Rye Court Releases Limited Info on Sordid Case; Withholds Police Report

Early Friday afternoon, Rye City Court provided information about the specific charges pending against former Rye Colony Apartments superintendent Kutjim Nicaj. Nicaj was arrested on February 9 and last appeared in Rye City Court on Tuesday, February 14. On Tuesday, Nicaj appeared with counsel and was released after posting $100,000 bail; his next court date is Tuesday, March 6.

Rye Patch was not permitted access to the police report from the initial incident. Lt. Joseph Verille explained by email: "This report along with any and all records have been ordered confidential by Judge Latwin, Rye City Court and shall not be made available for public inspection pursuant to civil rights law, Section 50 (b)."

After a FOIL request, the Rye City Court clerk contacted Rye Patch to provide some information related to the alleged incident and pending charges. Details of the case have been sealed to protect the identities of the parties involved. The alleged incident occurred on the afternoon of Wednesday, February 8 and does involve a dog, according to court documents. 

According to the court clerk's office, two charges have been entered by the Westchester County District Attorney's Office against Nicaj: one felony count of burglary, second degree and one misdemeanor count of sexual misconduct. 

New York is one of 14 states that categorizes sexual contact with an animal as a misdemeanor, according to the Animal Legal and Historical Center of Michigan State University College of Law. As of 2010, thirty states have laws prohibiting sexual contact with an animal.

The New York Penal Code defines burglary, second degree [140.25] as follows: 

A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with explosives or a deadly weapon; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the immediate use of a dangerous instrument; or (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony.

The New York Penal Code defines sexual misconduct [130.20(3)] as follows:

A person is guilty of sexual misconduct when: 1. He or she engages in sexual intercourse with another person without such person's consent; or 2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or 3. He or she engages in sexual conduct with an animal or a dead human body. Sexual misconduct is a class A misdemeanor.