Masri attempted assault conviction overturned

Adam Lidgett

The New York State Supreme Court Appellate Division has overturned the conviction of Sasha Masri, a Saddle Rock resident and former candidate for trustee who was found guilty of a misdemeanor charge of attempted assault against Saddle Rock Mayor Dan Levy, according to court documents filed on Jan. 28.

The Appellate Division ruled that the Supreme Court should not have accepted Nassau County prosecutors’ request to consider the misdemeanor charge without also considering four other charges files against Masri including felony assault with intent to cause physical injury with a weapon.

“Contrary to the People’s contention, there is no reasonable view of the evidence that the defendant attempted to assault the complainant, but was unsuccessful in doing so,” the decision said.

Masri, who unsuccessfully ran for Village of Saddle Rock trustee, was sentenced in August 2013 to serve a year of probation after being found guilty of attempted assault in July 2013.

Shams Tarek of the Nassau County District Attorney’s office said the DA’s office is considering its options in responding to the court’s decision.

Prosecutors said at Masri’s trial that after an October 2012 Village of Saddle Rock Board of Trustees meeting Masri caused deep lacerations to Levy’s head and fractures to Levy’s shoulders after a physical confrontation.

The confrontation began when Masri approached village Trustee David Schwartz after the meeting, to ask him about an outgoing audit of village finances.

Witnesses said that after Marsi made his request, Levy – who considered Masri a disruptive presence at village meetings –  began to belittle Masri, and the two started to swear at each other.

Differing accounts in arguments made by defense attorney Robert McDonald and Assistant District Attorney Christine Geier’s say Masri either slapped Levy with an open hand or punched Levy in the face with keys in his hand.

The defense said Levy was motivated by anger and a desire to discredit Masri, and that Levy’s injuries were not a result of Masri’s initial blow. But prosecutors cited medical testimony from the surgeon who treated Levy to show his injuries came from a sharp object, such as Masri’s keys.

Levy pleaded the Fifth Amendment when asked about the village’s finances during the trial.

Efforts to reach Masri and Levy were unavailing.  

The trial brought to light documents showing auditors were concerned about some of the Village of Saddle Rock’s financial packages, including Levy’s cashing of village checks written out to a contractor owned by a personal friend.  

The auditing firm Satty, Levine and Ciacco prepared an audit of the village’s finances for the fiscal year ending in February 2012. The firm sent a memorandum to the village highlighting missing invoices, questionable charges on the village gas card, an unaccounted purchase of a laptop and checks to a contractor personally cashed by Levy as issues.

A Nassau County District Attorney’s investigation into the village’s finances determined in January 2014 that Levy committed no criminal wrongdoing in his handling of the village’s finances.

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