Assemblyman Zebrowski, District Attorney Zugibe, and Susan Bernstein, Announce Legislation to Strengthen Conspiracy to Commit Murder Sentence

The bill would elevate the crime of conspiracy to commit murder in the second degree from a non-violent class B felony to a violent felony

Assemblyman Ken Zebrowski (D-New City), Rockland County District Attorney Tom Zugibe, and Rockland resident Susan Bernstein announced today legislation to strengthen the penalties for conspiracy to commit murder (A.9948). Currently, conspiracy to commit murder in the second degree is classified as a non-violent class B felony. Assemblyman Zebrowski’s bill would elevate the crime to a class B violent felony. The new designation would recognize the severity of the crime by providing longer sentencing and would put conspiracy parallel to attempted murder, which is already a violent felony. This legislation is in response to a 2016 case in Rockland where Susan Bernstein was a victim of conspiracy to commit murder when her estranged husband, Ira Bernstein, and his girlfriend, Kelly Gribeluk, plotted to have her killed.

“The nightmare that Susan and her family have been through is unimaginable, and the thought that this person may be out of prison in only a handful of years only makes this situation even more traumatic. This bill is a common-sense measure that recognizes conspiracy to commit murder as what it very much is: a violent crime. When it comes to people’s lives, there is very little difference between conspiring and attempting murder. This legislation will make the two parallel in the eyes of the law,” said Assemblyman Zebrowski.

In 2016, Susan Bernstein became a victim of conspiracy to commit murder after her estranged husband, Dr. Ira Bernstein and his girlfriend, Kelly Gribeluk were arrested after a month long investigation that proved the couple was plotting to kill her. The two offered to pay a local businessman who they thought was a hit man $100,000 to have a driver run down Susan, making her death look accidental. The businessman then went to the police and worked as an informant as officials built a strong case that included audiotapes, wiretapped telephone conversations, video, and the exchange of money on several different occasions. Bernstein and his wife were in the middle of getting a divorce and the plan to kill her is thought to have been for financial gain. In May 2017, Bernstein was sentenced to five to 15 years in prison and Gribeluk was sentenced four to 12 years in prison.

Zebrowski’s legislation properly classifies conspiracy to commit murder as a violent felony, and as a result, ensures that offenders receive a determinant, or fixed sentence. Most New York State non-violent felonies provide for indeterminate sentences. Currently, conspiracy in the second degree has a range of sentencing from a minimum of only 1-8¼ years to a maximum of 25 years and the maximum can be no longer than three times the minimum. Conspiring to commit murder requires explicit action by the conspirator, and if successful, would result in an individual’s death. This type of act is parallel to attempted murder, which is already classified as a violent felony and provides a minimum 5 to 25 year sentence. The legislation simply recognizes conspiracy to commit murder as a serious, violent crime, and appropriately provides for longer sentencing.

"I call upon the Legislature to recognize that criminal plots to kill are not just Hollywood storylines. Conspiracy to commit murder is an extremely serious charge. Those who attempt such conduct must face strong laws and tough penalties. I look forward to working with Assemblyman Zebrowski to build strong bi-partisan support for this measure," said Rockland County District Attorney Thomas Zugibe.

"I would like to thank Assemblyman Zebrowski, his staff and all the citizens who support this extremely important bill. This bill enables the State of New York to follow suit with dozens of other states and the federal courts that label attempted murder a violent crime. What Ira Bernstein did and tried to do to me and my children is a horrific violent crime and for New York to have recognized this as non-violent up until this point is tragic. As a victim to this type of crime it is beyond appalling that he and other criminals can be in prison for only a handful of years for a guilty charge of attempted murder. With the passage of this bill, future victims will not have to worry that the person who tried to murder them can get out in a just a couple of years. Hopefully, this increased sentence will also stop criminals from plotting murder in the first place. What a difference this bill will make for our citizens,” concluded Susan Bernstein.