Ex-Putnam DA Levy accuses Janet DiFiore of mishandling fundraiser cases as Westchester DA

Former Putnam County District Attorney Adam Levy filed an ethics complaint against New York's top judge on Tuesday, alleging both misconduct and a failure to recuse herself from two criminal cases during her tenure as district attorney in a neighboring county.

Levy, the son of famed TV judge Judith "Judy" Sheindlin, said that Chief Judge Janet DiFiore mishandled a juror-tampering probe targeting a Westchester criminal defense attorney tied to DiFiore.

That defense attorney, George Galgano, has described himself as a fundraiser for DiFiore during her bid to win re-election as Westchester County district attorney, according to deposition transcripts filed in a federal lawsuit.

"Complaints such as this are made all the time against people in positions of power, influence and importance, especially public officials," said Lucian Chalfen, a spokesperson for the New York State Unified Court System, in a statement.

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DiFiore, 67, recently announced she would retire from her post as chief judge of the Court of Appeals after almost seven years on the job. She was nominated by then-Gov. Andrew Cuomo in December 2015.

"There is no connection to any complaint and the Chief Judge’s decision to move on in her life," Chalfen added. "Should it become necessary, she will address this, or any other complaint, at the appropriate time and in the appropriate venue."

The complaint against DiFiore is only the latest fallout from a notorious feud between Levy and Donald Smith, the former Putnam County sheriff. The years-long dispute stems from the rape trial of a Romanian national who was Levy's live-in personal trainer. That man was acquitted in 2014 and would later be found dead inside a Dutchess County home in 2020.

But the conflict between Levy and Smith during that case spawned a fearsome political rivalry that would consume local politics over the ensuing years, ensnaring other prominent figures.

Galgano alleged in a federal lawsuit that it was his representation of a prominent Smith supporter that caused Levy to target and harass him. Levy, on the other hand, describes Galgano as an unscrupulous attorney who has managed to evade criminal prosecution.

Two indictments that Levy's office secured against Galgano would later be dismissed. In evaluating the charges, Judge David Zuckerman found "an absence of proof that Galgano was in any way involved in any wrongdoing."

Now, Levy is charging that two other criminal matters in Westchester involving Galgano were improperly dropped at the behest of DiFiore, the district attorney at the time.

The first case, a drug charge brought against Galgano after police said they found dozens of oxycodone pills during a raid of his law office, was dismissed at the request of an assistant district attorney in DiFiore's office. The request for dismissal cast doubt on the candor of Putnam County law enforcement officials who sought the search warrant authorizing the raid.

The second case, an allegation of juror tampering against Galgano, was also not pursued by DiFiore's office. An investigator on the case said in an unrelated deposition that Galgano engaged in "egregious conduct" but acknowledged that prosecutors were "lacking evidence" needed to move forward with any potential prosecution.

Levy wrote to DiFiore in July 2014 requesting her recusal from these matters, given her ties to Galgano. DiFiore responded two days later, informing him that the "non-personal relationships" outlined in his letter were not "a satisfactory basis" for recusal.

In his grievance, Levy is further alleging that DiFiore misrepresented the applicable legal requirements when formulating her decision not to recuse.

Attorney grievances are confidential, and the Grievance Committee for the Ninth Judicial District, which serves Westchester, would not comment on the status of Levy's complaint.

As she prepared to leave office, DiFiore was already facing a separate ethics probe for allegedly interfering in a disciplinary case involving a court officer, Law360 reported last month. That matter was referred to the Commission on Judicial Conduct.

Asher Stockler is a reporter for The Journal News. You can find him on Twitter at @quasiasher or send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.

This article originally appeared on Rockland/Westchester Journal News: Former Putnam district attorney files ethics charge against DiFiore