Judge Daniel Conviser granted a motion to dismiss the charges against Caller and Ulrich, but declined to dismiss the remaining four bribery counts against Ulrich and other defendants.
The 2023 indictment accused Caller of selling Ulrich a discounted apartment at 133 Beach 116th Street from his company in exchange for helping with a zoning change needed by Marcal Group and expediting inspections at one of its buildings.
The judge cites three main reasons for dismissing the Caller case.
One is that the grand jury did not get an “accurate picture” of the relationship between Ulrich and Caller, the decision said. Ulrich provided lawful assistance to Caller for a number of years, beginning when Ulrich was a city councilman. Had the grand jury known this, the decision states, it would have had to “draw the unlikely conclusion that Caller, after receiving benefits from Ulrich for years, then decided to bribe Ulrich to obtain the same benefits.”
Second, the decision states that it is not clear that Ulrich received a better deal for the apartment than what Caller offered to others. And finally, the indictment alleged that bribery occurred between Dec. 17, 2021, and March 18, 2022, even though conversations between Caller and Ulrich about the apartment did not begin until March 19, 2022, the decision said.
The reasons echo arguments made by Caller’s attorney Ben Brafman, who filed a motion to dismiss the charges last year. At the time, Brafman argued that Ulrich had “legally assisted Caller on his projects for years, without any benefit, payment or compensation.”
In a statement, a spokesperson for the Manhattan District Attorney’s Office said prosecutors “respect” the decision and “will move forward with the four remaining charges.”
Ulrich was hit with five indictments in 2023, accusing him of taking more than $150,000 in bribes, in the form of a painting by a student of Salvador Dalí, Mets season tickets, a custom suit and gambling money.
Mayor Eric Adams appointed Ulrich, previously one of the few Republican city council members, as his DOB commissioner in May 2022. Ulrich resigned six months later after investigators questioned him as part of an investigation into illegal gambling. Ulrich has pleaded not guilty to the charges.
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