The New York Commission on Judicial Conduct has censured a justice for a driving while intoxicated offense exacerbated by his response when stopped by police

In the late evening hours of April 21, 2019, into the early morning hours of April 22, 2019, respondent drove his car from Yonkers, New York, to Mount Kisco, New York, after voluntarily consuming a number of alcoholic beverages.

When the police pulled him over

Officer Bitawi asked respondent several times to get out of his car but respondent refused, stating, “no” and “no I will not.” When Officer Bitawi informed respondent he could remove him from the car, respondent stated, “you can if you want but I will not.”

Officer Bitawi told respondent that he smelled alcohol on his breath and respondent stated, “you don’t.” Officer Bitawi asked respondent how much he had to drink that night, and respondent answered, “nothing, thank you.”

Officer Bitawi asked respondent to get out of the vehicle again and respondent stated, “No, I’m not stepping out of the vehicle. I’ve done nothing. I’ve given you my identification.”

Officers Bitawi and Ricozzi both tried to pull respondent from his vehicle but were unsuccessful. The officers informed respondent that he was under arrest and repeatedly directed him to get out of the car, but respondent held tightly to the steering wheel and stated, “this is unbelievable,” “you’re going to have to hurt me,” “where’s my phone,” and “you’re making a big mistake.”

 At that point, Officer Bitawi informed respondent that he would be forced to discharge his taser unless respondent complied. Respondent replied, “I’m doing nothing, you can’t tase me.”

He was forcibly removed from his car and later pled guilty to a DWI.

Mitigation

Respondent avers that the precipitating factor that led to his intoxication at the time of his arrest was the profound grief he experienced upon losing his wife of 15 years in February 2018, following her protracted battle with cancer. During the Commission’s investigation, respondent testified that he was actively involved in his wife’s treatment to the extent that he disengaged from his law practice and that his only professional attention was to his judgeship. He further testified that, during her illness, he provided extensive home care to his wife while she endured a series of painful and failed treatments.