A state Supreme Courtroom choose on Friday dismissed bribery and different costs towards Marcal Group’s Mark Caller, throwing out one among 5 indictments accusing former Division of Buildings’ Commissioner Eric Ulrich of utilizing place in change for varied perks.
Decide Daniel Conviser granted a movement to dismiss the indictment towards Caller and Ulrich, however declined to dismiss the remaining 4 bribery instances towards Ulrich and different defendants.
The 2023 indictment accused Caller of promoting Ulrich a reduced residence at his firm’s 133 Seaside 116th Avenue, in change for assistance on a zoning change Marcal Group wanted and expediting inspections at one among his buildings.
The choose cites three key causes for dismissing the Caller case.
One is that the grand jury wasn’t offered with an “correct image” of Ulrich and Caller’s relationship, the choice states. Ulrich supplied lawful help to Caller for a variety of years, beginning when Ulrich was a Metropolis Council member. If the grand jury knew this, the choice argues, it might have needed to “draw the implausible conclusion that, after getting advantages from Ulrich for a number of years, Caller then determined to bribe Ulrich to get the identical advantages.”
Secondly, the choice argues that it isn’t clear that Ulrich acquired a greater deal on the residence than what Caller supplied others. And at last, the indictment alleged that bribery befell between December 17, 2021, and March 18, 2022, despite the fact that conversations between Caller and Ulrich concerning the residence didn’t start till March 19, 2022, the choice states.
The explanations echo arguments made by Caller’s lawyer Ben Brafman, who filed a movement to dismiss the indictment last year. On the time, Brafman argued that Ulrich had “been legally serving to Caller for years on his initiatives with none profit, fee or remuneration.”
In an announcement, a spokesperson for the Manhattan District Lawyer’s Workplace mentioned prosecutors “respect” the choice and “will proceed with the 4 remaining indictments.”
Ulrich was hit with 5 indictments in 2023, accusing him of accepting greater than $150,000 in bribes, which took the type of a portray by an apprentice of Salvador Dalí, Mets season tickets, a customized swimsuit and money for playing.
Mayor Eric Adams tapped Ulrich, previously one of many few Republican Metropolis Council members, as his DOB commissioner in Might 2022. Ulrich resigned six months later after investigators questioned him as a part of a probe into unlawful playing. Ulrich has pleaded not responsible to the cost.
Learn extra
Ex-buildings commissioner, developer charged in bribery case
NYC buildings chief resigns amid gambling probe
