RACIAL AND ETHNIC DISPARITIES IN ARRESTS AND...

RACIAL AND ETHNIC DISPARITIES IN ARRESTS

AND CONVICTIONS IN THE COUNTIES

REPRESENTED BY MEMBERS OF THE

NEW YORK STATE

LEGISLATIVE CAUCUS OF BLACK, PUERTO RICAN,

HISPANIC AND ASIAN LEGISLATORS

___________________________________________

___________________________________________

New York State Defenders Association

Public Defense Backup Center

194 Washington Avenue

Albany, NY 12210

May 19, 2014

i

TABLE OF CONTENTS

Page

Background 1

Counties Represented by Caucus Members Examined 1

Caveats 2

Bronx County 3

Honorable Gustavo Rivera, NYS Senate

Honorable Carmen E. Arroyo, NYS Assembly

Honorable Marcos A. Crespo, NYS Assembly

Honorable Carl E. Heastie, NYS Assembly

Honorable Victor Pichardo, NYS Assembly

Honorable Jose Rivera, NYS Assembly

Honorable Luis R. Sepulveda, NYS Assembly

Erie County 5

Honorable Crystal Peoples-Stokes, NYS Assembly

Kings County 7

Honorable Martin Malave Dilan, NYS Senate

Honorable Velmanette Montgomery, NYS Senate

Honorable Kevin Parker, NYS Senate

Honorable John Sampson, NYS Senate

Honorable Karim Camara, NYS Assembly

Honorable Maritza Davila, NYS Assembly

Honorable Walter T. Mosley, NYS Assembly

Honorable Felix Ortiz, NYS Assembly

Honorable N. Nick Perry, NYS Assembly

Honorable Annette Robinson, NYS Assembly

Monroe County 9

Honorable David Gantt, NYS Assembly

Nassau County 11

Honorable Earlene Hooper, NYS Assembly

Honorable Michaelle Solages, NYS Assembly

New York County 13

Honorable Adriano Espaillat, NYS Senate

Honorable Bill Perkins, NYS Senate

Honorable Jose Serrano, NYS Senate

Honorable Herman Farrell, Jr., NYS Assembly

ii

Honorable Robert Rodriguez, NYS Assembly

Honorable Gabriela Rosa, NYS Assembly

Honorable Keith L. T. Wright, NYS Assembly

Onondaga County 15

Honorable Samuel Roberts, NYS Assembly

Queens County 17

Honorable Jose Peralta, NYS Senate

Honorable James Sanders, Jr., NYS Senate

Honorable Malcolm Smith, NYS Senate

Honorable Jeffrion Aubry, NYS Assembly

Honorable Barbara Clark, NYS Assembly

Honorable Vivian Cook, NYS Assembly

Honorable Ron Kim, NYS Assembly

Honorable Francisco Moya, NYS Assembly

Honorable Nily Rozic, NYS Assembly

Honorable William Scarborough, NYS Assembly

Honorable Michele Titus, NYS Assembly

Suffolk County 19

Honorable Phil Ramos, NYS Assembly

Westchester County 21

Honorable Ruth Hassell-Thompson, NYS Assembly

Honorable Andrea Stewart-Cousins

Albany, Columbia, Delaware, Greene, Otsego, Schoharie & Ulster Counties 23

Honorable Peter Lopez, NYS Assembly

Conclusion 37

Appendix: Average Percent Poverty by Legislative District 38

1

BACKGROUND

The New York State Legislative Caucus of Black, Puerto Rican, Hispanic and Asian Legislators was a

leading voice in the call for passage of the Public Defense Reform of 2009. That bill was modeled on the

2006 recommendations of then-Chief Judge Kaye’s Commission on the Future of Indigent Defense

Services. The Kaye Commission called for the state takeover of the funding and administration of public

defense services. Specifically, it advocated for the creation of an independent, politically-insulated public

defense commission to oversee and administer a new system, and an end to the unconstitutional

system that existed then and which continues today.

Earlier this legislative session NYSDA called on the Legislature and the Caucus to ask the Governor to

settle a pending class action lawsuit over the unconstitutionality of the public defense system, and to

revive Judge Kaye’s call for state takeover and the independent public defense commission.

In conversation with Caucus staff NYSDA was asked to prepare an analysis of the jurisdictions served by

its members to better frame the issue of over-representation of people of color in arrests and convictions.

NYSDA prepared this report using information from the Division of Criminal Justice Services (DCJS)

and the US Census Bureau. The report contains a preliminary assessment of arrest and disposition data for

the 17 counties represented by Caucus members, demonstrates racial/ethnic disparities in the arrests and

convictions experienced by people of color in those counties, and illustrates the disproportionate number

of individual people of color who must rely on New York’s dysfunctional, under-resourced, county-by-

county public defense system.

NYSDA hopes that this data will help rekindle the demand, made in 2009 by the Caucus and others,

for creation of a statewide, fully and adequately state-funded public defense system administered

by an Independent Public Defense Commission.

COUNTIES REPRESENTED BY CAUCUS MEMBERS EXAMINED

Each Caucus member's county is examined. Where the district extends beyond one county's border, each

county is presented separately.

When the data are taken collectively, they show that from 2011 thru 2013, there have been over 1

million felony and misdemeanor arrests of non-White individuals within the 17 Caucus Counties.

Of those one million arrests, more than 600,000 were of African-Americans; more than 375,000 were of

Hispanics/Latinos. By comparison, just over 300,000 White individuals were arrested during that same

time period, 50% fewer than African-Americans and 20% fewer than Hispanics/Latinos. These numbers

are striking even more so when you realize the aggregate population of Whites and Non-Whites in these

counties is fairly similar: 7,152,975 White Non-Hispanic and 7,231,283 Non-Whites (2.5M African-

Americans; 3M Hispanics; 1.3M Asians; 300K other race).

Non-White defendants accounted for 78% of the over 240,000 felony level convictions in the 17

Caucus Counties and 75% of the nearly 500,000 misdemeanor level convictions from 2011 thru

2013. White defendants accounted for only 22% of felony level convictions and 25% of the misdemeanor

level convictions. More specifically, there were twice as many felony convictions of African-American

defendants as there were felony convictions of White defendants.

2

These numbers speak to the vast over-representation of defendants of color within New York State’s

criminal justice system. For example, African-Americans account for only 18% of the population in New

York County, however, 49% of felony arrests and 45% of the misdemeanor arrests in New York County

are of African-Americans. In Monroe County, African-Americans account for 12% of the county

population, however, African-American defendants account for 53% of the felony arrests and 46% of the

misdemeanor arrests within that county. Even in Caucus Counties where African-Americans comprise

less than 10% of the overall population, like Ulster (7%) and Suffolk (8%), they still account for more

than one quarter of the felony arrests (Ulster:25%; Suffolk: 29%) and approximately one-fifth of the

misdemeanor arrests (Ulster:16%; Suffolk:25%).

Once African-American and Hispanic/Latino defendants are arrested and funneled into New York State’s

criminal justice system, there is a significant likelihood that they will be convicted. In Onondaga County,

69% of African-American defendants charged with a felony were convicted as were 68% of Hispanic

felony defendants. In Monroe County, the number jumps to 75% for African-American felony defendants

and reaches 79% for Hispanic defendants.

Given the level of poverty amongst constituents within the Caucus districts, sometimes as high as 40%

(Appendix), a significant majority of these felony and misdemeanor defendants will find themselves

represented by overworked, underfunded attorneys working within public defender offices, legal aid

societies and assigned counsel programs.

CAVEATS

The following charts provide an overview of outcomes for defendants of color in the Caucus Counties.

Because the population of many of the Caucus Counties includes only a very small percentage of people

of Asian ethnicity, any evaluation of the arrest and conviction data with regard to that group is difficult or

impossible. In some Caucus Counties, the low raw numbers of people of Asian, and in some instances

Hispanic, ethnicity also make evaluation problematic.

Without much more information, the data here do not allow for meaningful evaluation or comparison, or

even speculation, between counties as to the cause of arrest or conviction rates. Many factors may be at

play: policing and plea bargain policies; political pressures; resources, experience, skill, and practice

culture of both prosecuting and defense attorneys; personality and practices of judges; and others too

numerous to list. What the data here do show is that in each of the Caucus Counties, a disproportionate

number of people of color are processed through the criminal justice system.

3

BRONX COUNTY

NEW YORK STATE SENATE

HONORABLE GUSTAVO RIVERA

NEW YORK STATE ASSEMBLY

HONORABLE CARMEN E. ARROYO HONORABLE VICTOR PICHARDO

HONORABLE MARCOS A. CRESPO HONORABLE JOSE RIVERA

HONORABLE CARL E. HEASTIE HONORABLE LUIS R. SEPULVEDA

From 2011 thru 2013, more than 225,000 non-White individuals were arrested for

misdemeanors and felonies in Bronx County. During that same time period, over 100,000 defendants of

color were convicted of misdemeanors and felonies.

By contrast, White defendants in Bronx County accounted for just over 10,000 felony and

misdemeanor arrests and only slightly more than 5,000 misdemeanor and felony convictions.

When you examine each racial/ethnic group’s county population percentage compared to their

felony and misdemeanor arrest percentage, you can see that while 11% of Bronx County is White, only

4% of arrests for felonies and misdemeanors were of White defendants. Additionally, Hispanic residents

comprised 54% of the county population however Hispanics only represented 49% of the felony and

misdemeanor arrests. Conversely, Black residents comprised 30% of the county population but Black

defendants accounted for 45% of the felony and misdemeanor arrests from 2011 thru 2013 within Bronx

County.

11%

30%

54%

4% 2% 4%

45% 49%

1% 1% 4%

45% 49%

1% 1% 0%

20%

40%

60%

80%

100%

White Black Hispanic Asian/Indian Other/Unk

Bronx County Population & Arrests

by Race/Ethnicity 2011-2013

County Pop. % Fel. Arrest % Misd. Arrest %

4

Black defendants in Bronx County accused of felony level offenses were convicted in 55% of the

cases, while Hispanic defendants were convicted in 59% of felony cases1. Interestingly, White

defendants were convicted in 60% of felony cases within Bronx County from 2011 thru 2013.

In Bronx County, slightly less than half of all misdemeanor cases did not result in a conviction

(51%), but for African-Americans the trend reversed with slightly more than half of misdemeanor cases

resulting in convictions (51%).

1 The “Not Convicted” category here and throughout includes cases that were dismissed or Adjourned in

Contemplation of Dismissal as well as cases where the district attorney declined to prosecute or there was an

acquittal at trial.

60% 55%

57% 53% 54% 56%

40% 45%

43% 47% 46% 44%

0%

10%

20%

30%

40%

50%

60%

70%

White Black Hispanic Asian/Indian Other/Unk COUNTY

Bronx County Felony Dispositions

by Race 2011-2013

Convicted Not Convicted

52% 51% 48%

41% 47%

49% 48% 49% 52%

59% 53%

51%

0%

10%

20%

30%

40%

50%

60%

70%


Bronx County Misdemeanor Dispositions

by Race 2011-2013


5

ERIE COUNTY


HONORABLE CRYSTAL PEOPLES-STOKES


misdemeanors and felonies in Erie County. During that same time period, over 22,000 defendants of


White defendants in Erie County accounted for just over 41,000 felony and misdemeanor

arrests and slightly more than 23,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 81% of Erie County is White, only

42% of arrests for felonies and 55% of the misdemeanor arrests were of White defendants. Conversely,

Black residents comprised 14% of the county population but accounted for 48% of the felony arrests and

36% of misdemeanor arrests from 2011 thru 2013 within Erie County. Additionally, Hispanic residents

comprised only 5% of the county population but Hispanic defendants represented 9% of the felony arrests

and 7% of misdemeanor arrests.

81%

14%

5% 3% 2%

42% 48%

9%

2% 1%

55%

36%

7% 2% 1%

0%

20%

40%

60%

80%

100%


Erie County Population & Arrests


County Pop % Fel. Arrest % Misd. Arrest %

6

Black defendants in Erie County accused of felony level offenses were convicted in 58% of the

cases, below the county average of 63% of felony cases resulting convictions, while Hispanic defendants

were convicted in 64% of felony cases. Interestingly, White defendants were convicted in 68% of felony

cases within Erie County from 2011 thru 2013.

In Erie County, 56% of all misdemeanor cases resulted in a conviction and that trend was

consistent for White defendants (57%), Black defendants (54%), Hispanic defendants (55%) and Asian

defendants (54%).

68%

58% 64%

67% 65% 63%

32%

42% 36%

33% 35% 37%

0%

20%

40%

60%

80%


Erie County Felony Dispositions

by Race 2011-2013


57% 54% 55% 54%

46%

56%

43% 46% 45% 46%

54%

44%

0%

15%

30%

45%

60%


Erie County Misdemeanor Dispositions

by Race 2011-2013


7

KINGS COUNTY


HONORABLE MARTIN MALAVE DILAN HONORABLE KEVIN PARKER

HONORABLE VELMANETTE MONTGOMERY HONORABLE JOHN SAMPSON


HONORABLE KARIM CAMARA HONORABLE FELIX ORTIZ

HONORABLE MARITZA DAVILA HONORABLE N. NICK PERRY

HONORABLE WALTER MOSLEY HONORABLE ANNETTE ROBINSON


misdemeanors and felonies in Kings County. During that same time period, over 112,000 defendants of


By contrast, White defendants in Kings County accounted for just over 33,000 felony and

misdemeanor arrests and just under 15,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 36% of Kings County is White, only

11% of felony arrests and 12% of misdemeanor arrests were of White defendants. Conversely, Black

residents comprised 32% of the county population but accounted for 63% of the felony arrests and 62% of

misdemeanor arrests from 2011 thru 2013 within Kings County. Of all groups, the Hispanic population

and arrest percentages were most closely aligned: 20% of the county population; 23% of felony arrest;

and 22% of misdemeanor arrests.

36% 32%

20% 11%

2% 11%

63%

23%

3% 1% 12%

62%

22%

3% 1% 0%

20%

40%

60%

80%

100%


Kings County Population & Arrests



8

Black defendants in Kings County accused of felony level offenses were convicted in 57% of the

cases, a percentage less than both White defendants and Hispanic defendants who were convicted in 61%

of their cases.

The majority of misdemeanor level cases in Kings County do not result in a conviction.

However, both Black and Hispanic defendants were convicted in misdemeanor level cases slightly more

often than White defendants in Kings County from 2011 thru 2013 (44% and 42%, respectively).

61% 57%

61%

50% 46%

58%

39% 43%

39%

50% 54%

42%

0%

10%

20%

30%

40%

50%

60%

70%


Kings County Felony Dispositions

by Race 2011-2013


42% 44% 44%

32% 36%

43%

58% 56% 56%

68% 64%

57%

0%

20%

40%

60%

80%


Kings County Misdemeanor Dispositions

by Race 2011-2013


9

MONROE COUNTY


HONORABLE DAVID GANTT


misdemeanors and felonies in Monroe County. During that same time period, over 18,000 defendants of


By contrast, White defendants in Monroe County accounted for just over 21,000 felony and

misdemeanor arrests and just over 13,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 73% of Monroe County is White, only



46% of misdemeanor arrests from 2011 thru 2013 within Monroe County. Additionally, Hispanic

residents comprised only 7% of the county population but Hispanic defendants represented 12% of the

felony arrests and 11% of misdemeanor arrests.

73%

14% 7%

3% 2%

34%

53%

12%

1% 0%

42% 46%

11%

1% 0% 0%

20%

40%

60%

80%

100%


Monroe County Population & Arrests



10

Felony level defendants in Monroe County were convicted in more than three-quarters of the

cases from 2011 thru 2013. Interestingly, White defendants accused of felonies were convicted 80% of

the time, compared to Hispanic felony defendants at 79% and Black felony defendants at 75%.

In Monroe County, slightly more than half of all misdemeanor cases result in a conviction (52%).

However, White defendants accused of misdemeanors were more likely to be convicted (57%) compared

to Black defendants (47%), Hispanic defendants (49%) and Asian defendants (47%).

80% 75% 79% 81% 80% 77%

20% 25% 21% 19% 20% 23%

0%

15%

30%

45%

60%

75%

90%


Monroe County Felony Dispositions

by Race 2011-2013


57%

47% 49% 47%

88%

52% 43%

53% 51% 53%

13%

48%

0%

20%

40%

60%

80%

100%


Monroe County Misdemeanor Dispositions

by Race 2011-2013


11

NASSAU COUNTY


HONORABLE EARLENE HOOPER

HONORABLE MICHAELLE SOLAGES


misdemeanors and felonies in Nassau County. During that same time period, over 22,000 defendants of


White defendants in Nassau County accounted for just over 21,000 felony and misdemeanor

arrests and just over 15,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 65% of Nassau County is White, only

34% of arrests for felonies and 44% of the misdemeanor arrests were of White defendants. Additionally,

Hispanic residents comprised 15% of the county population but Hispanic defendants represented only 8%

of the felony and misdemeanor arrests. Conversely, Black residents comprised 11% of the county

population but accounted for 41% of the felony arrests and 31% of misdemeanor arrests from 2011 thru

2013 within Nassau County.

65%

11% 15% 8%

2%

34% 41%

8% 4% 13%

44%

31%

8% 3%

15%

0%

20%

40%

60%

80%

100%


Nassau County Population & Arrests



12

Felony level defendants in Nassau County were convicted in 85% of cases across all racial/ethnic

categories. However, Black defendants were convicted in 86% of felony level cases and Hispanic

defendants were convicted in 88% of felony level cases.

In Nassau County, 65% of all misdemeanor cases result in a conviction. However, Hispanic

defendants accused of misdemeanors were convicted in 74% of cases, while White and Black defendants

were convicted in 65% of the misdemeanor cases.

82% 86% 88% 83% 85% 85%

18% 14% 12% 17% 15% 15%

0%

20%

40%

60%

80%

100%


Nassau County Felony Dispositions

by Race 2011-2013


65% 65%

74%

50%

62% 65%

35% 35%

26%

50%

38% 35%

0%

20%

40%

60%

80%


Nassau County Misdemeanor Dispositions

by Race 2011-2013


13

NEW YORK COUNTY


HONORABLE ADRIANO ESPAILLAT HONORABLE JOSE SERRANO

HONORABLE BILL PERKINS


HONORABLE HERMAN FARRELL, JR. HONORABLE GABRIELA ROSA

HONORABLE ROBERT RODRIGUEZ HONORABLE KEITH WRIGHT


misdemeanors and felonies in New York County. During that same time period, over 127,000

defendants of color were convicted of misdemeanors and felonies.

By contrast, White defendants in New York County accounted for over 37,000 felony and



felony and misdemeanor arrest percentage, you can see that while 48% of New York County is White,

only 12% of arrests for felonies and 16% of the misdemeanor arrests were of White defendants.

Conversely, Black residents comprised 13% of the county population but accounted for 49% of the felony

arrests and 45% of misdemeanor arrests from 2011 thru 2013 within New York County. Additionally,

Hispanic residents comprised 26% of the county population but Hispanic defendants represented 35% of

the felony arrests and 34% of misdemeanor arrests.

48%

13%

26%

11% 3%

12%

49%

35%

3% 1%

16%

45%

34%

4% 1% 0%

20%

40%

60%

80%

100%


New York County Population & Arrests



14

Felony level defendants in New York County were convicted in 68% of cases across all racial and

ethnic categories from 2011 thru 2013. However, Black defendants were convicted in 70% of felony

level cases compared to 67% of Hispanic defendants and 68% of White defendants. Asian defendants

were convicted in 61% of cases, below the county average.

In New York County, 56% of all misdemeanor cases resulted in a conviction from 2011 thru

2013. However, Black defendants were convicted in 63% of cases, a larger percentage than White

defendants (46%), Hispanic defendants (53%) and Asian defendants (40%).

68% 70% 67%

61% 61% 68%

32% 30% 33%

39% 39% 32%

0%

20%

40%

60%

80%


New York County Felony Dispositions

by Race 2011-2013


46%

63%

53%

40%

48%

56% 54%

37%

47%

60%

52%

44%

0%

10%

20%

30%

40%

50%

60%

70%


New York County Misdemeanor Dispositions

by Race 2011-2013


15

ONONDAGA COUNTY


HONORABLE SAMUEL ROBERTS


misdemeanors and felonies in Onondaga County. During that same time period, over 9,600 defendants

of color were convicted of misdemeanors and felonies.

However, White defendants in Onondaga County accounted for just over 19,000 felony and



felony and misdemeanor arrest percentage, you can see that while 79% of Onondaga County is White,



arrests and 35% of misdemeanor arrests from 2011 thru 2013 within Onondaga County. Additionally,

Hispanic residents comprised only 4% of the county population but Hispanic defendants represented 7%

of the felony arrests and 5% of misdemeanor arrests.

79%

11% 4% 3% 3%

47% 44%

7% 2% 1%

57%

35%

5% 2% 1% 0%

20%

40%

60%

80%

100%


Onondaga County Population & Arrests



16

Felony level defendants in Onondaga County were convicted in 68% of cases across all racial and

ethnic categories from 2011 thru 2013. Interestingly, it was Asian defendants (71%) with the highest

percentage rate, followed by Black defendants (69%) and Hispanic defendants (68%).

In Onondaga County, 56% of all misdemeanor cases resulted in a conviction from 2011 thru

2013. Again, Asian defendants (60%) had a higher conviction percentage than White defendants (56%),

Black defendants (55%) and Hispanic defendants (54%).

66% 69% 68% 71%

57%

68%

34% 31% 32% 29%

43%

32%

0%

20%

40%

60%

80%


Onondaga County Felony Dispositions

by Race 2011-2013


56% 55% 54% 60%

50% 56%

44% 45% 46% 40%

50% 44%

0%

10%

20%

30%

40%

50%

60%

70%


Onondaga County Misdemeanor Dispositions

by Race 2011-2013


17

QUEENS COUNTY


HONORABLE JOSE PERALTA HONORABLE MALCOLM SMITH

HONORABLE JAMES SANDERS, JR.


HONORABLE JEFFRION AUBRY HONORABLE FRANCISCO MOYA

HONORABLE BARBARA CLARK HONORABLE NILY ROZIC

HONORABLE VIVIAN COOK HONORABLE WILLIAM SCARBOROUGH

HONORABLE RON KIM HONORABLE MICHELE TITUS


misdemeanors and felonies in Queens County. During that same time period, over 77,000 defendants of


By contrast, White defendants in Queens County accounted for just over 26,000 felony and

misdemeanor arrests and over 13,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 28% of Queens County is White, only



36% of misdemeanor arrests from 2011 thru 2013 within Queens County. Additionally, Hispanic



28% 18%

28% 23%

4% 13%

43%

32%

11% 1%

16%

36% 35%

12% 2%

0%

20%

40%

60%

80%

100%


Queens County Population & Arrests



18

Felony level defendants in Queens County were convicted in 67% of cases across all racial and

ethnic categories from 2011 thru 2013 and that trend was consistent for White defendants (67%), Black

defendants (68%) and Hispanic defendants (68%). Asian defendants (62%) in felony level cases had a

slightly lower conviction percentage.

Fewer than half of all misdemeanor level cases resulted in conviction in Queens County from

2011 thru 2013. However, Black defendants were convicted in 51% of misdemeanor cases, the only

racial/ethnic group to experience conviction in more than half of the cases.

67% 68% 68% 62%

68% 67%

33% 32% 32% 38%

32% 33%

0%

20%

40%

60%

80%


Queens County Felony Dispositions

by Race 2011-2013


47% 51%

46% 42% 44%

48% 53%

49% 54%

58% 56% 52%

0%

10%

20%

30%

40%

50%

60%

70%


Queens County Misdemeanor Dispositions

by Race 2011-2013


19

SUFFOLK COUNTY


HONORABLE PHIL RAMOS


misdemeanors and felonies in Suffolk County. During that same time period, over 23,000 defendants of


However, White defendants in Suffolk County accounted for just over 42,000 felony and

misdemeanor arrests and over 29,000 misdemeanor and felony convictions.


felony and misdemeanor arrest percentage, you can see that while 72% of Suffolk County is White, only



20% of misdemeanor arrests from 2011 thru 2013 within Suffolk County. Additionally, Hispanic



72%

7%

17%

4% 2%

48%

29% 21%

2% 1%

58%

20% 20%

1% 1% 0%

20%

40%

60%

80%

100%


Suffolk County Population & Arrests



20

Felony level defendants in Suffolk County were convicted in 84% of cases across all racial/ethnic

categories. However, Asian defendants were convicted in 89% of felony level cases, while White

defendants (84%), Black defendants (84%) and Hispanic defendants (85%) were convicted slightly less

often.

Misdemeanor level defendants in Suffolk County were convicted in 65% of cases across all

racial/ethnic categories. However, Asian defendants were convicted in 56% of misdemeanor level cases,

while White defendants (65%), Black defendants (64%) and Hispanic defendants (66%) were convicted

more often.

84% 84% 85% 89%

83% 84%

16% 16% 15% 11%

17% 16%

0%

20%

40%

60%

80%

100%


Suffolk County Felony Dispositions

by Race 2011-2013


65% 64% 66%

56% 60%

65%

35% 36% 34%

44% 40%

35%

0%

10%

20%

30%

40%

50%

60%

70%


Suffolk County Misdemeanor Dispositions

by Race 2011-2013


21

WESTCHESTER COUNTY


HONORABLE RUTH HASSELL-THOMPSON

HONORABLE ANDREA STEWART-COUSINS


misdemeanors and felonies in Westchester County. During that same time period, over 26,000

defendants of color were convicted of misdemeanors and felonies.

By contrast, White defendants in Westchester County accounted for over 13,000 felony and



felony and misdemeanor arrest percentage, you can see that while 58% of Westchester County is White,



arrests and 40% of misdemeanor arrests from 2011 thru 2013 within Westchester County. Additionally,

Hispanic residents comprised 22% of the county population but Hispanic defendants represented 29% of

the felony and misdemeanor arrests.

58%

13% 22%

5% 2%

24%

45%

29%

1% 1%

29%

40%

29%

1% 2%

0%

20%

40%

60%

80%

100%


Westchester County Population & Arrests



22

Felony level defendants in Westchester County were convicted in 81% of cases across all

racial/ethnic categories. Interestingly, Black defendants were convicted less often (79%), while White

defendants (83%), Hispanic defendants (83%) and Asian defendants (82%) were convicted slightly more

often.

Misdemeanor level defendants in Westchester County were convicted in 72% of cases across all

racial/ethnic categories. However, Asian defendants were convicted in 63% of misdemeanor level cases,

while White defendants (72%), Black defendants (71%) and Hispanic defendants (72%) were convicted

more often.

83% 79% 83% 82%

78% 81%

17% 21% 17% 18%

22% 19%

0%

15%

30%

45%

60%

75%

90%


Westchester County Felony Dispositions

by Race 2011-2013


72% 71% 72%

63% 71% 72%

28% 29% 28%

37% 29% 28%

0%

20%

40%

60%

80%


Westchester County Misdemeanor Dispositions

by Race 2011-2013


23

ALBANY, COLUMBIA, DELAWARE, GREENE,

OTSEGO, SCHOHARIE & ULSTER COUNTIES


HONORABLE PETER LOPEZ


misdemeanors and felonies in the seven counties within the NYS 102nd

Assembly District. During that

same time period, over 12,000 defendants of color were convicted of misdemeanors and felonies.

There were over 38,000 arrests of White Defendants in both misdemeanor and felony cases

from 2011 thru 2013 in the NYS 102nd

Assembly District, while over 24,000 White defendants were

convicted of misdemeanors and felonies.

ALBANY COUNTY

There were over 12,000 arrests of non-White individuals for misdemeanors and felonies in

Albany County from 2011 thru 2013, while just over 13,000 White defendants were arrested during the

same time period. However, there are only approximately 73,000 non-White residents in Albany County

compared to more than 230,000 White residents.

76%

12% 5% 5% 2%

41% 46%

9% 1% 2%

56%

34%

7% 1% 2%

0%

20%

40%

60%

80%

100%


Albany County Population & Arrests



24

Felony level defendants in Albany County were convicted in 81% of cases across all racial/ethnic

categories. Interestingly, Black defendants were convicted less often (79%), while White defendants

(82%), Hispanic defendants (85%) and Asian defendants (90%) were convicted slightly more often. (Note

there were fewer than 100 Asian defendants during this three year time period.)

Misdemeanor level defendants in Albany County were convicted in 71% of cases across all

racial/ethnic categories and that trend was consistent for White defendants (71%), Black defendants

(71%), and Hispanic defendants (73%). Asian defendants were convicted less than the average at 66%,

however there were just over 100 Asian misdemeanor defendants in three years.

82% 79% 85%

90% 86%

81%

18% 21% 15%

10% 14%

19%

0%

20%

40%

60%

80%

100%


Albany County Felony Dispositions

by Race 2011-2013


71% 71% 73% 66% 68% 71%

29% 29% 27% 34% 32% 29%

0%

20%

40%

60%

80%


Albany County Misdemeanor Dispositions

by Race 2011-2013


25

COLUMBIA COUNTY

There were just over 1,000 arrests of non-White individuals for misdemeanors and felonies in

Columbia County from 2011 thru 2013, while just over 2,900 White defendants were arrested during the

same time period. However, there are only approximately 7,000 non-White residents in Columbia

County compared to more than 55,000 White residents.

88%

4% 4% 2% 2%

67%

25%

7% 0% 1%

75%

18%

5% 1% 2%

0%

20%

40%

60%

80%

100%


Columbia County Population & Arrests



26

Felony level defendants in Columbia County were convicted in 80% of cases across all

racial/ethnic categories. Interestingly, Black defendants were convicted less often (72%), while White

defendants (84%) were convicted slightly more often. (Note: the small number of both Hispanic and

Asian defendants makes any comparison of this data problematic.)

Misdemeanor level defendants in Columbia County were convicted in 68% of cases across all

racial/ethnic categories, with White defendants convicted in 70% of their cases and Black defendants

convicted in 67% of their cases from 2011 thru 2013. (Note: the small number of both Hispanic and

Asian defendants makes any comparison of this data problematic.)

84%

72%

81%

67%

38%

80%

16%

28%

19%

33%

63%

20%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%


Columbia County Felony Dispositions

by Race 2011-2013


70% 65% 67%

71% 66% 68%

30% 35% 33%

29% 34% 32%

0%

20%

40%

60%

80%


Columbia County Misdemeanor Dispositions

by Race 2011-2013


27

DELAWARE COUNTY

There were just over 300 arrests of non-White individuals for misdemeanors and felonies in

Delaware County from 2011 thru 2013, while just over 2,700 White defendants were arrested during the

same time period. However, there are only approximately 3,200 non-White residents in Delaware County


93%

2% 3% 1% 1%

87%

6% 5% 1% 1%

91%

4% 4% 1% 1% 0%

20%

40%

60%

80%

100%


Delaware County Population & Arrests



28

Felony level defendants in Delaware County were convicted in 88% of cases across all

racial/ethnic categories. However, with fewer than 100 combined Black, Hispanic and Asian defendants

convicted of felonies, compared to over 500 White defendants, any comparison of this data is

problematic.

Misdemeanor level defendants in Delaware County were convicted in 74% of cases across all


convicted of felonies, compared to over 1,000 White defendants, any comparison of this data is

problematic.

89%

76%

92%

67% 67%

88%

11%

24%

8%

33% 33%

12%

0%

20%

40%

60%

80%

100%


Delaware County Felony Dispositions

by Race 2011-2013


73%

83% 81% 75% 76% 74%

27%

18% 19% 25% 24% 26%

0%

15%

30%

45%

60%

75%

90%


Delaware County Misdemeanor Dispositions

by Race 2011-2013


29

GREENE COUNTY

There were over 700 arrests of non-White individuals for misdemeanors and felonies in Greene

County from 2011 thru 2013, while over 3,000 White defendants were arrested during the same time

period. However, there are only approximately 6,300 non-White residents in Greene County compared to

more than 42,000 White residents.

87%

6% 5% 1% 2%

78%

13% 7%

0% 1%

82%

11% 5%

0% 2%

0%

20%

40%

60%

80%

100%


Greene County Population & Arrests



30

Felony level defendants in Greene County were convicted in 87% of cases across all racial/ethnic

categories. Interestingly, Black defendants were convicted slightly less often (86%) than White

defendants (88%). However, with fewer than 100 Hispanic or Asian defendants convicted of felonies any

comparison of this data is problematic.

Misdemeanor level defendants in Greene County were convicted in 78% of cases across all

racial/ethnic categories. Interestingly, Black defendants were convicted slightly less often (76%) than

White defendants (78%) and Hispanic defendants (80%) were convicted more often than both. However,

with fewer than 100 Asian defendants convicted of felonies any comparison of this data is problematic.

88% 86% 85%

100%

75%

87%

12% 14% 15%

0%

25%

13%

0%

20%

40%

60%

80%

100%


Greene County Felony Dispositions

by Race 2011-2013


78% 76% 80%

75% 72% 78%

22% 24% 20%

25% 28% 22%

0%

15%

30%

45%

60%

75%

90%


Greene County Misdemeanor Dispositions

by Race 2011-2013


31

OTSEGO COUNTY


Otsego County from 2011 thru 2013, while just over 3,900 White defendants were arrested during the

same time period. However, there are only approximately 4,500 non-White residents in Otsego County


93%

2% 3% 1% 1%

86%

8% 4%

0% 1%

89%

6% 4% 1% 1% 0%

20%

40%

60%

80%

100%


Otsego County Population & Arrests



32

Felony level defendants in Otsego County were convicted in 82% of cases across all racial/ethnic

categories. Interestingly, Black defendants were convicted less often (68%) than White defendants

(83%). With fewer than 100 combined Hispanic and Asian defendants convicted of felonies any

comparison of this data is problematic.

Misdemeanor level defendants in Otsego County were convicted in 84% of cases across all

racial/ethnic categories. Interestingly, Black defendants were convicted slightly less often (80%) than

White defendants (84%). However, with fewer than 100 Hispanic or Asian defendants convicted of

felonies any comparison of this data is problematic.

83%

68%

92% 100% 100%

82%

17%

32%

8% 0% 0%

18%

0%

20%

40%

60%

80%

100%


Otsego County Felony Dispositions

by Race 2011-2013


84% 80%

89% 80%

72%

84%

16% 20%

11% 20%

28%

16%

0%

20%

40%

60%

80%

100%


Otsego County Misdemeanor Dispositions

by Race 2011-2013


33

SCHOHARIE COUNTY


Schoharie County from 2011 thru 2013, while just over 1,700 White defendants were arrested during the

same time period. However, there are only approximately 1,900 non-White residents in Schoharie

County compared to more than 30,000 White residents.

94%

1% 3% 1% 1%

91%

6% 2% 1% 1%

93%

3% 2% 1% 1% 0%

20%

40%

60%

80%

100%


Schoharie County Population & Arrests



34

Felony level defendants in Schoharie County were convicted in 81% of cases across all


convicted of felonies, and only just over 200 White defendants, any comparison of this data is

problematic.

Misdemeanor level defendants in Schoharie County were convicted in 77% of cases across all


convicted of felonies, compared to over 700 White defendants, any comparison of this data is

problematic.

81%

69%

80%

100% 100%

81%

19%

31%

20%

0% 0%

19%

0%

20%

40%

60%

80%

100%


Schoharie County Felony Dispositions

by Race 2011-2013


77% 72% 73% 75%

100%

77%

23% 28% 27% 25%

0%

23%

0%

20%

40%

60%

80%

100%


Schoharie County Misdemeanor Dispositions

by Race 2011-2013


35

ULSTER COUNTY

There were over 4,200 arrests of non-White individuals for misdemeanors and felonies in

Ulster County from 2011 thru 2013, while over 10,000 White defendants were arrested during the same

time period.

82%

5% 9% 2% 3%

64%

25%

10% 0% 1%

73%

16% 9%

1% 1% 0%

20%

40%

60%

80%

100%


Ulster County Population & Arrests



36

Felony level defendants in Ulster County were convicted in 80% of cases across all racial/ethnic

categories, with Black defendants (80%) and White defendants (80%) consistent with that trend.

Interestingly, Hispanic defendants were convicted slightly more often (86%). However, with fewer than

100 Asian defendants convicted of felonies any comparison of this data is problematic.

Misdemeanor level defendants in Ulster County were convicted in 66% of cases across all

racial/ethnic categories, with White and Hispanic defendants both being convicted at 67% while Black

defendants (62%) were convicted less often. However, with fewer than 100 Asian defendants convicted of

misdemeanors any comparison of this data is problematic.

80% 80% 86%

67%

81% 80%

20% 20% 14%

33%

19% 20%

0%

20%

40%

60%

80%

100%


Ulster County Felony Dispositions

by Race 2011-2013


67% 62%

67% 61% 62%

66%

33% 38%

33% 39% 38%

34%

0%

20%

40%

60%

80%


Ulster County Misdemeanor Dispositions

by Race 2011-2013


37

CONCLUSION

The data presented in this report is a preliminary examination of the over-representation of people

of color within New York State’s criminal justice system for the counties whose constituents are

represented by members of the New York State Legislative Caucus of Black, Puerto Rican, Hispanic and

Asian Legislators. Across the state, even in counties where a significant percentage of residents are

people of color, arrest statistics demonstrate that people of color are being arrested at a rate that exceeds

their percentage of the county population. The numbers are staggering: within the past three years,

over 1 million people of color were arrested for felonies and misdemeanors in just the 17 Caucus

Counties. With county level felony conviction rates as high as 88% and county level misdemeanor

conviction rates as high as 84%, once people of color are arrested and their cases proceed to the court

system, there is an overwhelming likelihood that they will be found guilty or induced to plead guilty.

While there are many factors that influence case outcomes – e.g., arrest practices, prosecutorial

charging practices, judicial sentencing practices – public defense providers have a critical role to play by

providing a rigorous defense and safeguarding clients’ constitutional rights. However, this role is

compromised by the patchwork system of county-run public defense in New York State that, as the Kaye

Commission noted, inadequately funds local offices and allows the State to shirk its constitutional

responsibilities.

NYSDA asks Caucus Members to renew the call, made this year on Gideon Day (March 18,

2014), for the State to settle the Hurrell vs. Harring class action lawsuit over the unconstitutionality of the

public defense system and use the occasion for the overhaul of public defense services that the Kaye

Commission recommended and that justice requires now. New York needs a statewide, fully and

adequately state funded public defense system overseen by an Independent Public Defense Commission.

38

APPENDIX: Average Poverty Percentage by Legislative District for the New York State

Legislative Caucus of Black, Puerto Rican, Hispanic and Asian Legislators

New York State Senators Senate District

Average % Below

Poverty w/in District

by Zip Code*

Martin Malavé Dilan (D) Senate District 18 30.2%

Adriano Espaillat (D) Senate District 31 19.0%

Ruth Hassell-Thompson (D) Senate District 36 19.0%

Velmanette Montgomery (D) Senate District 25 24.1%

Kevin S. Parker (D) Senate District 21 19.1%

José R. Peralta (D) Senate District 13 15.4%

Bill Perkins (D) Senate District 30 25.7%

J. Gustavo Rivera (D) Senate District 33 33.0%

John L. Sampson (D) Senate District 19 23.0%

James Sanders, Jr. (D) Senate District 10 17.8%

José M. Serrano (D) Senate District 29 21.4%

Malcolm A. Smith (D) Senate District 14 10.6%

Andrea Stewart-Cousins (D) Senate District 35 8.6%

New York State

Assemblymembers Assembly District

Average % Below

Poverty w/in District

by Zip Code*

Carmen E. Arroyo (D) Assembly District 84 40.2%

Jeffrion L. Aubry (D) Assembly District 35 14.6%

Karim Camara (D) Assembly District 43 21.3%

Victor Pichardo (D) Assembly District 86 33.3%

Barbara M. Clark (D) Assembly District 33 6.6%

Vivian E. Cook (D) Assembly District 32 14.4%

Marcos A. Crespo (D) Assembly District 85 32.9%

Herman D. Farrell, Jr. (D) Assembly District 71 27.2%

David F. Gantt (D) Assembly District 137 33.4%

Carl E. Heastie (D) Assembly District 83 16.1%

Earlene Hooper (D) Assembly District 18 7.7%

Ron Kim (D) Assembly District 40 18.0%

Peter D. Lopez (R) Assembly District 102 11.6%

Maritza Davila (D) Assembly District 53 28.6%

Walter T. Mosley, III (D) Assembly District 57 20.3%

Francisco P. Moya (D) Assembly District 39 18.0%

Félix W. Ortiz (D) Assembly District 51 20.8%

Crystal D. Peoples-Stokes (D) Assembly District 141 25.7%

39

N.Nick Perry (D) Assembly District 58 16.9%

J. Gary Pretlow (D) Assembly District 89 13.5%

Phillip R. Ramos (D) Assembly District 6 5.7%

Jos Rivera (D) Assembly District 78 27.6%

Sam Roberts (D) Assembly District 128 15.4%

Annette M. Robinson (D) Assembly District 56 29.8%

Robert J. Rodriguez (D) Assembly District 68 25.2%

Gabriela Rosa (D) Assembly District 72 24.3%

Nily Rozic (D) Assembly District 25 12.7%

William Scarborough (D) Assembly District 29 11.0%

Luis R. Sepulveda (D) Assembly District 87 23.0%

Michaelle C. Solages (D) Assembly District 22 4.3%

Michele R. Titus (D) Assembly District 31 19.7%

Keith L.T. Wright (D) Assembly District 70 25.3%

New York State TOTAL 12.4%

* - % of All Residents Living Below Poverty Level

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