Inside the Courthouse: Violations on Hampton Rd., Single Mom Steals Shorts, Lost in Scarsdale

Here's a snapshot of cases that came before the village's Criminal Court during the Jan. 20 session:

Neighborhood eyesore? Violations discussed on Hampton Road.

The homeowner, Miriam Kahn, who is elderly and downsizing to an apartment on Garth Rd., was cited with a number of housing code violations, including sanitation issues, illegal storage, a fallen tree limb creating an unsafe condition and electrical code violations. The summonses were originally brought against the homeowner by Joe Saracino, the assistant building inspector for the village, on June 8.

Here's a bit of the discussion:

Wayne D. Esannason, the village attorney: "There is a non-working car that is sitting on the property. There are several broken windows, and they need to make a significant effort to keep the elements out and keep people from taking advantage of the property."

Homeowner's lawyer: "There are three cracked windows, your honor"

Esannason: "More than three windows are broken."

Homeowner's lawyer: "My client didn't break those windows herself. What about a heightened police watch on the area? Somebody's breaking those windows...Fifty-60 boxes of material have been brought to (storage); case can be adjourned for three weeks..."

Justice John H. Galloway, the criminal court judge: "Is anyone residing in the premises?"

Homeowner's lawyer: "Not at this time...The people who are engaged in packing the boxes and moving the boxes...they can only work when it's relatively good weather. They cannot work when it's below 20 degrees or at night."

Esannason: "We are constantly receiving complaints about the property. We want to make sure we that the area is secure for the neighborhood residents...There is another issue. I understand they were considering selling the premises, but it is not listed for sale not with any broker and not listed on (the multiple listing service.)"

Homeowner's lawyer: "The conditions are such it can essentially only be sold to a builder or developer. There is interest in the house...there is no purpose having it in the MLS [multiple listings service]."

[Galloway asks about the junked vehicle on the property]

Esannason: "The vehicle doesn't have an engine. The vehicle is in total disrepair, it is not functional. According to the (state) Property Maintenance Law that is a violation."

Homeowner's lawyer: "I'm not in agreement at all with Mr. Esannason...We're going to see what progress we can make in the next three weeks."

Esannason: "They get constant complaints."

Homeowner's lawyer: "I strongly suspect there's maybe one neighbor who calls every day."

Galloway: "I'm sure the people in the neighborhood are not pleased with this abandoned home."

Homeowner's lawyer: "It's not an abandoned home, judge"

Galloway: "It's unfit for habitation with no water or heat...None of us would want to be next to such a situation. This is not in a field or the mountains — it's in a crowded neighborhood."

Homeowner's lawyer: "It is actually not an eyesore, and none of the problems manifest themselves. We intend to make great strides."

The case returns Feb. 10 at noon.

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Lost in Scarsdale: Resident seeks order of protection
An order of protection was requested by a Ramsey Road resident and granted against Bo Yang Zhen, 52, of New York City, after Zhen allegedly walked into the resident's home after getting lost and began acting erratically.

According to the case file, on Nov. 23 Zhen was lost in Scarsdale. He saw an open front door. Household help shouted for him to leave, shutting the door on him, and he started kicking it, ripping off a mezuzah, a religious item for the door inscribed with verses from the Torah.

When police arrived, Zhen fought with them, according to the court, which prompted a charge of resisting arrest. He was supposed to be on medication but wasn't taking it at the time of the incident.The judge said between sessions that Zhen was obviously disoriented. It was at night and they had to get a man who spoke Cantonese come over from the Chop Stix restaurant on Garth Road to translate. 

Zhen was trying to return to the city from Pennsylvania and had no idea where he was. 

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Single mom, stolen goods
A 25-year-old from the Bronx, Georgia Farquharson, faces a charge of petty larcey, a misdemeanor. She was arrested for stealing $1,000 worth of leather goods from the Boniface Circle LF Store on Jan. 14, including two pairs of leather shorts.

According to the court, she has been arrested for stealing before, in Manhattan, White Plains, Greenburgh, midtown and upstate.

She initially pleaded not guilty. The fact she is a single mom with two young children came up in court.

"She came all the way up here (to answer the charge)—that's something," the judge said. And then to her: "Obviously this is very important to you—that counts in your favor."

She returns Feb. 24. 

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Driver accused of DWI had three suspensions 

Vincent Badalamente, 46, of Harrison, is charged with felony driving while intoxicated, misdemeanor aggravated unlicensed operation, as well as leaving the scene of a property damage accident.

On Jan. 9, Badalamente got into an accident at 10:30 a.m. on the Hutchinson River Parkway and Mamaroneck Road. Driving with a suspended license, Badalamente was awaiting police when they smelled alcohol on this breath. His driving record contained more than three suspensions in the past.

He is back in court next Wednesday.

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Court appearance for county officer in DWI case
There was a preview for Officer Joseph Kraus, the 35-year-old Weschester County police officer who was charged with drunken driving following a Dec. 27 accident in which he hit and injured Scarsdale Police Officer Jessica Knatz.

Knatz was on duty at the time, driving in her police cruiser. She was hospitalized with severe injuries for several days.

Kraus, off-duty at the time, pleaded not guilty earlier this month and turned over his driver's license to the court. He refused to submit to a chemical test to measure his blood-alcohol level. 

He is back in court next Wednesday at 9:30 a.m.