Epstein & Comitale indictment

.3110; STATE OF NEW YORK COUNTY COURT 2 COUNTY OF RENSSELAER THE PEOPLE OF THE STATE OF NEW YORK -against? Indictment No. SP 1? i RONALD L. EPSTEIN and JOHN A. COMITALE, JR., Defendants. THE GRAND JURY OF THE COUNTY OF RENSSELAER, by this indictment, accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of CRIMINAL MISCHIEF IN THE FOURTH DEGREE, a Class A Misdemeanor, in violation of ?145.00, subdivision 1, of the Penal Law of the State of New York, in that the defendant, on or about the 9?11 day of June, 2017, in the County of Rensselaer, State of New York, did, having no right to do so nor any reasonable ground to believe that he had such right, intentionally damage property of another person, to wit: on the aforesaid date and at the aforesaid place, the defendant, having no right to do so nor any reasonable ground to believe that he had such a right, intentionally damaged property of another person, an exterior door of 112 Oakwood Avenue, Troy, New York. AND THE GRAND JURY aforesaid, by this indictment, accuses the defendants, RONALD L. EPSTEIN and JOHN A. COMITALE, JR., with the commission of the crime of CRIMINAL TRESPASS IN THE SECOND DEGREE, a Class A Misdemeanor, in violation of ?l40.15, subdivision 1, of the Penal Law of the State of New York, in that the defendants, in concert with one another, on or about the 9?h day of June, 2017, in the County of Rensselaer, State of New York, did knowingly and unlawfully enter or remain unlawfully in a dwelling, to wit: on the aforesaid date and at the aforesaid place, the defendants entered and remained unlawfully in a dwelling at 112 Oakwood Avenue, Troy, New York, second ?oor. AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendants, RONALD L. EPSTEIN and JOHN A. COMITALE, JR, with the commission of the crime of CRIMINAL FACILITATION IN THE SECOND DEGREE, a Class Felony, in violation of ?115.05, of the Penal Law of the State of New York, in that the defendants, in concert with one another, on or about the day of June, 2017, in the County of Rensselaer, State of New York, did, when believing it probable that they were rendering aid to a person who intends to commit a? class A felony, engaged in conduct which provided such person with means or opportunity for the commission thereof and which in fact aided such person to commit such class A felony, to wit: on the aforesaid date and at the aforesaid place, the defendants, believing it probable that they were rendering aid to a person who had intended to commit the class A felony of Criminal Possession of a Controlled Substance in the Second Degree, in violation of Penal Law after becoming aware of the existence of what they reasonably believed to be more than four (4) ounces of cocaine and, notwithstanding their ability to take possession of same, did leave the aforementioned cocaine to be possessed by another. I COUNT FOUR AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendants, RONALD L. EPSTEIN and JOHN A. COMITALE, JR., with the commission of the crime of CRIMINAL FACILITATION IN THE FOURTH DEGREE, a Class A Misdemeanor, in violation of ?115.00, subdivision 1, of the Penal Law of the State of New York, in that the defendants, in concert with one another, on or about the 9'h day of June, 2017, in the County of Rensselaer, State of New York, did, when believing it probable that they were rendering aid to a person who intends to commit a crime, engage in conduct which provided such person with means or opportunity for the commission thereof and which in fact aided such person to commit a felony, to wit: on the aforesaid date and at the aforesaid place, the defendants, believing it probable that they were rendering aid to a person who had intended to commit the felony of Criminal Possession of a Controlled Substance in the Fourth Degree, in violation of Penal Law after becoming aware of the existence of what they reasonably believed to be more than 1/8 ounce of cocaine and, notwithstanding their ability to take possession of same, did leave the aforementioned cocaine to be possessed by another. COUNT FIVE AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendants, RONALD L. EPSTEIN and JOHN A. COMITALE, JR., with the commission of the crime of OFFICIAL MISCONDUCT, a Class A Misdemeanor, in violation of ?195.00, subdivision 2, of the Penal Law of the State of New York, in that the defendants, on or about the 9?1 day of June, 2017, in the County of Rensselaer, State of New York, did, with intent to obtain a bene?t or deprive another person of a bene?t, knowingly refrain from performing a duty which is imposed upon them by law or is clearly inherent in the nature of their of?ce, to wit: on the aforesaid date and at the aforesaid place, the defendants, Police Of?cers of the Troy, New York, Police Department, in concert with one another, with intent to conceal their unauthorized and unlawful entry into 112 Oakwood Avenue, Troy, New York, intentionally refrained from seizing and taking possession of what they reasonably believed to be cocaine, a duty imposed upon them by law and/or clearly inherent in the nature of their of?ce. COUNT SIX AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendants, RONALD L. EPSTEIN, with the commission of the crime of OFFICIAL MISCONDUCT, a Class A Misdemeanor, in violation of ?195 .00, subdivision 1, of the Penal Law of the State of New York, in that the defendant, a public servant, on or about the day of June, 2017, in the County of Rensselaer, State of New York, did knowingly and unlawfully, and with intent to obtain a benefit or deprive another person of a bene?t, commit an act relating to his of?ce but constituting an unauthorized exercise of his of?cial functions, knowing that such act is unauthorized, to wit: on the aforesaid date and at the aforesaid place, the defendant, a Police Of?cer of the Troy, New York, Police Department, with the intent to conceal their unlawful and/or unauthorized entry into 112 Oakwood Avenue, Troy, New York, and their failure to take possession of cocaine found therein, and in an attempt to dissuade other Police Of?cers from revealing same, did propose to them that they agree to falsely report that a burglary or attempted burglary had occurred, which burglary or attempted burglary prompted them to lawfully enter 112 Oakwood Avenue, Troy, New York, when, in fact, defendant had entered said building without regard to any burglary or attempted burglary. COUNT SEVEN AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, a Class Felony, in violation of ?175.10 of the Penal Law of the State of New York, in that the defendant, on or about the 9'11 day of June, 2017, in the County of Rensselaer, State of New York, did, with intent to defraud, make or cause a false entry in the business records of an enterprise with the intent to commit another crime or to aid or conceal the commission thereof, to wit: on the aforesaid date and at the aforesaid place, the defendant, a Police Of?cer of the Troy, New York, Peliee Department with intent to conceal his unauthorized and unlawful entry into 112 Oakwood Avenue, Troy, New York, did make a false entry in a New York State Incident Report dated June 9, 2017 of the Troy Police Department, with the intent to conceal the commission of another crime, as follows: tried door knob to see if door was unlocked it was not. PR1 knocked on the door with hand and foot loudly to gain attention, door opened. The door seemed to open easly being locked. Further examination it appeared that the door had been previously damaged. announced our selves several times with no response. Residence was entered and cleared. No one was found present in residence. Mail found in residence showing the name Nicholas Thomas with above address. Attempts to contact Thomas were made through several sources, neg results. The fact that the door had opened easily without force a ET was called to the seen in case previous burglary had taken place and the tenant was unaware.? COUNT EIGHT AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, a Class A Misdemeanor, in violation of ?175.05, subdivision 1, of the Penal Law of the State of New York, in that the defendant, on or about the day of June, 2017, in the County of Rensselaer, State of New York, did, with intent to defraud, make or cause a false entry in the business records of an enterprise, to wit: on the aforesaid date and at the aforesaid place, the defendant, a Police Of?cer of the Troy, New York, Police Department with intent to conceal his unauthorized and unlawful entry into 112 Oakwood Avenue, Troy, New York, did make a false entry in a New York State Incident Report dated June 9, 2017 of the Troy Police Department as follows: tried door knob to see if door was unlocked it was not. PR1 knocked on the door with hand and foot loudly to gain attention, door opened. The door seemed to open easly being locked. Further examination it appeared that the door had been previously damaged. announced our selves several times with no response. Residence was entered and cleared. No one was found present in residence. Mail found in residence showing the name Nicholas Thomas with above address. Attempts to contact Thomas were made through several sources, neg results. The fact that the door had opened easily without force a ET was 4n L. 1.74 4:1. 1.7 . ,1 . vuuvu LU my .3091: vaoc LdnC? dl?lU U16 tenant was unaware.? COUNT NINE AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of FALSIFYING BUSINESS RECORDS IN- THE FIRST DEGREE, a Class Felony, in violation of ?175.10 of the Penal Law of the State of New York, in that the defendant, on or about the 9?1 day of June, 2017, in the County of Rensselaer, State of New York, did omit to make a true entry in the business records of an enterprise in violation of a duty to do so which he knew to be imposed upon him by law or by the nature of his position with the intent to commit another crime or to aid or conceal the commission thereof to wit: on the aforesaid date and at the aforesaid place, the defendant, with intent to defraud, and in violation of a duty to do so which he knew to be imposed upon him by law or by the nature of his position as a Police Of?cer of the Troy, New York, Police Department, omitted to include in a New York State Incident Report, dated June 9, 2017, of the Troy Police Department, any reference to what he reasonably believed to be cocaine, which was found inside 112 Oakwood Avenue, Troy, New York, with the intent to conceal the commission of another crime. germs AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of FALSIFYING BUSINESS RECORDS IN THE SECOND DEGREE, a Class A Misdemeanor, in violation of ?175.05, subdivision 3, of the Penal Law of the State of New York, in that the defendant, on or about the 9'11 day of June, 2017, in the County of Rensselaer, State of New York, did omit to make a true entry in the business records of an enterprise in violation of a duty to do so which he knew to be imposed upon him by law or by the nature of his position, to wit: on the aforesaid date and at the aforesaid place, the defendant, with intent to defraud, and in violation of a duty to do so which he knew to be imposed upon him by law or by the nature of his position as a Police Of?cer of the Troy, New York, Police Department, omitted to include in a New York State Incident Report, dated June 9, 2017, of the Troy Police Department, any reference to what he reasonably believed to be cocaine, which was found inside 112 Oakwood Avenue, Troy, New York. COUNT ELEVEN AND THE GRAND IURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE, a Class Felony, in violation of subdivision 1, of the Penal Law of the State of New York, in that the defendant, on or about the 9th day of June, 2017, in the County of Rensselaer, State of New York, did, knowing that a written instrument contained a false statement or false information, and with intent to defraud the state or any political subdivision, public authority, or public bene?t corporation of the state, offer or present it to a public of?ce, public servant, public authority, or public bene?t corporation with the knowledge or belief that it will be ?led with, registered or recorded in or otherwise become a part of the records of such public of?ce, public servant, public authority, or . public bene?t corporation, to wit: on the aforesaid date and at the aforesaid place, the defendant, knowing that a New York State Incident Report contained a false statement or false information, and with the intent to de?'aud the Troy, New York Police Department, offered and presented it to the Troy, New York Police Department with the knowledge or belief that it would be ?led with and otherwise become a part of the records of said Troy Police Department. COUNT TWELVE AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission Of the crime of OFFERING A FALSE INSTRUMENT FOR FILING IN THE SECOND DEGREE, a Class A Misdemeanor, in violation of ?l75.30 of the Penal Law of the State of New York, in that the defendant, on or about the 9'h day of June, 2017, in the County of Rensselaer, State of New York, did, knowing that a written instrument contained a false statement or false information, offer or present it to a public of?ce or public servant with the knowledge or belief that it will be ?led with, registered or recorded in or otherwise become a part of the records of such public of?ce or public servant, to wit: on the aforesaid date and at the aforesaid place, the defendant, knowing that a New York State Incident Report contained a false statement or false information, offered and presented it to the Troy, New York Police Department with the knowledge or belief that it would be ?led with and otherwise become a part of the records of said Troy Police Department. COUNT THIRTEEN AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of BRIBERY IN THE THIRD DEGREE, a Class Felony, in violation of ?200.00 of the Penal Law of the State of New York, in that the defendant, on or about the 9th day of June, 2017, in the County of Rensselaer, State of New York, did confer, or offer or agree to confer, any bene?t upon a public servant upon an agreement or understanding that such public servant?s vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will thereby be in?uenced, to wit: on the aforesaid date and at the aforesaid place, the defendant did offer or agree to confer overtime bene?ts upon another Police Of?cer, Upon agreement or understanding that such Police Of?cer?s action would thereby be in?uenced. COUNT FOURTEEN AND THE GRAND JURY aforesaid, by this indictment, further accuses the defendant, RONALD L. EPSTEIN, with the commission of the crime of OFFICIAL MISCONDUCT, a Class A Misdemeanor, in violation of ?195.00, subdivision 1, of the Penal Law of the State of New York, in that the defendant, a public servant, on or about the 9'11 day of June, 2017, in the County of Rensselaer, State of New York, did knowingly and unlawfully, and with intent to obtain a bene?t or deprive another person of a bene?t, commit an act relating to his of?ce but constituting an unauthorized exercise of his of?cial functions, knowing that ?such act is unauthorized, to wit: on the aforesaid date and at the aforesaid place, the defendant, with the intent to conceal his unlawful and/or unauthorized entry into 112 Oakwood Avenue, Troy, New York, and his refusal to take possession of what he reasonable believed to be cocaine found therein, and in an attempt to dissuade another from revealing same, did offer a Police Of?cer with knowledge thereof the opportunity to receive overtime bene?ts that he had not, as of that date, received. Dated this 3 day of TMUMES 2018 at Troy, New York. 2 PAUL CZAIK M. C, Special Districtaiqtoglg) lo? ?1 6? 4.. FORE AN