Former assemblywoman sentenced to year in jail over sham marriage

A former Washington Heights assemblywoman was sentenced to a year in jail Friday for participating in a sham marriage that allowed her to become a US citizen.

Manhattan federal Judge Denise Cote scolded a sobbing Gabriela Rosa — the first Dominican-born woman ever to be elected to the state Assembly — as she issued the jail sentence, saying she didn’t buy Rosa’s claims of breaking the law to follow “the American dream.”

Cote also said Rosa’s actions are “really a disservice to all the immigrants who actually try to follow the law and gain citizenship.”

Rosa expressed shock over the sentence to more than 50 supporters who were bused to the courthouse to lend support. She shook her head in disbelief, wiping her tears and hugging many of her supporters.

“We’re obviously disappointed by the judge’s sentence — especially for the sake of her child,” her lawyer, Richard Rosenberg, said afterward, referring to Rosa’s mentally challenged 16-year-old son.

Her supporters acted as human shields, protecting her from reporters as she exited the courthouse and fled in a yellow cab. They chanted “Gabriella Rosa, viva nacional!” repeatedly in support.

Mayhem ensued outside the courthouse after Rosa’s sentencing.Stefan Jeremiah

Her lawyers had sought a probationary sentence for Rosa, saying she committed the crime out of love for the US and her current husband — an ex-con.

However, Cote sided with prosecutors, who said Rosa, 47, deserved 12 to 18 months in jail.

Cote also wasn’t moved by Rosa’s request to surrender after the winter holidays, so she could spend them with her family.

“Request denied,” said Cote sternly, ordering Rosa to report to prison by Nov. 14.

Rosa paid $8,000 in 1996 to a US citizen to engage in the fraudulent nuptials while she maintained a romantic relationship with another man. She claimed the sham marriage was out of “desperation” to not be separated from the man she really loved, Victor Estrella.

The feds say Estrella, a convicted drug dealer and a fellow Dominican native, wasn’t a US citizen at that time.

Rosa and Estrella are now married and share a son.

Rosa also pleaded guilty in June to making false statements in a 2009 personal-bankruptcy filing. She failed to include Estrella’s earning and omitted her ownership of a co-op apartment.

The ex-pol’s sentence includes three years of supervised release after she gets out of prison. She must also pay $19,652 in restitution.

In a bid for leniency, Rosa’s lawyers tried to compare her path to late-19th-century author Horatio Alger, who became famous for his tales of youngsters who rise out of poverty to great success.

Rosa, who once worked as a legislative aide to Assemblyman Herman “Denny” Farrell, became a US citizen in 2005.

Her resignation was part of the plea deal, and she is banned from ever again seeking office in the United States. The feds have said that despite the fraud, they now consider Rosa a US citizen and will not deport her to her native Dominican Republic.