Ex-Spring Valley building inspector Walter Booker sentenced in 'corruption case'

NEW CITY - Former Spring Valley building inspector Walter Booker was sentenced this morning to five years probation on his conviction involving the issuance of a false certificate that aided a homeowner operating two childcare operations out of his house.

Booker, 57, also must perform 200 hours of community service as part of the sentence on his Feb. 1 conviction for falsifying building records, filing a false certificate and official misconduct.

County Court Judge Larry Schwartz, who found Booker guilty after a non-jury trial in mid-January, could have sentenced Booker to as much as four years in prison.

Schwartz noted this morning that there was no evidence of Booker benefiting financially from the crimes and the pre-sentence report designated Booker a low-risk to commit a crime in recommending a non-prison sentence.

Executive Assistant District Attorney Richard Kennison Moran urged Schwartz to impose a state prison sentence of one to three years for what Moran called "public corruption." Moran had no comment after sentencing.

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Booker's lawyer, Michael Sussman, said they intend to appeal the conviction. He reiterated his contention that the evidence didn't support the conviction, and that nine of the 12 charges had been dismissed.

"I don't believe this is a case of public corruption," Sussman told Schwartz. "I don't believe he benefited."

In asking for leniency, Sussman told the judge that Booker had no criminal record and his wife has a serious medical condition. The couple have a young son.

Sussman said one of the reasons to appeal is Booker is now saddled with a felony conviction, making it difficult if not impossible for him to get work as a building inspector. Booker worked for 22 years for Spring Valley as an inspector, including years running the department.

Booker declined to speak before sentencing, but he said outside the County Courthouse in New City that he used his judgment to correct an erroneous certificate of occupancy issued by his deputy, Manny Carmona, changing the classification of Jacob Goldman's house to a single-family home, from a two family.

The two family designation allowed Goldman's family to operate two day care facilities at the house and get state funding.

Carmona had changed the designation while Booker fought suspension by the then mayor. Booker approved the two-family classification based on Goldman making changes to the house at 9 Zeissner Lane. In an unrelated event, Spring Valley has suspended Carmona. 

After the trial, Schwartz found the evidence presented by Moran proved Booker backdated a certificate of occupancy that contained a false statement with an intent to defraud other governmental agencies. Booker had issued a certificate on May 22, 2012, but backdated it by almost eight months to Sept. 23, 2011.

Schwartz said Booker's decision benefited Goldman, noting the prosecution didn't accuse Booker of personally benefiting.

Booker, who retired, denied any nefarious action, saying he's pleased not to have been sentenced to prison or jail, but is fighting for his reputation.

"We have to run the course," Booker said of the appeal planned by Sussman. "I've never been in trouble before. I respect the law. I disagree with the interpretation of the law" in this case.

Judge David Zuckerman originally dismissed all criminal charges against Booker in 2016.

Zuckerman ruled Booker could not be accused of helping Goldman steal taxpayer funds because the taxes were never paid. Zuckerman ruled the prosecution failed to show that Booker intended to defraud the government, benefit from the scheme or deprive anyone of a benefit.

But a state Appellate Division panel reinstated some of the felony counts in August 2018 while voiding the most serious felony grand larceny theft counts.

Acting District Attorney Kevin Gilleece has said the change was significant because Goldman was required by the New York State Office of Children and Family Services to have a two-family designation in order to operate two lucrative daycare centers out of his home.

Gilleece said the evidence showed Booker knew of this fact when he backdated the certificate. In May of 2012 state inspectors with Children and Family Services had expressed a concern that 9 Zeissner Lane was in fact a single-family dwelling.

“There's little doubt that the defendant's deliberate actions jeopardized public safety," Gilleece said. "By making false statements, he violated his oath as a village official and violated the trust of the community."

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