Construction firm owner pleads guilty to wage theft over emergency repairs at 642 E. 14th St.

642 E. 14th St. as seen in December 2023 

A construction company owner has pleaded guilty to stealing wages from engineers and laborers working on a city-funded emergency project and has repaid the workers in full, the Manhattan D.A.'s Office announced last week.

Anthony Martucci, 60, owner of Tuccimar, Inc. in Westchester County, admitted to underpaying six workers — three professional engineers and three laborers — during a project on East 14th Street in late 2023. 

As part of his plea to one count of petit larceny, a misdemeanor, Martucci paid $36,786 in restitution and agreed to a three-year ban on receiving New York City contracts. 

The case centers on emergency stabilization work at 642 E. 14th St., a 16-unit building where nearly 30 tenants were forced to evacuate just days after Thanksgiving 2023. On Nov. 28, 2023, the Department of Buildings ordered tenants to vacate after excavation work on Madison Realty Capital's (MRC) neighboring 24-story tower compromised 642's foundation, resulting in severe structural cracks. 

The tenants, displaced from their homes at the start of the holiday season, were placed in city shelters while the city worked to stabilize the building. 

Having submitted the lowest bid, Martucci's company was awarded the emergency shoring contract by the Department of Housing Preservation and Development in December 2023. Work on the building began on Dec. 16 and was completed by mid-January 2024. 

However, according to prosecutors, Tuccimar submitted certified payrolls that falsely stated all workers had been paid, while sign-in logs confirmed their hours on-site.

One underpaid engineer received payment during the investigation, but the remaining five workers were still owed more than $36,000. Martucci repaid that amount to the D.A.'s Office last month as part of the plea agreement. 

"With this resolution, hardworking New Yorkers will be paid what they rightfully earned," District Attorney Alvin Bragg said in a statement. "The unscrupulous owner of a construction company will not be able to bid on City contracts for three years."

The state of 642 E. 14th St.

Meanwhile, the full demolition order from 642's landlord, reportedly Second Avenue Deli owner Jeremy Lebewohl, remains on hold, dated from last July 18, as per DOB records. His lawyers told the Times last November that the costs to make necessary repairs exceed the building's value.

For their part, 644's developer, MRC, cast blame next door, telling the Times that "the landlord had neglected the property and did not support Madison's efforts to make the building structurally sound." 

As for the tenants at 642 who had rent-stabilized apartments, the Cooper Square Committee worked with MRC to find units in its portfolio of East Village properties. 

One of the former 642 tenants recently told EVG that they were initially given temporary lease agreements for four months, commencing at the end of February 2024, with the actual leaseholds set to begin on July 1, 2024. 

As we reported here, Madison Realty Capital is now in foreclosure on Raphael Toledano's one-time 17-building portfolio. 

So once again, the 642 residents find themselves facing an uncertain housing future. 

Any assistance from local elected officials? After a December 2023 rally, they've moved on, the tenant said.

Meanwhile, next door to 642, here's a look at MRC's 24-floor story residential building at 644 E. 14th St., called The East, set to open in the fall...

As far as the 642 tenant knew, none of the former residents had been offered any of 644's 197 units.

Previously on EV Grieve: 

• Residents ordered to vacate after excavation next door destabilized this 14th Street building 

• Crowdfunding help for the residents displaced by Madison Reality Capital construction on 14th Street 

• Displaced 14th Street tenants seek support after city orders them to vacate their building 

• East Village tenants call for nonprofit ownership amid years of housing instability

D.A. Bragg announces sentencing of shooter in gang-related murder on 3rd Street and Avenue D

Photos from May 2022 by Stacie Joy 

A man who reportedly gunned down a rival gang member in May 2022 has been sentenced to 15 years to life in state prison. 

On Friday, Manhattan D.A. Alvin L. Bragg Jr. announced the sentencing of 20-year-old Zymir Humphrey for murdering 21-year-old Brandon Atkinson on May 15, 2022, on Third Street and Avenue D. That shooting set in motion a series of retaliatory deadly shootings. 

According to court documents and statements, the case involved members of rival local gangs, Up the Hill and Down the Hill. 

Per the DA's office:

In May of 2022, an associate of Up the Hill was the victim of a robbery and Humphrey, who was a member of Up the Hill, believed that the rival gang was responsible. Atkinson, although an associate of Down the Hill, was not part of the robbery. 

As admitted in the defendant's guilty plea, on May 15, 2022, at approximately 11:15 p.m., Atkinson was at a deli near East Third Street and Avenue D. Humphrey traveled to the area, which was believed to be territory belonging to the rival gang, and shot Atkinson in the back of the head. He was pronounced dead at the hospital.

U.S. Marshals arrested Humphrey in West Virginia in July 2022 and extradited him back to NYC. This past November, he pleaded guilty in New York Supreme Court to one count of Murder in the Second Degree. 

"Zymir Humphrey shot and killed Brandon Atkinson in a cruel and vicious act of gun violence," Bragg said in a statement. "Senseless cycles of retribution continue to fuel gun violence that destabilizes our communities and, far too often, results in the deaths of young New Yorkers. As Manhattan district attorney, tackling gun violence remains my top priority." 

Atkinson's death was part of a sprawling gang feud that also saw two local residents murdered in the Bronx. According to published reports, LES resident Nikki Huang, 23, allegedly had her purse stolen by a member of the Down the Hill gang. Huang, who was said to have friends in the Up the Hill gang, told them about the snatching.

As the Post reported, the payback started with Atkinson's death. Later that night, two Up the Hill members were shot and wounded on Pike Street. Huang and a friend from middle school, Jesse Parrilla, 22, were also kidnapped and executed that night near the Pelham Split Rock Golf Course in the Bronx. 

Parrilla, a former college basketball player who lived with his mother on 12th Street between Avenue A and First Avenue, was said to be an innocent bystander. According to press reports, he simply gave a longtime friend a ride. 

Three suspects have been charged for the murders of Huang and Parrilla. Those cases remain active. A fourth suspect remains at large. 

Before the sentencing on Friday, Humphrey offered an apology. "I would like to apologize to Nikki Huang's family because, in all reality, she didn't have anything to do with [any] of this. Jesse's family also," the Daily News reported. 

While being led out of the courtroom, Humphrey told someone in attendance to "smoke that weed," per press accounts.

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 A memorial for Brandon Atkinson on the corner of Third Street and Avenue D from May 2022

Previously on EV Grieve:

• After deadly shooting, fearful residents speak out about the drug activity on Avenue D & 3rd Street 

• Hoop dreams: A memorial for Jesse Parrilla

D.A. Bragg announces indictment in L train stabbing

EVG reader photo from Sept. 20

An East Village resident accused of stabbing a passenger in the back while exiting a Brooklyn-bound L train at the First Avenue stop last month has been indicted. 

Yesterday, Manhattan D.A. Alvin L. Bragg Jr. announced the indictment of Raymond Kwok, 27, for stabbing a 29-year-old man this past Sept. 20. Kwok is charged in a New York State Supreme Court indictment with one count of Assault in the Second Degree and two counts of Criminal Possession of a Weapon in the Fourth Degree. 

"New Yorkers relying on public transportation deserve to be safe, and violence in our transit system, especially with dangerous weapons, will not be tolerated," Bragg said in a statement.

According to court documents and statements made on the record in court, on Sept. 20, at approximately 8:43 p.m., Kwok and the victim argued after bumping into each other while the man was walking downstairs at the First Avenue L train station. A few moments later, as the man continued walking, Kwok stabbed him in the back, according to Bragg's office. Per reports at the time, the two men did not know each other.

The victim was eventually transported to Bellevue, where he received stitches for the cut.

Kwok fled the scene and was picked up three days later. During his arrest, officers found a switchblade in Kwok's right pocket.

City's fight against unlicensed cannabis shops now targets landlords; 4 East Village shops busted

Photos Tuesday by Stacie Joy 

On Tuesday, Mayor Adams and Manhattan DA Bragg announced that they have joined forces to combat the proliferation of illegal, unlicensed cannabis dispensaries in the city.

For starters, the NYPD filed complaints against four unlicensed establishments selling cannabis in the jurisdiction of the 9th Precinct, which covers the East Village. 

Per a media advisory from the city: 

The complaints allege that an officer observed the sale of cannabis products at these establishments to underage individuals and sought to shut them down for the illegal sale of cannabis products and operating without a license. 

Additionally, the Manhattan DA's office mailed letters to each of the more than 400 known smoke shops in Manhattan, warning them of the potential for eviction proceedings for unlawful cannabis sales. 

The NYPD's lawsuits allege that officers observed the sale of cannabis to underage auxiliary officers at these four establishments in Manhattan: Runtz Tobacco, 14 First Ave; Broadway, 736 Broadway; Saint Marks Convenience & Smoke Shop, 103 Saint Mark's Place; and Sogie Mart Rolls & Puff, 24 Avenue A. 

The NYPD now seeks to shut down these unlicensed establishments under New York City's Nuisance Abatement Law for the unlicensed sale of cannabis, also a violation of New York State's Marijuana Regulation and Taxation Act. 

EVG contributor Stacie Joy was present at Saint Marks Convenience & Smoke Shop between Avenue A and First Avenue when a contingent of law enforcement officers from the 9th Precinct, the Sheriff's Interagency Enforcement Task Force, the Department of Consumer and Worker Protection, and the state Office of Cannabis Management paid a visit.

Law enforcement officials carried out bags full of confiscated merchandise and left copies of the lawsuit behind. Despite the action, a few of the shops opened later that day. 

New York City Sheriff Anthony Miranda told a City Council hearing last month "that this tactic was unlikely to lead to stores being shut down right away," as Gothamist reported. "Nuisance abatement takes a little while because the person has to have due process," Miranda said at that hearing.

The letter to the smoke shops from Bragg informs commercial entities that the DA's office "is prepared to use its civil authority under Real Property Actions and Proceedings Law to require owners and landlords to commence eviction proceedings of commercial tenants who are engaged in illegal trade or business, and to take over such eviction proceedings if necessary." (Find a copy of the letters here.) 

The Real Deal identified the landlords behind the four East Village shops that were busted on Tuesday: 103 Saint Marks Place and 736 Broadway are owned by Bahram Hakakian's Allied Realty & Development, 24 Avenue A is owned by a limited liability company linked to Alfred Sabetfard of Sabet Group, and Runtz Tobacco at 14 First Ave. Per TRD: Jeong Hoon Kim and Son Dinh Tran are linked to LLCs that own two of the properties. 

There are an estimated 50 illegal shops in the East Village; 1.400 in the five boroughs.

Bragg said that his office will determine where evidence exists of unauthorized cannabis sales and other illegal activity and will notify landlords of their requirement to begin eviction proceedings.

If the landlord does not make an application to evict within five days of the written notice — or if, after making the application, the landlord does not "in good faith diligently prosecute it" — then the DA's Office will bring its own proceeding against the tenant as though it were the landlord.

The Housing Works Cannabis Co. store — New York's first legal recreational marijuana market — opened to great fanfare and long lines in late December on Broadway at Eighth Street in a former Gap retail space. Another legal dispensary is expected to open on Third Street near the Bowery this spring.

DA-hosted East Village gun buyback nets 16 firearms this past Saturday

Photos and reporting by Stacie Joy

The Manhattan District Attorney's office hosted a gun buyback on Saturday that yielded 16 firearms.

The event occurred at Gethsemane Garden Baptist Church on Seventh Street between Avenue B and Avenue C. Participants could receive a $200 bank card and an iPad for handguns or assault rifles; a $25 bank card for rifles, shotguns or airguns — and no questions asked.

The guns exchanged — after an inspection — featured 10 semiautomatic weapons, five revolvers and one derringer. Officials said that more than 25% of the semiautomatic weapons were "defaced" with the serial number obscured. 

"Every gun off the streets is potentially a life saved," Manhattan DA Alvin Bragg said after the exchange.

This was the third buyback event this year for Bragg's office. (A buyback session in Harlem this past June yielded 78 firearms; another in Inwood brought in 42.) Bragg said this is part of a larger initiative to get guns off the streets, including anti-gun trafficking initiatives. 

Bragg was also later joined by State Sen. Brad Hoylman and Assemblymember Harvey Epstein, who said they were pleased to partner with the DA's office and the efforts to create safer streets.

... and a soundbite from the event...