The Appellate Term of the New York State Supreme Court on April 6 overturned a guilty verdict handed down by the Village of Great Neck against a Great Neck landlord in 2012, citing the village’s failure to properly identify the landlord as the owner of an illegal dwelling.
The court dismissed 17 charges against Sharok Jacobi for allegedly violating the village’s building and safety codes after it found that the documents presented by village prosecutors did not prove he was the owner of the building.
“Each count of the accusatory instrument states that defendant committed the offenses ‘as the owner’ of the premises in question, without any factual allegations as to the basis of that belief, such as that the complainant’s knowledge was based on building department or other public records,” court documents said.
Jacobi was convicted of health, safety and building code violations for allegedly operating an illegal dwelling at 127 Steamboat Road that, according to a 2012 village press release, put multiple families’ lives at risk.
Jacobi’s lawyer Simon Schwartz blasted the village for its handling of the case.
“If you want to nail someone, you do it the right way,” Schwartz said. “These people did it procedurally the wrong way. It was a kangaroo court proceeding and that’s why it was dismissed.”
The Steamboat Road house had eight illegal apartments, including a tenant living in a locked closet and was plagued by poor light and ventilation, mold and violations of electrical and fire codes, according to the village release.
Jacobi was sentenced to 45 days in prison in November 2013, in addition to having to pay a $17,050 fine.
“The court, taking into account the seriousness of the violations involved, finds that three of the 15-day terms will be served consecutively and the remainder of the terms will be served concurrently,” former acting Village Justice Jon Mostel said after the sentencing.
Efforts to reach Mostel were unavailing.
Schwartz said they filed an appeal in August 2014.
During the Jacobi’s trial in 2012, Schwartz questioned the legitimacy of the sentence.
Schwartz said Jacobi should only have received one 15-day sentence for failing to disclose that his wife owned the building, not him.
Schwartz said Jacobi could not have known the conditions of the property because it was run by his wife, who he said had a restraining order against him.
Mostel rejected the argument, saying Jacobi had acknowledged his role as landlord in previous court proceedings.
“Mr. Jacobi conceded that he was in possession of the property and that he had a certain person collect the rent for him,” Mostel said.
Schwartz also argued that Jacobi had been denied legal counsel during his initial trial.
Mostel said Jacobi had repeatedly been offered counsel and only asked for a lawyer at the end of his trial.
Former Village of Great Neck Mayor Ralph Kreitzman praised Jacobi’s conviction in a statement in 2012, describing the case as a matter of public safety.
“We believe that the punishment fits the crime,” Kreitzman said. “This resolution serves as a reminder to those who are willing to exploit others for their own personal benefit. These actions clearly demonstrate a wanton disregard for the life, safety and welfare of others, and we will continue to play a role in assuring that these violations will not be tolerated.”
Mostel has since been replaced by current Village Justice Mark Birnbaum and Kreitzman was unseated by current village Mayor Pedram Bral.
Efforts to reach Bral for comment on the court’s ruling were unavailing.
