New York Criminal Defense Attorney Blog

On December 21, 2010, New York City firefighter Pat Quagliariello, 39, was arraigned on charges including criminally negligent homicide and leaving the scene of a personal injury accident before Judge John G. Ingram in Kings County Court. The District Attorney's Office has alleged that on October 10, 2010, at approximately 12:30 AM, Mr. Quagliariello was texting and speeding while driving his BMW X3 at the intersection of 65th Street and 20th Avenue, when his vehicle struck and killed Manuel Tzaj Guachiac, a 35 year old Guatemalan immigrant.

It is further alleged that after the accident, Quagliariello fled the scene and left Mr. Guachiac to die, according to Craig Esswein, the ADA appearing at the arraignment for the Kings County District Attorney's Office. Mr. Quagliariello then abandoned his car and contacted relatives, including his brother, Anthony Quagliariello, who is a detective with the NYPD Joint Terrorism Task Force. The BMW was apparently located about a block from Mr. Quagliariello's home in Midwood. The DA's office also claims that records revealed that Quagliariello was texting at the time of the collision and made calls which place him at the accident scene.

Mr. Guachiac had returned to New York from Guatemala in the spring after visiting his parents and was going home from a late shift at his second job when the fatal accident occurred.

Mr. Quagliariello was also charged with reckless driving and several traffic infractions. He pled not guilty and was released on $50,000 bail. Mr. Quagliariello could face up a minimum of 1 year and maximum of 4 years in jail on the criminally negligent homicide charge if convicted.

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Five Columbia University students, all between the age of 20 and 22, have been charged with felony drug sales including LSD, marijuana, cocaine, ecstasy, and Adderall, which is used to treat attention deficit hyperactivity disorder. The arrest arose out of a five month undercover sting known as "Operation Ivy League" by the NYPD and prosecutors. The students were arrested on December 7, 2010 after making sales to undercover officers of approximately $11,000 since July of this year. Two of the students claimed that they needed the money because their father would not pay his tuition.

All five students were apparently videotaped making sales, and when police searched the students' rooms, they allegedly seized a bottle of LSD, Ecstasy capsules, more than half a pound of marijuana and $2,000 in cash. The students were arraigned in Manhattan Criminal Court last week before Judge Michael Sonberg and each pleaded not guilty. They were held in custody at Rikers Island pending making bond payments, which ranged from $30,000 to $75,000.

Under the Penal Law of New York State, felony drug sales of a controlled substance carry a potential jail term of a minimum of 1 to a maximum of 7 years on the D felony of Criminal Sale of a controlled substance in the 5th degree. This charge also has a fine of up to $5,000.00.

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