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The original item was published from 5/12/2015 4:30:56 PM to 5/12/2015 4:31:36 PM.

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District Attorney

Posted on: May 12, 2015

[ARCHIVED] Hit-and-Run Driver Sentence for Fatally Striking 49 year old Under the Influence of Alcohol and Drug

Cosmin Florea, 34, of Baldwin, sentenced today for fatally striking
Donald Mooney and leaving him in the street

MINEOLA, N.Y. – Acting Nassau County District Attorney Madeline Singas announced that a Baldwin man was sentenced today for a drug and alcohol-fueled hit-and-run that resulted in the death of 49-year-old Donald Mooney in August 2014.

Cosmin Florea, 34, was sentenced today by Acting Nassau Supreme Court Justice Helene Gugerty to the maximum sentence of 2-1/3 to seven years in prison.

Florea pleaded guilty in March to Vehicular Manslaughter in the 2nd Degree (a D felony), Leaving the Scene of an Incident Without Reporting (a D felony), two counts of Driving While Intoxicated (an unclassified misdemeanor), and Driving While Ability Impaired by the combined use of Alcohol and Drugs (an unclassified misdemeanor)

"Mr. Mooney was just crossing the street when he was run down and left for dead by an impaired driver who received 2-1/3 to seven years in prison -- the maximum penalty for fleeing that scene," Acting DA Singas said. “Today I join the Mooney family in calling for the Legislature to finally increase the penalties to a maximum of 5 to 15 years for these cases so the law doesn’t work to encourage drivers to leave.”

Acting DA Singas said that on Aug. 15 at 11:57 p.m., Florea was driving a 2010 Ford Fusion when he struck Mooney, of Lynbrook, who was walking across Main Street west of South Bayles Avenue in Port Washington.

Florea left the scene and was later stopped in Queens by P.O. Wayne Kaifler of the New York City Police Department, who observed damage to the vehicle’s windshield. The driver claimed he had hit a deer. At the time of his plea of guilty, the defendant admitted having a .13 BAC and active marijuana in his blood more than three hours after the crash. Florea was arrested by the Port Washington Police Department with the assistance of Detective James DePierro of the Nassau County Police Department.

Mooney was transported to North Shore University Hospital, where he died from his injuries.

Assistant District Attorney Michael Bushwack of Acting DA Singas’ Vehicular Crimes Bureau is prosecuting the case. Florea is represented by Michael DerGarabedian, Esq.

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