront parts. arrest. I respectfully submit D Felony, first First, if any individuals go to jail, I

submit that individuals in that situation, with this background, with his charitable works do not need to go to jail. Hopefully this Court will have mercy by

not placing him in jail.

I thank you for time and attention. and plea that this Court be merciful. THE COURT: Thank you.

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Yes.

I beg

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THE DEFENDANT: AJR

Does the defendant

wish to say anything or address the Court?

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To all people who

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are here today, I am not a very good speaker, but I want to say a statement from the bottom of my heart. On or about 4 and-a-half years ago, I did something very terrible to the victim, to the People of the State of New York and to the community and even to my own family. I am deeply sorry by what I did.

There is a saying that in order to be repentant, you must do three things: One is to

acknowledge, acknowledge your own doing or misdeeds. Two, is to be sorry; three, is not to repeat the

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 misdeed. Therefore, I am acknowledging that I made

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a terrible mistake and I feel very sorry and trust me, I will never ever do it again, anything against the law. American. I will be a good law-abiding proud I must say again from the bottom of my

heart, it hurts me that I did anything like that against the law and I deeply regret it. I am now

involved in an organization called Deroryik (ph), which is an awareness organization to prevent people from breaking the law.

honorable judge, I feel very sorry. about the actions that I have done.

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As you can see your I feel bad

that I have said into consideration. man.

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Please understand me and take everything I am an honest

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vulnerable.

wonderful grandchildren, elderly mother.

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Please be compassionate, I am totally Please think for my wife, my kids, my My

siblings, who call me on a daily basis and all the other people who a depend on me. Please be lenient. Thank you.

I will accept your judgment faithfully. THE COURT: Thank you.

guilty to the entire indictment, four counts of bribing a witness. Class D felonies. He pleaded guilty to two counts of AJR Count 1 through 4, which are

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Defendant plead

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tampering with a witness in the fourth degree, Class A misdemeanors. He also pleaded guilty to count 7,

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coercion in the 2nd Degree, another class A misdemeanor. Class D felonies carry possible sentence of 2 and a third and 7 years in jail. One, when

they enacted that statute, the legislature gave a large discretion to the court by putting no mandatory minimum on that D felony which means the bottom, be probation or less such as conditional discharge or even a fine.

this indictment, steadfastly requested or offered a plea to a felony count with exchange for a sentence of a split sentence, six months jail, followed by

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the balance of five years of probation.

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The prosecution during the prosecution of

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That was

the People's offer and recommendation all along. Although they are not required to state a

reason why that is their offer, I assume that not having to go through a whole trial, not having to have the complainant or victim to testify and judicial expediency and other things entered into the calculation of recommending a six month split. Both Mr. Esposito and Mr. Citron requested this Court to accept a plea with an open mind with a AJR

PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 range of possible sentences. When defendant plead I said I

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guilty before me, I granted their request.

would have half the sentence at 6 month split provided defendant had no arrests, no subsequent arrests, did not violate the order of protection and cooperate in making the pre-sentence report. I said

the range would be from straight probation anywhere up to six months split.

The defendant clearly understood that at end of the day when I sentenced him.

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He may have

very well still be sentenced to the People's recommendation of six month split. After entering into a plea, this counsel,

Mr. Esposito, submitted to the court voluminous items in a pre-pleading memorandum, number of

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letters, all of which said many great things about the defendant. The defendant is a 50 year old

person with no prior arrests, apparently, very upstanding member of his community, until the commission of this crime or these crimes. He expressed his remorse, when the pre-sentence report was done as well as today, when he expressed both his guilt and his remorse and his willingness to accept responsibility for his actions. AJR

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AJR In consideration of his willingness to accept responsibility and to make amends to this society, after accepting his guilt, I impose sentence as follows: Count 1, sentence of the Court

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is a split sentence of four months jail, followed by the balance of five years probation. That to run

concurrent to count 2, another split sentence of four months jail, followed by balance of five years probation; Count 3, concurrent four month split, Count 4, concurrent four month split; Count 5, six and 7, which are misdemeanors, sentence of definite sentence of four months jail to run current to counts 1 through 4. to each other. All sentences to run concurrent

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certification.)

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(Continued on next page to include

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PROCEEDINGS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AJR Mandatory surcharge and DNA fee imposed to be taken out of the commissary, final order of protection will be issued. * Thank you. * * Good luck. * * Step in.

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C E R T I F I C A T I O N The foregoing transcript is hereby certified to be a true and accurate transcript of the proceedings as transcribed from the stenographic notes.

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_____________________________ ADMELINDA J. RUBIO, RPR Senior Court Reporter

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