We hope it never happens again that a person charged with three counts of first-degree rape receives a sentence of 40 hours of community service.
Below is the victim impact statement that the judge, Elizabeth Niki Warin, said was "inappropriate." Also below is the original list of charges against Amr Kandil. And at this website, we also provide a redacted copy of the police report that the victim made when Mr. Kandil threatened to cut her throat in Judge Warin's courtroom.
Good Morning, your Honor. Thank you for the opportunity to make this victim impact statement.
The indictment charges the Defendant with 46 crimes – 30 felonies and 16 misdemeanors.
Because the Defendant was charged with a violent class B felony, CPL 220.10 requires that any plea agreement include a plea of guilty to a felony – at least a class D felony.
He plead guilty to one misdemeanor and one violation. I'm devastated. The plea is unacceptable both because the plea violates the law and because the plea fails to hold the Defendant accountable for what he did to me.
I ask the Court to reject this plea bargain and take the case to trial because the Defendant must be held accountable for what he did to me.
He raped me. He raped me three times. He raped me three times in violation of active orders of protection.
He robbed me. He beat me. He threatened me with knives and scissors. He strangled me. He suffocated me. He threatened to murder me. He threatened to cut my throat in this court room. He threatened me in this courtroom.
He committed all of these crimes in violation of orders of protection. He stalked me. He tried to bribe me drop the charges. He tried to kidnap me. He told me that he paid someone $25,000 to kill me because I refused to drop the charges. This occurred while he was out on bail.
These facts need to be tried. Please take this case to trial, your Honor.
The Defendant has not taken any responsibility for what he did to me. Please take the case to trial and hold the Defendant accountable for what he did to me.
I was his wife. I loved him. And look what he did to me. He raped the hell out of me!
Why do we have laws? Why do judges issue orders? Is the law just good advice? Or are we expected to obey the law?
If the Court accepts this plea agreement, then there is no incentive to obey the law.
If this Court ignores the law, then everybody can ignore the law.
As part of the plea agreement, the Defendant would get 40 hours of community service. That's a benefit, not a punishment. 40 hours of community service is diabolically lenient. It's unconscionable.
If this Court ignores the Defendant's violations of the Courts' orders of protection, then everybody can ignore a court's order of protection.
I need more than an order of protection. I need justice.
The Defendant needs to spend a long time in prison, thinking about the heinous crimes that he committed against me.
I'm not afraid to go to trial. I'm not afraid to testify. I'm not afraid to tell the truth.
Please reject the plea bargain, your Honor. Please take the case to trial. Please hold the Defendant accountable for what he did to me.
Amr Kandil is a danger to society. Please hold him accountable, so that he cannot rape me again or harm anybody else.
Thank you for considering this request.
Case Information – prior to plea bargain (May 7, 2025)
Court: Kings Supreme Criminal Court (State of New York)
Case #: IND-70188-24/001
Defendant: Kandil, Amr
Charge | Detail | Disposition/Sentence |
---|---|---|
PL 215.50 03
|
AM
,
1 count,
Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
40
|
Arraigned, Pled Not Guilty |
PL 130.25 03
|
EF
,
1 count,
Arrest Charge
Rape3:no Cnsnt-victm Not Incap
Count
5
|
Arraigned, Pled Not Guilty |
PL 130.35 01
** TOP CHARGE ** |
BF
,
1 count,
Arrest Charge
Rape-1st:forcible Compulsion
Count
1
|
Arraigned, Pled Not Guilty |
PL 130.52 01
|
AM
,
1 count,
Arrest Charge
Forcible Touch- Intimate Parts
Count
16
|
Arraigned, Pled Not Guilty |
PL 130.65 01
|
DF
,
1 count,
Arrest Charge
Sx Abuse 1st:forcible Compulsn
Count
8
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Arrest Charge
Crim Contempt-1st:phy Contact
Count
31
|
Arraigned, Pled Not Guilty |
PL 130.35 01
|
BF
,
1 count,
Arrest Charge
Rape-1st:forcible Compulsion
Count
2
|
Arraigned, Pled Not Guilty |
PL 130.25 03
|
EF
,
1 count,
Arrest Charge
Rape3:no Cnsnt-victm Not Incap
Count
4
|
Arraigned, Pled Not Guilty |
PL 130.55
|
BM
,
1 count,
Arrest Charge
Sexual Abuse-3rd
Count
10
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Arrest Charge
Crim Contempt-1st:phy Contact
Count
32
|
Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
41
|
Arraigned, Pled Not Guilty |
PL 130.65 01
|
DF
,
1 count,
Arrest Charge
Sx Abuse 1st:forcible Compulsn
Count
7
|
Arraigned, Pled Not Guilty |
PL 130.35 01
|
BF
,
1 count,
Not an Arrest Charge
Rape-1st:forcible Compulsion
Count
3
|
Arraigned, Pled Not Guilty |
PL 130.25 03
|
EF
,
1 count,
Not an Arrest Charge
Rape3:no Cnsnt-victm Not Incap
Count
6
|
Arraigned, Pled Not Guilty |
PL 130.65 01
|
DF
,
1 count,
Not an Arrest Charge
Sx Abuse 1st:forcible Compulsn
Count
9
|
Arraigned, Pled Not Guilty |
PL 130.55
|
BM
,
1 count,
Not an Arrest Charge
Sexual Abuse-3rd
Count
11
|
Arraigned, Pled Not Guilty |
PL 130.55
|
BM
,
1 count,
Not an Arrest Charge
Sexual Abuse-3rd
Count
12
|
Arraigned, Pled Not Guilty |
PL 130.20 01
|
AM
,
1 count,
Not an Arrest Charge
Sexual Misconduct
Count
13
|
Arraigned, Pled Not Guilty |
PL 130.20 01
|
AM
,
1 count,
Not an Arrest Charge
Sexual Misconduct
Count
14
|
Arraigned, Pled Not Guilty |
PL 130.20 01
|
AM
,
1 count,
Not an Arrest Charge
Sexual Misconduct
Count
15
|
Arraigned, Pled Not Guilty |
PL 130.52 01
|
AM
,
1 count,
Not an Arrest Charge
Forcible Touch- Intimate Parts
Count
17
|
Arraigned, Pled Not Guilty |
PL 130.52 01
|
AM
,
1 count,
Not an Arrest Charge
Forcible Touch- Intimate Parts
Count
18
|
Arraigned, Pled Not Guilty |
PL 140.25 02
|
CF
,
1 count,
Not an Arrest Charge
Burglary 2nd- Dwelling
Count
19
|
Arraigned, Pled Not Guilty |
PL 140.25 02
|
CF
,
1 count,
Not an Arrest Charge
Burglary 2nd- Dwelling
Count
20
|
Arraigned, Pled Not Guilty |
PL 140.25 02
|
CF
,
1 count,
Not an Arrest Charge
Burglary 2nd- Dwelling
Count
21
|
Arraigned, Pled Not Guilty |
PL 140.25 02
|
CF
,
1 count,
Not an Arrest Charge
Burglary 2nd- Dwelling
Count
22
|
Arraigned, Pled Not Guilty |
PL 140.25 02
|
CF
,
1 count,
Not an Arrest Charge
Burglary 2nd- Dwelling
Count
23
|
Arraigned, Pled Not Guilty |
PL 140.20
|
DF
,
1 count,
Not an Arrest Charge
Burg-3:illeg Entry With Intent
Count
24
|
Arraigned, Pled Not Guilty |
PL 140.20
|
DF
,
1 count,
Not an Arrest Charge
Burg-3:illeg Entry With Intent
Count
25
|
Arraigned, Pled Not Guilty |
PL 140.20
|
DF
,
1 count,
Not an Arrest Charge
Burg-3:illeg Entry With Intent
Count
26
|
Arraigned, Pled Not Guilty |
PL 140.20
|
DF
,
1 count,
Not an Arrest Charge
Burg-3:illeg Entry With Intent
Count
27
|
Arraigned, Pled Not Guilty |
PL 140.20
|
DF
,
1 count,
Not an Arrest Charge
Burg-3:illeg Entry With Intent
Count
28
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Not an Arrest Charge
Crim Contempt-1st:phy Contact
Count
29
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Not an Arrest Charge
Crim Contempt-1st:phy Contact
Count
30
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Not an Arrest Charge
Crim Contempt-1st:phy Contact
Count
33
|
Arraigned, Pled Not Guilty |
PL 215.51 BV
|
EF
,
1 count,
Not an Arrest Charge
Crim Contempt-1st:phy Contact
Count
34
|
Arraigned, Pled Not Guilty |
PL 215.51 BI
|
EF
,
1 count,
Not an Arrest Charge
Criminal Contempt-1st: Weapon
Count
35
|
Arraigned, Pled Not Guilty |
PL 215.51 BI
|
EF
,
1 count,
Not an Arrest Charge
Criminal Contempt-1st: Weapon
Count
36
|
Dismissed With Leave To Re-present (cpl 210.20(4)), Arraigned, Pled Not Guilty |
PL 215.51 BI
|
EF
,
1 count,
Not an Arrest Charge
Criminal Contempt-1st: Weapon
Count
37
|
Dismissed With Leave To Re-present (cpl 210.20(4)), Arraigned, Pled Not Guilty |
PL 215.51 BI
|
EF
,
1 count,
Not an Arrest Charge
Criminal Contempt-1st: Weapon
Count
38
|
Arraigned, Pled Not Guilty |
PL 215.51 BI
|
EF
,
1 count,
Not an Arrest Charge
Criminal Contempt-1st: Weapon
Count
39
|
Dismissed With Leave To Re-present (cpl 210.20(4)), Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Not an Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
42
|
Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Not an Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
43
|
Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Not an Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
44
|
Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Not an Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
45
|
Arraigned, Pled Not Guilty |
PL 215.50 03
|
AM
,
1 count,
Not an Arrest Charge
Crim Contempt-2nd:disobey Crt
Count
46
|
Arraigned, Pled Not Guilty |
We hope it never happens again that a person charged with three counts of first-degree rape receives a sentence of 40 hours of community service.
The information presented above is based on the following documents:
We urge readers to write to judges, prosecutors and defense attorneys and remind them that when a defendant is charged with a violent class B felony, CPL 220.10 requires that any plea agreement include a plea of guilty to, at the least, a class D felony.
Please write to them because we hope to never again see such an unconscionable plea bargain.
And if you have any questions for the author of this website, you may also write to: hopeful@hopefulinbrooklyn.org.