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NEW YORK STATE BAR ASSOCIATION This pamphlet, which is based on New York law, is intended to inform, not to advise. No one should attempt to interpret or apply any law without the aid of an attorney. Produced by the New York State Bar Association Committee on Public Relations. Do I need a lawyer? I can buy an automobile or 100 shares of stock without a lawyer. Why not a one or two family home? Buying a home Buying a home may not only be the most significant and largest purchase you will make, it also involves the law of real property, which is unique and has special problems. A lawyer is trained to deal with these problems and often has the most experience to deal with them. This applies to people selling a home or buying a home. In the typical home purchase transaction the seller enters into a brokerage contract with a real estate agent, which is usually in writing. When the broker finds a potential buyer, negotiations are conducted through the broker, most often acting as an intermediary. Once an informal agreement is reached, buyer and seller enter into a formal written agreement. The buyer then obtains a commitment for financing. Title is searched to satisfy the lender and the buyer. And finally, the property is transferred from the seller to the buyer and the seller receives the purchase price bargained for in the contract. Seems simple and uncomplicated, but, without a lawyer, the consequences may be even more disastrous than purchasing a car that turns out to be a lemon, or a stock investment that was unwise. What are some of the reasons why you need a lawyer for a home purchase or sale? 1. Dealing with the Broker. A seller without the advice of a lawyer may sign a brokerage agreement that does not deal with a number of legal problems. The seller may become liable to pay a brokerage commission even if a sale does not occur or to pay more than one brokerage commission. For example, does the agreement offer the seller the right to negotiate on his or her own behalf; what is the effect of multiple listings; what are the broker’s rights if the seller withdraws the property from the market, or can’t deliver good marketable title; how long should an exclusive listing last? The seller should have the advice and guidance of an attorney with respect to a brokerage agreement. Even if the agreement is a so-called “standard form”, its terms should be explained to the seller and revised, if necessary. An attorney is also necessary to determine if the agreement was properly signed. 2. Dealing with tax consequences and other issues. Even though a lawyer may not be needed during the course of negotiations, the buyer and seller each may have to consult with a lawyer to answer important questions, such as the tax consequences of the purchase or sale. To a seller, the tax consequences may be of critical importance. For example, what are the income tax consequences of a sale, particularly if the seller has a large profit … will the seller be able to take advantage of the tax provisions allowing for exclusion of capital gains in certain circumstances? Aside from the tax consequences, the buyer and seller may have questions about the date set for closing, the date of occupancy, the condition of the property, arranging for an inspection and what personal property is included in the sale. These are some of the many questions that may need to be considered during the negotiation stage in order to avoid disputes when a written contract is prepared. 3. Dealing with the contract of sale. The formal written contract for the sale and purchase of a home is the single most important piece of paper in the transaction. Its importance cannot be overestimated. Although printed forms are useful, a lawyer is once again necessary to explain the form and make changes and additions for a particular transaction to reflect the understanding of the buyer and the seller. There are many issues that may need to be addressed in the written contract. For example, how should title be taken: individually, as tenants in common, joint tenants or tenants by the entirety. What happens if someone dies before title is transferred? The answers to these questions require the training and knowledge of a lawyer. There are numerous other legal questions that must be addressed in the contract, including the following. If the property has been altered or there has been an addition to the property, was it done lawfully or may what the buyer plans for the property be done lawfully? What happens if a buyer has an engineer or architect inspects the property that finds termites, asbestos, radon or lead based paint? What is the property is proximate to a hazardous waste dumpsite? What are the legal consequences if the closing does not take place and what happens to the down payment? Will the down payment be held in escrow by a lawyer in accordance with appropriately worded escrow instructions? How is payment to be made? Is the closing appropriately conditioned upon the buyer obtaining financing? These are only a few of the many questions that arise with respect to a contract. 4. Arranging for financing. Most buyers finance a substantial portion of the purchase price for a one or two family home with a mortgage loan from a bank or other lending institutions. The contract should contain a carefully worded provision that is subject to the buyer’s obtaining a commitment for financing. Printed contract forms are generally inadequate to incorporate the real understanding of the buyer and seller without changes being made. In addition, there in now an extensive and often confusing menu of mortgages that may be available. Fixed rate mortgages versus adjustable rate mortgages and the complexities of each require the knowledge of an attorney who is familiar with current mortgages lending practices. Mortgage loan commitments and mortgage loan documents are also complex. Lawyers are necessary to review and explain the importance of these various documents. Buyers should know when and if they can prepay their mortgages; what happens if they make a late payment; how is interest computed; how much insurance does the lender require; how are real estate tax payments computed and collected and the answers to a myriad of other questions that may arise. Moreover, when dealing with the lender, although there is little room for negotiation, there is a need for the general assistance of a lawyer at the very least to explain what is happening and its consequences. 5. Searching and insuring title. After the contract is signed it is necessary to establish the state of the seller’s title to the property to the satisfaction of the buyer as spelled out in the contract. Generally, a title search is ordered from an acceptable abstract or title insurance company. However, in some areas of New York State, title insurance is not obtained. In such cases an attorney is essential to review the status of title and render an opinion of title in lieu of a title policy. Assuming you are in an area where title insurance is customary, who will review the title search and explain the title exceptions as to what is not insured? Are the legal descriptions correct? Are there problems with adjoining owners or prior owners? What is the effect of easements and agreements or restrictions imposed by a prior owner? Can I build a swimming pool or tennis court? Can I conduct a business in a spare room? Will there be any legal restrictions that will impair my ability to sell the property? Can the utility company build a high-tension transmitter in the back yard? It should be clear that the guidance and advice of a lawyer could avoid a very costly mistake. 6. Checking out the zoning. The title search does not tell the buyer or seller anything about existing and prospective zoning. Does zoning prohibit a two family home? Does the deck you are planning violate zoning ordinances? There are invariably some questions that will require you to call upon a lawyer for the most direct and efficient response to your inquiry. 7. Reviewing the survey. Finally, there is the necessity of having a survey map of the property, which is a necessary adjunct to a title search. A lawyer is trained to review this survey, which may give rise to future problems. For example, your neighbors’ fence or driveway may encroach upon your property or vice versa. A garage may have been built on a municipal street. Should you accept title? Will a lender give you mortgage with these encroachments? 8. Conducting the closing. The closing is the event which is the “moment of truth” of the purchase and sale transaction. The deed and other closing papers must be prepared. Title passes from seller to buyer who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan. A closing statement should be prepared prior to the closing indicating the debits and credits to buyer and seller. An attorney is helpful in explaining the nature and amount of closing costs. Final documents including the deed and mortgage instruments are signed. An attorney is necessary to assure that these documents are appropriately executed and explained to the various parties. The closing process can be confusing and complex to the buyer and seller. Those present at the closing often include the buyer and seller, their respective attorneys, the title closer (representative of the title company), attorney for lending institution and real estate broker. Documents need to be recorded; various transfer taxes need to be paid, and provisions for insurance and other incidents of ownership need to be concluded. There may also be last minute disputes about delivering possession and personal property or the adjustment of various costs, such as fuel and taxes. Here a lawyer’s advice and guidance is essential. 9. Condominiums, cooperatives and HOAS. Special mention needs to be made about condominiums, cooperatives and homeowners associations. These involve forms of ownership that are treated as securities under New York State law and require special documents that are complicated and should be reviewed by an attorney. Condominium declarations, proprietary leases, and by-laws are but a few of the complex documents confronting buyers of these forms of property ownership. The tax deductions and consequences with respect to the purchase of a condominium or cooperative also need to be explained by a professional that is familiar with these common ownership forms. It is obvious that throughout the process the interests of the buyer and seller will conflict. The broker generally serves the seller, and the lender is obtained by the buyer. The respective lawyers for buyer and seller will have no such conflicting loyalties and will serve only their clients’ best interests. A lawyer’s advice and guidance is essential from the time you decide to sell or to buy a home until the actual closing.

By Robert E. Kessler. STAFF WRITER A Long Island City man who was charged with defrauding his estranged wife before she was found murdered in January in her Hicksville home was named as “the prime suspect” in her murder yesterday by a federal prosecutor. Assistant U.S. Attorney Gary Brown said that , 62, of 43-20 40th St., was considered the main suspect in the death of his wife, Ourida, 54, in arguing that the husband should be permanently detained without bail pending trial on the federal fraud charges at a hearing in federal District Court in Hauppauge. Ourida Bessaha was found murdered, in what police described as a violent scene, in her Hicksville home on Brittle Lane. attorney, Todd Greenberg of Forest Hills, however, denied yesterday that his client was involved in the murder of his wife or any fraud against her, and said, “In fact, he has been fully cooperating” with Nassau detectives involved in the homicide investigation. Sources said yesterday that the Nassau County medical examiner had determined that Ourida Bessaha had been killed by a least 20 savage blows to the head from what appeared to be the claw end of a hammer. And the sources said that Nassau County and federal officials are awaiting the outcome of lab tests to determine whether should be charged in the homicide. Brown, in arguing that should be held without bail, said that the murderer had gained access to the house without breaking in, had violently attacked the victim, that robbery or rape was not a motive, and that the estranged husband was engaged in a scheme to defraud her of her share of their more than $1.4 million in assets. Federal officials in arresting last week said that the couple had a violent relationship in which Ourida Bessaha had, at one time, gotten an order of protection against her husband, and they were currently in the midst of a bitter divorce action. The Bessaha case is being jointly investigated by federal postal inspectors, the Nassau Homicide Squad and the Bureau of Diplomatic Security of the U.S. State Department. In addition to Bessaha’s being a suspect in the murder, prosecutor Brown also argued that he should be held without bail as a flight risk because he had substantial assets in his native Algeria, he had apparently illegally obtained several U.S. and Algerian passports, and he had previously ignored orders from state court not to transfer his and his wife’s money overseas. Brown also said had reason to jump bail because he faced up to 9 years in prison if convicted on the federal charges of fraud and money laundering in connection with the shipping of the couple’s joint assets overseas. Defense lawyer Greenberg said that the fraud-related charges were not substantial and that his client faced minimal prison time, even if convicted. But federal Magistrate Arlene Lindsey ruled that, without going into the merits of relation to his wife’s death, there was a substantial risk based on the government’s other claims that might flee, and she ordered him held without bail pending trial.

By Robert E. Kessler. STAFF WRITER A Queens man, whose estranged wife was found murdered in her Hicksville home in January, was arrested yesterday by federal agents in connection with a scheme to defraud her of her share of their more than $1 million in joint assets. An arrest warrant by federal postal inspector Carl Sclafani details the alleged stormy marriage of , 62, of 43-20 40th St., Long Island City, and his wife, Ourida Bessaha, 54, of Brittle Lane, Hicksville, and his complex scheme to defraud her by transferring most of their assets overseas to Swiss and Algerian banks. Ourida Bessaha’s body was found in her home on Jan. 30 in what police described as a violent scene. When asked yesterday whether the husband was a suspect in his wife’s death, Assistant U.S. Attorney Gary Brown said he would not comment on any aspect of the case. attorney, Todd Greenberg of Forest Hills, said his client “absolutely denies” he was involved in any crime, and he doubted that the government even has enough evidence to continue charging his client with fraud. was held pending a bail hearing yesterday in federal district court in Uniondale by Magistrate Viktor Pohorelsky. While Ourida Bessaha had filed for divorce in 1996 in an action that was still in state court at the time of her death, their allegedly rocky relationship dated back to 1979 when she had got an order of protection against her husband from Nassau State Supreme Court “after his beating and attempt to strangle me landed me in the emergency room,” according to Sclafani’s affidavit. Ourida Bessaha had also gotten a court order barring her husband from transferring their assets overseas, but he engaged in an illegal scheme to evade it, the agent said. The couple’s assets included an interest in an unnamed Manhattan restaurant, a Medallion taxi and otherwise undescribed rental property with a total value of $1.3 million and an additional $135,000 in cash. The cash had been illegally transferred overseas according to the affidavit. , an Algerian native who is a naturalized U.S. citizen, was also charged with lying to obtain a second U.S. passport, the affidavit said.

By Pete Donohue A heroic but troubled Vietnam veteran who surrendered to authorities after nearly a decade on the lam pleaded guilty yesterday to burglary-related charges in a bid to face his future with a clean slate. Because of the plea to the misdemeanor charges, prosecutors said, will be able to return to his life and wife in Washington State to serve his probation. “I have to make amends for the things I have done in my life,” said , who won praise in 1985 for helping rescue 18 people from a burning building, but admitted in Queens Supreme Court that he stole 50 hypodermic needles from a Queens hospital in 1986., who has battled drug and alcohol addition brought on by wartime horrors, called on other Vietnam veterans with shady pasts to come clean. “I’d like other Vietnam veterans to know they have nothing to be ashamed of, “ said, his voice choked with emotion. “If they have a past they want to clear up they should do it.” After years of hiding out, , 48, walked into a Queens courtroom and surrendered to authorities in July. He was released on bail. Under a pact reached by Assistant District Attorney Miriam McEnroe, Queens Supreme Court Justice Seymour Rotker and defense lawyer Todd Greenberg, pleased guilty to two misdemeanors: trespassing and possession of stolen property. He was sentence to three years probation, which he can serve in Washington State, where he currently lives with his wife. He faced up to seven years in prison on the original burglary charge. “It’s the right thing to do,” Rotker said, nothing that has been diagnosed as having posttraumatic stress syndrome relating to his 13 months in Vietnam. said he fled Queens for California in an effort to break his dependency on drugs and alcohol and dodge the pressure of the criminal charges.

Mount Vernon Argus Gannett Suburban Newspapers By Bruce Golding A young man who fatally stabbed a fellow student inside Mount Vernon High School was spared any prison time yesterday by a merciful judge who said it was clear the killing was provoked. But the judge’s leniency prompted anguish from the victim’s mother and outrage from Westchester County District Attorney Jeanine Pirro, whose office had sought a “substantial” prison term. was sentenced by Westchester County Judge Peter M. Leavitt to five years’ probation and also granted youthful offender status – which seals his criminal record – for the first-ever homicide inside a Westchester or Putnam county school. But – who made a brief statement apologizing for the slaying – remained in custody after his sentencing because of his arrest in the Dec. 6 robbery of a Brooklyn restaurant. That crime was committed while was free on bond awaiting sentencing in the Jackson slaying, and his arrest prompted the judge to revoke the bond on Dec. 29. The judge also said he would consider a conviction in the robbery case a violation of probation and would resentence him if he is convicted. Before imposing yesterday’s sentence, Leavitt said the Oct. 24, 1994, slaying of 17-year-old was motivated “solely and entirely” by a gang attack on in which the victim took part. “The defendant found himself inextricably enmeshed in a volatile set of circumstances which escalated into a violent confrontation with tragic consequences,” Leavitt said. The judge also cited a “most unusual” letter – which he read aloud – in which 10 of the jurors who last year convicted of first-degree manslaughter urged consideration of the mitigating factors in his case. Pirro, who was in Leavitt’s White Plains courtroom for the sentencing, was visibly angered afterward. “This is what is wrong with our criminal justice system,” she said. “People are supposed to be accountable for the crimes that they commit.” Under state law, – who was 17 at the time of the killing – had faced a maximum 8 1/3 to 25 years behind bars. According to undisputed trial testimony, was walking in a crowded school corridor when he was jumped by several students, one of whom slashed his face with a knife. After grabbing the knife, briefly chased the fleeing gang members and stabbed three times from behind. The third thrust punctured the youth’s breastbone, severing his aorta, and he bled to death in a medical helicopter. In court yesterday, tearfully urged a maximum sentence for her son’s killer, saying, “My children mean the most to me.” “He has taken that from me as though he has cut off my right arm,” she said. “I have a younger baby at home who will never, never know her brother.” sentence. She was consoled in the hallway by several relatives and supporters, all of whom declined comment. remained at the county jail in Valhalla last night, but defense lawyer Todd Greenberg of Queens said he hoped to have his client freed on bail today.

By MONTE WILLIAMS A former Mount Vernon High school student convicted of stabbing a classmate to death inside the school in 1994 was sentenced today to five years of probation. The Westchester County District Attorney immediately protested the sentence. “When a jury convicts someone of manslaughter, of killing a 17-year-old student in high school, he deserves more than probation,” District Attorney Jeanine Pirro said. “What is the message we’re sending to young people? ‘You can go into our schools with a weapon, kill and walk.’ “ The defendant, Hopeton Minott, was granted youthful offender status by Judge Peter M. Leavitt of Westchester County Court, which allowed for the sentence and effectively sealed Mr. Minott’s criminal record. Mr. Minott, who was 17 at the time of the slaying, could have received a mandatory minimum sentence of 2 to 6 years in state prison or a maximum of 8 to 25 years had he been sentenced as an adult. Mr. Minott’s lawyer, Todd Greenberg, said the sentence imposed today was appropriate because of what he called “extremely mitigating circumstances. Mr. Greenberg has maintained that his client acted in self-defense. During the trial, and in an interview today, he said the victim — Shebuel Jackson, a star center fielder on the school baseball team — was one of five or six youths who accosted Mr. Minott in the hallway between classes. In that attack, Mr. Minott was stabbed above the eye before he wrestled a knife from one of his attackers and chased Mr. Jackson, stabbing him three times in the neck, Mr. Greenberg said. “The jury acquitted him of murder,” Mr. Greenberg said. “There was a note from the jury about the sentencing. The jury asked the court to be as lenient as possible, although that’s not controlling on the judge.” He added: “I think the judge acted extremely fairly given the circumstances he was presented with. The circumstances speak for themselves.” In criticizing the judge’s decision, Ms. Pirro pointed out that Mr. Minott, while free on bail and awaiting sentencing for the manslaughter conviction, was indicted on charges of first-degree robbery. The authorities said Mr. Minott and a 15-year-old took several hundred dollars at gunpoint from a restaurant on Stuyvesant Avenue in Brooklyn, where Mr. Minott moved after the slaying. Mr. Minott pleaded not guilty to the robbery charge in December. Ms. Pirro, a former county judge, proposed legislation in 1994 that would erase youthful offender adjudication upon a second conviction. “Under the legislation I’ve proposed, if Minott is convicted of robbery, the manslaughter conviction would be put back on the books,” said Ms. Pirro, who called the sentencing emblematic of problems with the criminal justice system. “Why should someone who has chosen a life of crime continue to get youthful offender adjudication?” The 1994 incident was the first killing in a Westchester high school. With 2,600 students, Mount Vernon High is the county’s largest high school. It has installed metal detectors since the slaying.

The Reporter Dispatch Gannett Suburban Newspaper By Will David A Mount Vernon High School student who was fatally stabbed in October 1994 in the school’s halls was responsible for his own death because he was a member of a “posse” that attacked the student who killed him, a defense attorney told a jury yesterday. The attorney, Todd Greenberg, told jurors that his client, Jr.,, 18, was defending himself against , 17, and possibly nine other students when the death occurred after first period. Greenberg said the group jumped , punched and kicked him, and he fell against a wall. One of the students cut over the eyebrow with a knife, and blood gushed all over his face, the lawyer from Queens said. “ actions – under the circumstances – were reasonable and justified,” Greenberg said. Greenberg made his comments yesterday in the Westchester County courthouse in White Plains during opening statements in murder trial. is charged with one count of second-degree murder and one count of first-degree manslaughter. The case is being heard before county Judge Peter M. Leavitt. The October 24, 1994, killing of at Mount Vernon High School, one of the state’s largest schools, was the first homicide in a Westchester or Putnam county high school. In his opening statements, Assistant District Attorney Doug Fitzmorris admitted that and others ambushed in the hall. One of the attackers had a knife and stabbed the defendant, Fitzmorris said. But when , who was alone, wrestled the knife away, they all ran, the prosecutor told the jury. Fitzmorris said chased and stabbed him three times from behind. One wound severed the victim’s aorta, he said. “He was no longer the victim, but the attacker,” Fitzmorris said. stumbled down the stairwell and collapsed on the first floor. He bled to death on the way to Westchester County Medical Center in Valhalla in a medical helicopter. Fitzmorris described the killing as tragic. “ death was needless. death was for no good reason. did not have to die,” Fitzmorris said. Fitzmorris said an Oct. 18 fight between the defendant and another student, , 17, led up to the fatal brawl. and , a newcomer to the school, fought after an argument about the way each looked at the other. They were both suspended from school for two weeks and returned Oct. 24., and others planned to attack on the day the pair returned from suspension. They did it after first period. The halls were crowded. and his friends punched and kicked , Fitzmorris said. One stabbed him. It began and ended in a few minutes, the prosecutor said. Fitzmorris said it is not clear who had the knife. “ choice is a significant choice once he has the knife,” Fitzmorris said. “He runs down from behind and stabs him three times.” Greenberg said the students who attacked should be on trial. Later, outside the courtroom Greenberg said those students would not testify in the case. Greenberg told the jury that after the fight with , whose mother is an employee at the high school, returned to the school with his father, , to mediate the dispute with school officials. Greenberg said the school postponed the mediation session and allowed both boys into school. Less than two hours later, the ambush that Darden, and others had planned on the telephone Oct. 22 swung into action, Greenberg said. That led to death, he said.

The Morning Call Allentown/Lehigh and Berks By Debbie Garlicki A Pentecostal minister from New York who participated in a riot at Dorney Park in 1992 will serve three months in the Lehigh County Prison’s work-release center. Judge James Knoll Gardner rejected defense pleas for probation for the . Gardner also denied requests to allow the 64-year-old minister to remain free on bail pending appeal and to delay the start of the sentence for two weeks. is to pay a $500 find or do 100 hours of community service in addition to serving three to 23 months in jail. The judge also ordered him to get counseling in alternatives to violence and to stay out of Dorney Park. His wife of more than 40 years and some of his 11 children were in the county courtroom. Gardner said was convicted of serious crimes, and nearly three years have passed since the riot because of post-trial motions the defense filed. It’s unlikely will win on appeal, and it’s time to serve time, the judge said. knew he might be facing jail because his son, who also was convicted, got a jail sentence, Gardner noted. “He’s had three years to prepare for it,” the judge said. In 1993, a jury convicted of aggravated and simple assault, disorderly conduct and rioting. , pastor of the Church of Fire in Brooklyn, punched a South Whitehall Township police officer twice in the face during a brawl between a busload of church members, police, park security guards and strangers who joined in the melee., who was 28, was accused of punching the park’s security chief, who was trying to get the younger mother off a security guard. In 1993, he got three to 12 months in jail. Police said the riot started after church members were told that two girls in the group, one of them granddaughter, were being arrested for punching security guards. A guard was trying to evict one of the girls from the park because she twice jumped a line for a roller coaster. New York lawyer Todd D. Greenberg asked the judge to consider that the elder has led a law-abiding life, has raised many children to be responsible adults, and has been a compassionate spiritual leader in his church and community. He worked in a warehouse for many years and lives off a meager pension but still manages to give food and clothing to the less fortunate and guidance to young people, said Greenberg at a hearing yesterday. Gardner said he received letters, sent by ministers of three New York churches and signed by more than 50 members, lauding the elder good works. He also got a letter from a councilwoman whose district includes Brooklyn. has no recent criminal record but served about a year in a North Carolina jail when he was in his early 20s. Greenberg asked the judge not to hold that against , saying he has led an exemplary life for the last 40 years. The day of the riot, made a mistake out of emotion, but jail would serve no purpose, said Greenberg. Speaking softly, apologized to the park’s security chief and prosecutors. Deputy District Attorney Jacquelyn C. Paradis said sorry isn’t enough because of injuries to police and security personnel and the danger in which they were placed when, according to police, “all hell broke loose.” She said some time in jail was warranted. Security Chief John Gilchrist said he suffers from breathing problems. He wife, also a security guard, has headaches, a deputy chief has continuing elbow ailments, and one officer received a concussion when her head was banged against a metal fence. One police officer was bitten when church members swarmed on authorities and had to undergo periodic testing for disease, said Paradis. She said should have set an example for his followers by quelling the disturbance and cooling tempers instead of flaming them. He should have shown restraint, not provoked the group, the prosecutor added. The judge took a 25-minute recess before announcing the sentence and explaining reasons for it. When Gardner re-entered the courtroom, he spoke with a deputy sheriff. Sheriff Ronald Rossi and additional deputies came to the courtroom soon after and stood around and in front of family members seated in the courtroom. Gardner said he considered good deeds but also had to take into account his actions during the riot and the injuries to authorities. As the patriarch and leader of the group, could have prevented the riot, and some punishment is required, despite the minister’s mostly crime-free life, Gardner said.

Mount Vernon Argus Gannett Suburban Newspapers By Will David A Mount Vernon High School student charged in the stabbing death of another student acted in self-defense, his lawyer said yesterday. Queens lawyer Todd Greenberg said , 17, feared for his life when , 17, was stabbed in a school hallway on Monday morning because moments before he had been attacked by five students – at least one armed with a knife. “My client is innocent,” Greenberg told Mount Vernon City Judge Barbara Gunther-Zambelli yesterday during arraignment on one count of second-degree murder. “He has a very viable defense in this case.” Meanwhile, at the high school, the emotional aftermath of death was played out in counseling sessions throughout the school and in a protest staged by some 200 students at the Education Center. had knife wounds over his right eye and on his left hand as he stood before the judge. “He was attacked by other people who had knives,” Greenberg said after the arraignment. “He felt in danger for his life when he acted.” According to police, five people started beating in the hallway of the 100 California Road school between periods shortly after 9 a.m. One person stabbed him over the eye with an 8-inch knife and tried to do it again when wrestled the weapon away. All five then retreated. is accused of grabbing and stabbing him, police said. died in the hospital. Greenberg called on police to arrest those who set upon . Detective Capt. Michael Mosca said police and Westchester County District Attorney Jeanine Pirro had not yet decided whether to do that. Police have identified and questioned members of the group, Mosca said. “We are not read to charge anybody else,” Mosca said. “This wasn’t a spur-of-the-moment thing, “Mosca added. “The plan was to jump the kid in the hall. I still don’t know who had the knife that cut .” Detectives are not sure if was supposed to be stabbed, Mosca said. Police also do not know if was among the attackers, Mosca said. The case will go before a grand jury, Pirro said. The grand jury will look into the homicide of and the circumstances surrounding the attack on . “My job is to make sure that justice is done and that the innocent is not convicted and the guilty is convicted,” Pirro said. During the court hearing, Judge Gunther-Zambelli granted a request by Greenberg and ordered placed in protective custody at the Westchester County Jail, where he was being held without bail.

By Jacques Steinberg MOUNT VERNON, N.Y., Oct. 25 – A lawyer for the 17-year-old student charged with fatally stabbing another student at Mount Vernon High School on Monday said today that his client had acted in self-defense after being attacked by the victim and several other students in a hallway. But the Mount Vernon Police Chief, Michael J. Craparo, said it was not clear whether the victim, , had been one of at least four youths who had accosted the suspect, . That fight, in which was cut on the forehead, led to the stabbing of , the police said. , also 17, was a star center fielder on the school baseball team. The mood at Westchester County’s largest high school – it has 2,600 students – remained tense. An undercover police officer and a reinforced detail of 32 security guards patrolled the hallways and detectives continued their investigation, interviewing more than a dozen witnesses. After a fire alarm sounded, more than 50 students left the school and marched about a half mile to the Board of Education headquarters to protest safety conditions. The police said that the 10-minute demonstration, which included several adults, had been peaceful and lasted about 10 minutes. At the red-and-tan-brick school, a team of psychologists, social workers and guidance counselors visited classrooms to soothe jittery nerves. Some students spoke of the need for metal detectors, a measure that has been rejected in the past by the Board of Education. But others said that their fears – fanned over the years by glimpses of smuggled knives and box cutters – would not be eased by security devices alone. “We have to start with the mentality of the students who go here,” one young woman said at a group counseling session. She added that even with metal detectors students would find a way to smuggle in weapons. At his arraignment in Mount Vernon City Court this morning, pleaded not guilty to second-degree murder. He was ordered held without bail pending a preliminary hearing on Monday. In an interview, lawyer, Todd Greenberg, asserted that had been part of the group that had attacked his client and provoked the stabbing. He said that – who was cut above the right eyebrow and required about five stitches – would probably mount a self-defense defense. Chief Craparo said that in the moments before was stabbed, was cornered against a wall by his attackers, knocked to the ground and slashed with a knife wielded by someone has been unable to identify. wrested the knife away and, moments later, stabbed three times in the neck, the chief said. Investigators have not yet determined whether was one of assailants or someone who got caught in the second-floor hallway at the wrong time, the chief said.

January 30, 1994 By Bruce Lambert The Maze — and shock over a killing there more than a year ago — refuse to go away. For years the zigzag passageway between warehouses on 74th Street near 52d Court in Maspeth has had an exciting, forbidden appeal to youngsters, who used it as a hangout, a hideaway and private graffiti gallery. On Dec. 6, 1992, the police say, 16-year-old was kicked, then stabbed 18 times, in an angry dispute over money. He died on the spot, in the presence of horrified friends. In the aftermath, , 17, was charged with murder. Local officials declared the Maze dangerous and demanded it be shut down, and the landlord, Louis Sheriff, erected a concrete block wall with a locked door and gave the police the key. But now neighbors are reliving the case as they debate recent acquittal after a five-week trial. And a new push is on to seal the Maze, which still attracts teenagers. “It’s a horrible place, not safe for anyone,” said City Councilwoman Karen Koslowitz. She wants it somehow removed or permanently sealed. “I don’t want to ever have to revisit the Maze,” she said, “or have anything horrible happen there again.” At the front enclosure of the Maze, someone glued the lock, so the police can’t get in with the key. The top five rows of concrete blocks have been broken off, enabling teenagers to scale the wall more easily. And the back entrance, along the adjacent Conrail tracks, remains accessible. Police at the 104th Precinct say that except for the slaying, they are not aware of serious crimes at the Maze. Yet many neighbors say it draws youths and some adults, with drinking, drugs, carousing and fighting that leave broken bottles and even bullet casings — raising fears that more serious trouble could reoccur. And if it did, the acquittal of — in a case where four eyewitnesses testified against him — has undercut their faith that justice will be served., mother of the victim, called the verdict outrageous. After the acquittal on Jan. 12, she said, “I walked out with all those kids. They sobbed and cried. Everything fell apart. It was awful.” One witness, , who lived across the street from , said he had tried to stop the attack. suffered post-traumatic stress syndrome with disrupted sleep and nightmares, his mother, , said, requiring intensive psychotherapy. “When the verdict came in, he was devastated all over again,” she said. “What scares us now is this guy got off and is around.” did not respond to messages left with his lawyer. Debra Lynn Pomodore, the assistant district attorney who prosecuted, said: “We had absolutely no doubt this was the person who did it. Our evidence was overwhelming, with four eyewitnesses who knew him.” Critics of the verdict variously blame faulty investigation and prosecution, adverse actions by the judge and adroit moves by the defense lawyer, Todd D. Greenberg. He challenged the credibility of the four young witnesses, portraying them as graffiti vandals. He also contended that the kick to the head may have killed , not the stabbings as the medical examiner and indictment specified. And he pointed out the knife that was recovered was never tested for blood. “I saw the whole thing — I don’t know what that jury was thinking,” said , who called the ambulance to the murder scene. He and other witnesses expressed dejection that the jury apparently did not believe them. His mother, , said: “The kids have lost faith. We told them to tell the truth, and they did what was right. But the system failed — what do I say now?”

New York Newsday By Graham Rayman A Queens jury has acquitted the Maspeth teenager accused of stabbing a 16-year-old boy to death in a graffiti-covered warren of alleys in Elmhurst called “the Maze.” After a five-week trial, the jury Wednesday evening found , 17, of Maspeth not guilty in the Dec. 6, 1992, slaying of in the Maze, which is near 52nd Court and 74th Street in Elmhurst. The verdict surprised law enforcement officials and the victim’s family, who said prosecutors presented four witnesses. “I don’t know how I’m going to move on after this,” said , the victim’s mother. “Everyone was very confident that the verdict would be guilty,” said , the victim’s father. “All in all, eight children saw what happened. I just can’t understand. I don’t know what to say.” “The jury has spoken and we abide by their decision,” said Richard Piperno, a spokesman for the Queens district attorney, echoing a statement made Wednesday by prosecutor Debra Lynn Pomodore, who declined to comment yesterday. “I just feel that the people just did not surpass their burden of proof beyond a reasonable doubt,” said Todd Greenberg, attorney, adding that his client “cried and was happy” when the verdict came down. During the trial, Greenberg presented no witnesses, focusing instead on attacking the prosecution’s case. In his summation, he challenged the credibility of prosecution witnesses, the physical evidence and the medical examiner’s ruling on the cause of death., the mother of one witness, criticized State Supreme Court Justice Evelyn Braun as biased toward the defense and said her faith in the judicial system was shaken. “It will never be over because he walked,” she said. “I’m not going to comment on the verdict, but if he didn’t do it then you have to wonder who did it,” said City Councilwoman Karen Koslowitz, one of several politicians who pressured the property owner to build a wall at the entrance to the Maze after death. A security guard who works in the warehouses that make up the Maze said because of the cold weather, activity is down, but teenagers still sneak into the area. Gary Giordano, district manager of Community Board 5, said kids still sneak into the area through an entrance next to a set of railroad tracks and then scale another wall. There are as many as 12 ways to get into the Maze.