Judge denies bid by Kings Point man to dismiss accusations he stole 2 Harlem brownstones

A Manhattan court on Monday denied a motion to dismiss criminal charges against a Kings Point man accused of using falsified documents to steal two Harlem brownstones worth more than $4.7 million, New York State Attorney General Letitia James said.

An elderly woman whose $2.9 million home was stolen by Joseph Makhani was forced to move into a homeless shelter, James said. Makhani, 61, also tried to evict tenants from the other building through false documents, according to the attorney general.

“Deed theft is a shameful crime that robs New Yorkers of their most important assets – their homes,” James said Monday in a statement. “Our case charges Joseph Makhani for his alleged schemes targeting vulnerable homeowners. Today’s ruling ensures my office can continue our case against him and seek justice.”

Makhani pleaded not guilty to two counts of criminal possession of stolen property and one count of first-degree scheme to defraud after he was indicted in July 2023.

Makhani’s attorney, Gedalia M. Stern of Manhattan, said Makhani and his defense team were disappointed with the ruling by acting New York County Supreme Court Justice Michele Rodney.

“Mr. Makhani is looking forward to his day in court, where we are confident the jury will exonerate him,” Stern said.

Makhani was arrested and indicted on the same crimes in 2021, but the charges were dismissed after an appeals court ruled James lacked jurisdiction in the case because it had not been referred to her office from a state agency. New York State Police later forwarded a referral to the AG’s office that led to the second indictment, a spokesman for James’ office said.

A state law establishing deed theft as a crime and expanding the attorney general’s authority to prosecute deed theft went into effect on July 19. The legislation amended the statute of limitations to give homeowners and prosecutors more time to pursue cases, and gave the attorney general’s office original jurisdiction to prosecute deed theft.

If convicted, Makhani faces between 8⅓ to 25 years in state prison.

Makhani’s defense team unsuccessfully argued in a motion to dismiss that the evidence was insufficient to bring charges, the statute of limitations had expired and that the attorney general’s office had unreasonably delayed their prosecution. Rodney also rejected assertions that prosecutors improperly relied on evidence gathered during his first grand jury investigation.

In 2012, prosecutors allege, Makhani stole brownstones on West 118th Street and West 135th Street in Harlem through a scheme involving shell companies and forged and falsified documents. The defendant claimed he paid just $10 for each home, but the properties were worth an estimated total of over $4.7 million.

Makhani rented apartments in the building on West 118th Street for about $3,000 and $3,400 per month, allowing him to collect a monthly rent income of more than $12,000. The elderly owner never received any money from Makhani and was living in a homeless shelter when the second indictment was unsealed last year, James said.

Around 2012, Makhani approached one of the tenants of the property on West 135th Street, told them that he had purchased the brownstone, and allegedly got the man’s signature by pretending to offer him a job.

Makhani filed a new deed with that tenant’s forged signature, misrepresenting the tenant as the owner. Makhani then transferred the brownstone to a company he controlled, the attorney general said.

Makhani’s ownership of the West 135th brownstone and the deed was questioned in eviction cases brought by his company against the tenants. Makhani filed a new fraudulent deed, according to James, that said the heirs of the last recorded owner transferred the property to his company.

The city housing and development agency sued Makhani in 2013, and later obtained a more than $1 million judgment for his failure to appropriately maintain the brownstone. Makhani abandoned the property, which was then foreclosed on by the city, James said.