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1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CRIMINAL PART JURY 19

2 ----------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK,

3 INDICTMENT

4 -against- 05219/2012

5 ABRAHAM RUBIN

6 Defendant.

7 ----------------------------------------x

8 320 Jay Street

9 Brooklyn, New York 11201 January 10, 2014

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11 B E F O R E: HONORABLE CHUN,

12 Justice of the Supreme Court

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

14 CHARLES J. HYNES, ESQ. District Attorney, Kings County

15 Brooklyn, New York 11201 BY: PATRICIA MCKNEIL, ESQ.

16 Assistant District Attorney

17

18 JOHN ESPOSITO, Esq.

19 and ANDREW CINTRON, Esq.

20 Attorneys for Defendant

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23 ADMELINDA J. RUBIO, RPR

24 SENIOR COURT REPORTER

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1 THE CLERK: Number one on sentence

2 calendar. Indictment 5219-2012 Abraham Rubin.

3 Defendant is present before the Court. Appearances

4 please.

5 MS. MCKNIEL: Patricia McKneil for the

6 People.

7 MR. ESPOSITO: John Esposito, 321

8 Broadway.

9 MR. CINTRON: Andrew Citron, also for

10 Mr. Rubin.

11 THE COURT: Defendant present. May I see

12 counsel up here.

13 MS. MCKNEIL: At this time People move to

14 orally amend the indictment with respect to count

15 14, typographical error.

16 THE COURT: Count 4.

17 MS. MCKNEIL: As to the stated charges, I

18 think it should read 215.00.

19 THE COURT: Yes. Count 4 charges the

20 defendant with bribing a witness.

21 The following penal law section says

22 215.10 (b) but it should read 215.00 (b) so that it

23 is an amendment that the Court can grant. It was an

24 apparent typographical error on the indictment.

25 I know defense is objecting. The

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1 amendment is granted to read 215.00 (b).

2 Before I impose sentence, I will give

3 prosecution, defense counsel and the defendant a

4 chance to address the Court. People.

5 MS. MCKNEIL: Thank you. As previously

6 noted, this plea was over People's objection. We

7 rely on our submission to the court and ask that the

8 Court impose maximum sentence as promised under the

9 Court's open plea agreement of a six month split.

10 Despite the letters sent on behalf of defendant's

11 behalf, if you look at what defendant plead to,

12 egregious act was only to thwart criminal justice

13 system. The maximum sentence is appropriate in that

14 the defendant's actions were aimed at protecting a

15 person whose conduct was heinous and caused the

16 victim irrepairable harm. While victims are not

17 here, Mr. Deutsch asked me to inform the Court he

18 and his wife have gone through tremendous hardship

19 because of defendant's actions.

20 Lastly in submission to the court on

21 behalf of defendant it listed, one of the mitigating

22 circumstances being that money had not exchanged

23 hands. In fact, as noted, even in the submission

24 that is not the requirement for the crime and this

25 was something that was stopped via an arrest as

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1 opposed to allowing the scheduled meetings to go

2 forward for exchange of money. Additionally, as

3 listed in the probation report, there is a

4 recommendation for split sentence. Accordingly we

5 respectfully ask the Court to sentence the defendant

6 to the tmaximum maximum under open plea agreement of

7 a six month split and issue full orders of

8 protection on behalf of both victims. Thank you.

9 THE COURT: Thank you.

10 Counsel.

11 MR. ESPOSITO: Thank you. I welcome this

12 opportunity to speak on behalf of Mr. Rubin. I have

13 had an opportunity to review the probation report

14 and while counsel is correct that probation has

15 essentially recommended split sentence, what they

16 are saying they are willing to go along with the

17 Court's promise and leave it to the Court's

18 discretion as to what the appropriate sentence is in

19 this particular case.

20 I know the Court has read our submission

21 carefully, considered it thoroughly and understands

22 what this defendant's history is.

23 He is joined today by many members of his

24 family, members of his community, children, sisters,

25 friends of community. They are here with me to beg

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1 mercy in this case. They are praying you see

2 Abraham in the same manner. They see him in the

3 same manner, they have seen him lead his life

4 through 50 years. They are here in support of him.

5 They are here telling you that the person that

6 stands before you is in fact worthy of your mercy.

7 If I may begin, judge by quoting one of

8 the letters that was submitted by Ms. Diaz:

9 Ms. Diaz, in her letter says we all make

10 mistakes, but some of us deserve forgiveness, more

11 than others. I cannot think of anyone who deserves

12 it more than Abraham Rubin. In place of

13 forgiveness, we ask this Court to show mercy.

14 Your Honor, at the time of sentence, this

15 Court as indicated by the People made a promise of

16 an open sentence, there was a maximum of a six month

17 jail sentence on one end and the possibility of

18 straight probation on the other end.

19 At the time of sentencing, this Court

20 obviously was aware of the charges, aware of the

21 essential facts of the case itself, took Mr. Rubin's

22 plea.

23 Also, judge, obviously the Court knew and

24 took into consideration the fact that he is 50 years

25 old and this represents first arrest.

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1 But in terms of giving us that promise,

2 judge, I think the Court was putting the onerous,

3 the burden on us to show this Court why he is worthy

4 of mercy and it was upon us to show you who he is

5 about, that this day would be about what he has

6 done, who he is. And that the sentence, the

7 determination of where within those parameters the

8 Court's ultimate sentence would stand was ultimately

9 was going to determine who he is and what the Court

10 determined what that to be.

11 I respectfully submit, judge, based upon

12 what you have seen, what is in submissions that this

13 man has led an exemplary life up to this point. He

14 is engaged in a life-long trail of charitable works,

15 kindness and service to people within the community

16 and most particularly, to the poor and needy.

17 Judge, in this courtroom, in many of these

18 courtrooms, we often hear the term "aberration", as

19 attorneys, we use it too loosely. Someone's first

20 arrest, it is aberration, but judge this is the case

21 where that term truly stands on all floors, it is

22 not simply aberration in this case because he is 50

23 years old, it is not an aberration in this case

24 because it is first arrest.

25 It is an aberration because of the life he

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1 has led up to this particular point, judge. I will

2 detail some of those. I know the Court has it so I

3 will not repeat everything in the submission. It is

4 an aberration based upon the life he has brought up

5 to this point.

6 Judge, there is an interesting billboard I

7 was passing on my way home on the turnpike, exit 12,

8 this huge billboard says if you should die tonight,

9 one side says heaven, one side says hell.

10 Regardless of your religious affiliation, obviously,

11 it is a religious meaning, there is an implicit

12 warning in there that is appropriate for today. The

13 message is today if you were to stand in judgment,

14 as he stands in judgment today, you need to rely

15 upon what you have done in the past. The defendant

16 comes before the Court promising to rehabilitate,

17 promising to go through programming and promising to

18 do restitutions. I am not saying that he should not

19 be punished and punished appropriately but the

20 judgment today we are prepared to stand on who he is

21 and what he has done in his life.

22 Your Honor, I am, with the Court's

23 permission, I would like to refer to some of those

24 letters that have been submitted and some of the

25 highlights from those letters.

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1 One letter is from Kaygross,

2 K-A-Y-G-R-O-S-S. It talks about life play of drugs

3 and hospitalization related to psychiatric illness

4 throughout troubled youth, troubled life. She found

5 this person to be one friendly face she could count

6 upon, visiting her in hospitals, walking her through

7 certain things. Today Kaygross is a happily married

8 female living in Florida. What she says in her

9 letter if not for Mr. Abraham Rubin, I would be on

10 the garbage dump of society and either in jail or

11 crack dependent or an inmate of a psychiatric unit.

12 She concludes I beseech your Honor to

13 extend kindness to a man who saved my life and

14 impacted positively on the lives of so many others.

15 There is a letter from Sterns. The Sterns have six

16 children, two of them suffer from a severe

17 developmental handicap.

18 Those parents wanting more than anything

19 else to have their two children living in their

20 home, not in a healthcare facility but in their

21 home. That was virtually impossible because of the

22 circumstances, because of the house itself was not

23 accessible for those purposes.

24 This man, on his own, went out of his way,

25 both in the, providing monetary and emotional

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1 support, to make sure that that home was handicap

2 accessible and today that home of six, family of six

3 children live together under the same roof. She and

4 Stern hold him primarily responsible for that and

5 thank him wholeheartedly.

6 Jake Karpen. K-A-R-P-E-N that raised his

7 home to its very foundations. Quoting him, he says

8 at his own expense, meaning Mr. Rubin, he arranged

9 everything for us that family distressed may need,

10 linen, clothes, furniture what not. He was also

11 instrumental in helping us rebuild our home from

12 scratch at his own expense, his own time and without

13 publicity and fan-fare, the quiteness he employs

14 while helping us. The letter describes how he was

15 instrumental in making sure that the Satmar school

16 had a special unit for Satmar school had special

17 unit for addressing children with special needs.

18 They began being good for Rubin brought us peace of

19 mind and give us enormous challenge with love and

20 confidence. Please show understanding to this

21 special man.

22 Jacobovitz (ph) talks about the darkest

23 night, talking about when her 8 year old son drowned

24 in a swimming pool accident. Quote like an Angel

25 Mr. Rubin came to the rescue. He stayed at the

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1 hospital with the family, provided care, made sure

2 specialist were provided for the family. He

3 actually allowed them to do what they needed in

4 caring for their other children.

5 They asked that this very noble and

6 selfless individual be treated with leniency.

7 Sylvia Diaz, she is a lady who lost her

8 husband, lives with five kids for a period of time,

9 could not pay rent.

10 Mr. Rubin made sure that the rent was paid

11 but he did not just stop there, he went a step

12 further, he quietly collected her utility bills for

13 a period of time and paid for them.

14 The Lefferts talk about the fact their son

15 was rushed to the hospital unconscious. They talked

16 about the fact that he slept at the hospital

17 overnight to be with them and to be with their son

18 or child who was unconscious.

19 The fact that, because of the day of the

20 week, he actually walked from his home in Brooklyn

21 to be in the Manhattan hospital to where the child

22 was being cared for.

23 It was also occurring on high holy

24 holiday, instead of being with his family, he was

25 with family in need.

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1 Judge, I could go on, on and on but these

2 letters provided composite of who he truly is.

3 There is the letter from the neighbors. It is

4 almost funny because the neighbors say there matter

5 as well not be a lock on Mr. Rubin's home. His home

6 is not just open for family, it is open for

7 strangers. He has told me that every Saturday

8 night, there are strangers who he needs at his home.

9 Needy who come to his home.

10 The amazing thing, about Mr. Rubin is not

11 about the Satmar community or any particular

12 community, every single letter is clear. His

13 goodness, his kindness has no balance. It is not

14 based on color, creed or any other sort of cultural

15 divide. His kindness is not based upon on what he

16 is going to get in return. He never asked for

17 anything in return. His kindness is limitless, it

18 is selfless, it is done in the most quiet fashion

19 possible.

20 Just quickly in terms of that neighbor,

21 they describe how a family from Israel came with a

22 very sick father who had cancer. That family stayed

23 in his home for a period of months. He cared for

24 the family and father. He wound up taking care of

25 them for years.

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1 I could go on and on with the letters.

2 THE COURT: Which you are not.

3 MR. ESPOSITO: I appreciate that.

4 It is not just the letters, it is the

5 devastation that he attends to in the aftermath of

6 911, the fundraiser he does for ambulance service,

7 massive food drive. The fact for 30 years he has

8 been collecting food for the needy.

9 Judge, this person is, who he is because

10 who he came from, as indicated in our submission,

11 his father came here and as he described to me

12 alone, he had ten sublings or 11 siblings. When he

13 said to me alone, I asked foolishly why did they not

14 come with you. Alone meant that they were all

15 killed in a concentration camp. Instead of being

16 bitter and angry, his father was a selfless

17 individual who acted in the same fashion, he is who

18 he is because of his family. He is a special person

19 because that is what is innate in him. That's who

20 he is.

21 His family is here, the letters are from

22 the children, the letter describes a house filled

23 with joy, business which people coming from all

24 directions in consideration of your sentence, I ask

25 you to keep in mind health issues regarding his wife

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1 Zelva, I ask the Court to keep that in mind in terms

2 of his attentive care to her needs, what he does in

3 that relationship.

4 Finally, judge, I will close, just quickly

5 address the issue of proportionality, as a prinipal

6 of sentencing, it is clear that each case has to be

7 judged on its own facts and circumstances. No case

8 can be judged identically to any other case.

9 However, judge, even Supreme Court the

10 motion of proportionality that cases quote unquote

11 similarly situated do in fact need to be kept in

12 some sort of structural compartment and treated

13 similarly.

14 In this particular case, the principal

15 proportionality indicates that we have a 50 year old

16 who has never been arrested before. The top count

17 in this particular case is a D Felony, legislature

18 determined appropriate sentence on a D Felony can be

19 probation. He was not given plea bargain, he was

20 told if you want to plead guilty, you have to plead

21 guilty. He plead guilty to the entire indictment,

22 he saved people time, the expense of trying the

23 case, he saved the complainant time, expense,

24 whatever emotional trauma associated with testimony.

25 There was no physical harm, no violence, no physical

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1 threats, the charges are serious. We acknowledge

2 that. We are just asking for prospective in terms

3 of the circumstances. This Court has been around

4 long enough, has done thousands of cases in upfront

5 parts. I respectfully submit D Felony, first

6 arrest. First, if any individuals go to jail, I

7 submit that individuals in that situation, with this

8 background, with his charitable works do not need to

9 go to jail. Hopefully this Court will have mercy by

10 not placing him in jail.

11 I thank you for time and attention. I beg

12 and plea that this Court be merciful.

13 THE COURT: Thank you. Does the defendant

14 wish to say anything or address the Court?

15 THE DEFENDANT: Yes. To all people who

16 are here today, I am not a very good speaker, but I

17 want to say a statement from the bottom of my heart.

18 On or about 4 and-a-half years ago, I did something

19 very terrible to the victim, to the People of the

20 State of New York and to the community and even to

21 my own family. I am deeply sorry by what I did.

22 There is a saying that in order to be

23 repentant, you must do three things: One is to

24 acknowledge, acknowledge your own doing or misdeeds.

25 Two, is to be sorry; three, is not to repeat the

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1 misdeed. Therefore, I am acknowledging that I made

2 a terrible mistake and I feel very sorry and trust

3 me, I will never ever do it again, anything against

4 the law. I will be a good law-abiding proud

5 American. I must say again from the bottom of my

6 heart, it hurts me that I did anything like that

7 against the law and I deeply regret it. I am now

8 involved in an organization called Deroryik (ph),

9 which is an awareness organization to prevent people

10 from breaking the law. As you can see your

11 honorable judge, I feel very sorry. I feel bad

12 about the actions that I have done.

13 Please understand me and take everything

14 that I have said into consideration. I am an honest

15 man. Please be compassionate, I am totally

16 vulnerable. Please think for my wife, my kids, my

17 wonderful grandchildren, elderly mother. My

18 siblings, who call me on a daily basis and all the

19 other people who a depend on me. Please be lenient.

20 I will accept your judgment faithfully. Thank you.

21 THE COURT: Thank you. Defendant plead

22 guilty to the entire indictment, four counts of

23 bribing a witness. Count 1 through 4, which are

24 Class D felonies.

25 He pleaded guilty to two counts of

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1 tampering with a witness in the fourth degree, Class

2 A misdemeanors. He also pleaded guilty to count 7,

3 coercion in the 2nd Degree, another class A

4 misdemeanor.

5 Class D felonies carry possible sentence

6 of 2 and a third and 7 years in jail. One, when

7 they enacted that statute, the legislature gave a

8 large discretion to the court by putting no

9 mandatory minimum on that D felony which means the

10 bottom, be probation or less such as conditional

11 discharge or even a fine.

12 The prosecution during the prosecution of

13 this indictment, steadfastly requested or offered a

14 plea to a felony count with exchange for a sentence

15 of a split sentence, six months jail, followed by

16 the balance of five years of probation. That was

17 the People's offer and recommendation all along.

18 Although they are not required to state a

19 reason why that is their offer, I assume that not

20 having to go through a whole trial, not having to

21 have the complainant or victim to testify and

22 judicial expediency and other things entered into

23 the calculation of recommending a six month split.

24 Both Mr. Esposito and Mr. Citron requested

25 this Court to accept a plea with an open mind with a

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1 range of possible sentences. When defendant plead

2 guilty before me, I granted their request. I said I

3 would have half the sentence at 6 month split

4 provided defendant had no arrests, no subsequent

5 arrests, did not violate the order of protection and

6 cooperate in making the pre-sentence report. I said

7 the range would be from straight probation anywhere

8 up to six months split.

9 The defendant clearly understood that at

10 end of the day when I sentenced him. He may have

11 very well still be sentenced to the People's

12 recommendation of six month split.

13 After entering into a plea, this counsel,

14 Mr. Esposito, submitted to the court voluminous

15 items in a pre-pleading memorandum, number of

16 letters, all of which said many great things about

17 the defendant. The defendant is a 50 year old

18 person with no prior arrests, apparently, very

19 upstanding member of his community, until the

20 commission of this crime or these crimes.

21 He expressed his remorse, when the

22 pre-sentence report was done as well as today, when

23 he expressed both his guilt and his remorse and his

24 willingness to accept responsibility for his

25 actions.

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1 In consideration of his willingness to

2 accept responsibility and to make amends to this

3 society, after accepting his guilt, I impose

4 sentence as follows: Count 1, sentence of the Court

5 is a split sentence of four months jail, followed by

6 the balance of five years probation. That to run

7 concurrent to count 2, another split sentence of

8 four months jail, followed by balance of five years

9 probation; Count 3, concurrent four month split,

10 Count 4, concurrent four month split; Count 5, six

11 and 7, which are misdemeanors, sentence of definite

12 sentence of four months jail to run current to

13 counts 1 through 4. All sentences to run concurrent

14 to each other.

15 (Continued on next page to include

16 certification.)

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1 Mandatory surcharge and DNA fee imposed to be taken

2 out of the commissary, final order of protection

3 will be issued. Thank you. Good luck. Step in.

4 * * * * *

5 C E R T I F I C A T I O N

6 The foregoing transcript is hereby

7 certified to be a true and accurate transcript of

8 the proceedings as transcribed from the

9 stenographic notes.

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12 _____________________________

13 ADMELINDA J. RUBIO, RPR

14 Senior Court Reporter

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