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DATE:   July 18, 2017
SUBJECT:  HANS APELLES PLEA
Hans Apelles, age 19, of Wallkill, New York, pled guilty to the felony of Burglary in the Second Degree in connection with entering a residence through a window on February 8, 2017, in the Town of Shawangunk and stealing two loaded firearms, among other items.  He then sold the firearms for heroin.  Apelles is due to be sentenced on September 20, 2017 and faces 10 years in state prison.
Apelles was familiar with the family he burglarized, who had actually tried to help him with his addiction.  This is a classic and sad example of one of the two things that heroin addiction leads to.  The other is death.
The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Bryan Rounds.

Press Release - Gerald Babcock Appeal

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TO:       ALL NEWS MEDIA
FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     JULY 20, 2017



The Appellate Division, Third Department has today unanimously affirmed the December 20, 2013 conviction of Gerald Babcock of manslaughter in the first degree, a class B violent felony.

The victim of the crime was defendant’s fiancée, age 36, who suffered from multiple sclerosis. On the morning of March 6, 2013, the defendant beat her about the head causing severe head trauma, brain swelling and two large subdural hematomas, strangled her, and then dragged her outside into the freezing Winter weather, down a set of stairs where he left her, barely conscious and hardly breathing, to die.  The victim died the following day from multiple blunt force injuries and strangulation. 

Following his conviction of manslaughter in the first degree, the defendant was sentenced by County Court Judge Donald A. Williams to a 25 year sentence to be followed by five years of postrelease supervision. 

On appeal, the defendant challenged the Court’s pretrial ruling which allowed evidence of his prior bad acts of domestic violence against the victim.  In addition, the defendant argued that the verdict, particularly with respect to the element of intent, was against the weight of the evidence, that the Court’s imposition of the maximum sentence was unduly harsh and excessive and that County Court erred when it failed to instruct five courtroom spectators, who were wearing purple ribbons that signified their opposition to domestic violence, to remove their ribbons.  Each of these claims, however, were addressed at length by the Appellate Division, Third Department and ultimately rejected. 
    
On appeal, the defendant is represented by Neal D. Futerfas, Esq. of White Plains, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Darren Olympia Plea

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FROM: HOLLEY CARNRIGHT
DATE: JULY 24, 2017
RE: PRESS RELEASE – DARREN OLYMPIA PLEA
________________________________________________________________
ARMED GUARD PLEADS GUILTY TO INDICTMENT FOR RECKLESS ASSAULT OF FEMALE FRIEND IN MARLBORO

On July 21, 2017, in Ulster County Court, with both his family and the victim’s family present, Darren Olympia pleaded guilty to Assault in the second degree forrecklessly shooting a female friend in the face on February 26.  The incident took place in the Town of Marlboro.

Following a night of drinking Olympia, who had recently been certified and licensed for a handgun as an Armed Guard, for no justifiable reason produced his loaded pistol. A short time later he unintentionally caused the gun to discharge. The bullet struck the victim’s forehead who suffered extensive injuries to her forehead and face and has undergone several surgeries and reconstructive procedures to save her life. 

Sentencing is scheduled for September 21 in Ulster County Court.

Darren Olympia is represented by attorney William Garvin of Newburgh. Sr. Assistant District Attorney Emmanuel Nneji is prosecuting the case.

Press Release - Daniel K. Poole Plea

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FROM: HOLLEY CARNRIGHT
DATE: JULY 25, 2017
RE: PRESS RELEASE -
DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  MARYLAND MAN PLEADS GUILTY TO CRIMINAL SEXUAL ACT AND STATUTORY RAPE OF CHILD HE MET ONLINE

Daniel K. Poole, 49, of 135 Remington Road, Port Deposit Maryland, pled guilty on Tuesday, July 25, 2017, in Ulster County Court to Criminal Sexual Act in the Second Degree, a Class “D” violent felony and Rape in the Third Degree, a Class “E” felony.

 Poole admitted that in June of 2016, he engaged in oral sex with a fourteen year old child in Ulster County.  He further admitted that in October of 2016, he returned to Ulster County and engaged in sexual intercourse with that same child.

The plea follows an investigation by the Ulster County Sheriff’s Office with guidance from the Ulster County District Attorney’s Office.  The investigation commenced on January 25, 2017, when officers were participating in K9 training exercises at a location in Rifton, within the Town of Esopus.  Officers observed suspicious activity which ultimately led to the discovery that Poole was there to meet a minor, as he had done in the past.  It was later determined that Poole had initially met the minor online and had been engaging in inappropriate exchanges with the minor online for almost one year.  He had also traveled to New York on several occasions to engage in sexual acts with the child knowing that the child was underage. 

Special Victims Bureau Chief Katherine R. Van Loan spearheaded the investigation and is handling the prosecution for the Ulster County District Attorney’s Office.  Sentencing is scheduled for October 4, 2017.  The defendant faces up to eleven years on state prison followed by up to ten years of post-release supervision.  He will also be required to register for a minimum of twenty years following his release from prison under the New York State Sexual Offender Registration Act.  A new temporary “No Contact” Order of Protection was issued and will remain in effect until the time of sentence or January 25, 2018, whichever comes first and will be replaced with a Final Order of Protection at sentencing.  The defendant was represented by Michael Pollok, Esq. of Red Hook, New York. 


    



Press Release - Sarra Gilbert Sentence

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 7, 2017
RE:  PRESS RELASE – SARRA GILBERT  

Sarra Gilbert, age 28, of Ellenville, New York, was sentenced on August 4, 2017 in Ulster County Court to 25 years to life in prison.  

Following a trial lasting over 10 days, the jury of 8 women and 4 men deliberated for about six hours and returned a verdict convicting Sarra Gilbert for murder in the second degree for the stabbing, bludgeoning death of Sarra’s mother. At trial the defendant raised the defense of not guilty by reason of mental disease or defect.   When the judge inquired at the request of defense counsel whether the jury had, in fact, considered Sarra Gilbert’s defense of insanity, each juror responded that the defense had been considered and rejected.

Over objection by Sarra’s attorney at the time of sentencing, Sr. Assistant District Attorney Emmanuel Nneji read into the record in open court the Victim Impact Statement of Stevie Smith, the youngest child of Mari Gilbert. In it, Stevie spoke about the impact of Sarra’s crime on her and asked the court not to allow Sarra to get out again because she remains in fear that Sarra would kill her if she had the opportunity. The prosecutor recommended the maximum sentence.

In his comments to the court John Ray, Gilbert’s attorney, blamed the victim, Sarra’s mother for her problems.

In imposing the maximum sentence, the court noted attorney Ray’s comments made after the verdict that his client would kill again.

Press Release - Jean Carlos Colon Indictment

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 7, 2017
RE: PRESS RELEASE – JEAN CARLOS COLON INDICTMENT

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  ELLENVILLE MAN INDICTED FOR RAPE AND BURGLARY

Jean Carlos Colon, 23, of 5 Glass Street in Ellenville, was indicted Monday, August 7, 2017, by an Ulster County Grand Jury. The Grand Jury returned a two count indictment accusing Colon of Rape in the First Degree, a Class “B” violent offense and Burglary in the Second Degree, a Class “C” violent offense.  Colon is charged with breaking into a home in the early morning hours of June 23, 2017 and forcibly raping an adult female who had been sleeping in her bed.  

The indictment follows an investigation by the Ellenville Police Department with assistance from the Ulster County Sheriff’s Office, the New York State Police Forensic Identification Unit and the Ulster County District Attorney’s Office. 

Colon was arrested in May for another forcible sex crime against a different victim in Ellenville but both felony and misdemeanor charges arising out of that incident were dismissed by a previous Grand Jury.  

Special Victims Bureau Chief Katherine R. Van Loan, is handling the prosecution for the Ulster County District Attorney’s Office.  The defendant is represented by the Ulster County Public Defender’s Office. 


    



 






              


Press Release - Keener and Berry Appeals

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From:  Holley Carnright
Dated:  August 7, 2017
Re:  Press Release – Jason Berry and William Keener Appeals


Last week, the Appellate Division Third Department affirmed judgments of conviction in the following cases:

People v. Jason Berry

In March 2015, the defendant was convicted upon his plea of guilty of the crime of Criminal Possession of a Controlled Substance in the Third Degree, a Class B felony.

The defendant, a second felony drug offender, was sentenced to a determinate state prison term of eight years with three years of post-release supervision.

On appeal, the defendant claimed that he was improperly sentenced as a predicate felony offender.  The Appellate Division Third Department, however, rejected this claim.

On appeal, defendant is represented by Assistant Public Defender Michael K. Gould.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.


People v. William Keener

In February 2015, the defendant was convicted upon a jury verdict of the crime of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, a Class E felony, as a result of an incident which occurred in the early morning hours of August 31, 2013.  At that time, an Ulster Police Officer discovered that the license plate on defendant’s vehicle was registered to another vehicle.  At the time of the stop, defendant appeared intoxicated and subsequently failed six of the seven field sobriety tests which were administered.  The defendant was, however, acquitted of the charge of driving while intoxicated.

On appeal, the defendant claimed that the Court’s Sandoval ruling which permitted the People to inquire into his 2011 Criminal Possession of a Weapon in the Fourth Degree conviction was an abuse of discretion and that the verdict was not supported by legally sufficient evidence.  Defendant also asserted that he was denied meaningful representation.  However, after addressing each of these claims, the Appellate Division Third Department rejected them and affirmed his conviction.

On appeal, the defendant is represented by George P. Ferro, Esq. of Albany, New York.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.   

Press Release - Lance Lavender Sentence

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 8, 2017
RE: PRESS RELEASE – LANCE LAVENDER SENTENCE

Lance Lavender, 57, from Red Hook, was sentenced on August 3rd to 1 1/3 to 4 years in state prison and ordered to pay restitution totaling $105,800.00 to two victims, for his conviction to the charge of Scheme to Defraud in the 1st degree.

Lavender conned a local Ulster County resident into giving him money by claiming he was a financial expert and realtor who could help her consolidate her debt and manage her financial affairs.  Unbeknownst to this victim, Lavender also defrauded her elderly father by claiming that his daughter urgently needed financial assistance.

The case was prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Lavender is represented by Jeremiah Flaherty, Esq. of Kerhonkson.


Press Release - Ciayan London Appeal

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PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     AUGUST 10, 2017



The Appellate Division, Third Department has today unanimously affirmed the October, 2014 conviction of Ciayan London upon his plea of guilty of the crime of criminal possession of a weapon in the third degree, a class D felony.

Defendant’s conviction for possessing an illegal handgun stems from an incident which occurred on March 21, 2014.  On that date, defendant was arrested by Kingston Police who were conducting an investigation into illegal drug activity at the apartment he shared with his girlfriend.  During the execution of a search warrant, the police found a handgun, which defendant admitted was his, in a locked safe in a bedroom closet.  Defendant subsequently was indicted for and pled guilty to criminal possession of a weapon in the third degree.

On appeal, defendant argued that he was deprived of meaningful representation due to defense counsel’s failure to investigate comments made off the record by the presiding Town Justice at the end of the preliminary hearing.  The Appellate Division, Third Department, however, found defendant’s ineffective assistance of counsel claim to be unpreserved for appellate review, and, in any event, to be without merit. 

On appeal, the defendant is represented by Cappy Weiner, Esq. of Kingston, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.


Press Release - Earl Edwards Jr. Sentence

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 10, 2017
RE: PRESS RELEASE – EARL EDWARDS JR. SENTENCE

Earl Edwards Jr., age 27, was sentenced in Ulster County Court today to life in prison with a minimum of 22 years on his conviction for the May 26, 2016 murder of Rameen Perry in Saugerties. 

Edwards pled guilty to murdering Mr. Perry with a knife when he broke into his wife’s apartment and found Perry in bed with her.  Edwards fled the jurisdiction following the murder and was located in Maryland and extradited.  He was identified as the assailant by his wife who had barricaded herself behind a closet door and thus survived the incident.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and Senior Assistant District Attorney Clifford Owens.

DANNY GRIFFIN PLEADS GUILTY

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DANNY GRIFFIN PLEADS GUILTY TO VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE IN ULSTER COUNTY COURT
Danny H. Griffin, 32, of 230 Creek Side Drive, Shandaken, entered a guilty plea to Vehicular Manslaughter in the Second Degree in Ulster County Court today moments before a pre-trial hearing. Griffin was indicted in January of 2017 based on a collision which occurred on State Route 28 in the Town of Olive on August 25, 2015 at 7:30 AM. Griffin drove his 2001 Toyota Sienna into the oncoming lane crashing head-on with a Subaru Impreza operated by Delores Falkowski, 64, of Woodland Valley. Falkowski was killed as a result of the impact. Falkowski was driving to work.

An extensive investigation ensued by the New York State Police and the Ulster County District Attorney’s Office. The investigation revealed that Griffin was impaired by the use of fentanyl, an opioid which is nearly 100 times stronger than Morphine. Griffin purchased heroin laced with fentanyl in Newburgh in the early morning hours of August 25, 2015, and injected himself with the drug with another person before driving home to Shandaken. Griffin also possessed a small amount of cocaine and heroin in his Toyota Sienna van. Found in the vehicle were two crack pipes, numerous hypodermic needles, and a tourniquet used to assist with drug injection.

During the plea, Griffin admitted being impaired by fentanyl as a result of using heroin laced with fentanyl.  Several experts were hired to assist with the collision investigation and toxicology based on a blood sample obtained from Griffin.

The New York State Legislature has classified Vehicular Manslaughter in the Second Degree as a class D non-violent felony.

Griffin was represented by Russell Schindler and the case was prosecuted by Senior Assistant District Attorney Gerard Van Loan.

Press Release - Kevin Coyle Sentence

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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY
DATE:   AUGUST 23, 2017
SUBJECT: PRESS RELEASE – KEVIN COYLE

On August 22, 2017, Kevin Coyle, of Gardiner, New York, age 34, was sentenced to one to three years in state prison on his conviction to Vehicular Assault in the First Degree.  In addition, his New York State driver’s license was revoked.  

Coyle pled guilty to Vehicular Assault in the First Degree in Ulster County Court, on June 20, 2017 regarding a June 7, 2015 incident.  At approximately 3:30 in the afternoon on that date,  Coyle was driving on Route 44/55 in the town of Gardiner while his ability to drive was impaired by his use of marihuana and oxycodone.  In the vicinity of 2547 Route 44/55 Coyle’s vehicle crossed over the double yellow line and collided head on with the vehicle in the oncoming lane of traffic.  As a result of this collision the driver of the other vehicle, a thirty-six year old Gardiner man, and his twenty-three month old daughter, both suffered serious injuries.  The infant, who was secured in a rear facing car seat at the time of the crash, sustained a skull fracture for which she is still receiving treatment.  An independent eyewitness, who had been behind Coyle’s car for several miles, indicated that Coyle’s car was driving erratically and had crossed the double yellow line multiple times before causing the head on collision. 

The victims spoke at sentencing of how their lives have been impacted by the defendant’s decision to drive while impaired by drugs.  While detailing the hardships that their family has faced as a result of the crash, and outlining the devastating consequences that these types of crimes can have, they also expressed to the defendant that they hope that he gets the help that he needs. 

Assistant District Attorney Lisa Bondarenka is prosecuting the case.  The defendant is represented by Andrew Kossover.

Press Release - Computer Cold Call Repair Scam Returns

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 23, 2017
RE: PRESS RELEASE – COMPUTER COLD CALL REPAIR SCAM RETURNS


A telemarketing scam that aims to separate computer users from their financial information has resurfaced, according to the Ulster County District Attorney’s Division of Consumer Affairs.

The scam involves a cold call from a person claiming to be from Dell, Microsoft or another large computer company. The person then asks to remotely connect to the victim’s computer, followed by the claim they can fix the problem if a credit card number is provided.

Victims report receiving unsolicited calls from what they believe are foreign call centers. The scam typically involves a scammer cold-calling you and requesting remote access to your computer. If you give the scammer access, they will claim to run a scan, discover a fake virus and then apply high pressure sales tactics to convince you to buy unnecessary anti-virus software or technical services to “fix” your computer.

Consumer Affairs advises the public to never provide credit card or any personal information to an unknown, unverified caller. If you receive a phone out of the blue about your computer’s security status and requesting remote access – hang up – even if the caller mentions a well-known company or product. Consumer Affairs can be reached at 340-3260.


Press Release - Kyle Berardi Promotion to Chief of Police

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We congratulate Kyle Berardi on his promotion to Chief of the Town of Ulster Police Department.

Protest

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 30, 2017

Apparently there was recently a “protest” regarding the arrest of an individual in Kingston. The protest was attended by Public Defender Andrew Kossover, who represents the accused.  It would be a mistake on my part to accept as fact that comments which have been attributed to Mr. Kossover were actually made.  I am reasonably sure that Mr. Kossover would not actually say that a person who violates the law in the presence of a police officer is free to disregard a reasonable inquiry or demands of a police officer who has witnessed criminal behavior.  That, obviously, is not the law.

In the context of his client having engaged in illegal behavior, Mr. Kossover was quoted “We have a right to be left alone. We get to enjoy our privacy, our freedom of movement . . .” Nothing could be further from the truth.

We rely on police officers to keep us safe and to enforce our laws. As the District Attorney I certainly hope that people do not fail to obey the lawful order of a police officer.

I have no comments on the actual case, which is currently pending.  I choose to allow that matter to be litigated in the court system. 



Press Release - Disaster Relief Fraud Alert

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 30, 2017
RE: DISASTER RELIEF FRAUD ALERT


The Ulster County District Attorney’s Division of Consumer Affairs reminds Internet users who receive appeals to donate money in the aftermath of the flooding in Texas to use caution before responding to those requests. Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for charitable organizations.

Before making a donation of any kind, consumers should:
  • Not respond to any spam e-mail or click on links contained within those messages;
  • Be skeptical of individuals representing themselves as survivors or officials asking for donations via e-mail or social networking sites;
  • Verify the legitimacy of nonprofit organizations;
  • Be  cautious of e-mails that claim to show pictures of the disaster areas in attached files because the files may contain viruses;
  • Make contributions directly to known organizations rather than relying on others to make the donation on your behalf;
  • Do not give personal or financial information to anyone who solicits contributions.

Spam e-mail can be forwarded to spam@uce.gov and then deleted. Consumer Affairs can be reached at 845- 340-3260.


Press Release - Amanda Weiss

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FROM: HOLLEY CARNRIGHT
DATE: SEPTEMBER 1, 2017
RE: PRESS RELEASE - AMANDA WEISS

On 06/21/2017 members of the Archdiocese of New York met with members of the Ulster County District Attorney's Office to report the possible misappropriation of funds by an employee at St. Joseph's Roman Catholic Church, located at 242 Wall Street Kingston NY.

An investigation was then commenced by members of the District Attorney's Office, and as a result of their investigation, former Assistant Administrator of St. Joseph's Church, Amanda Weiss was arrested.

Ms. Weiss, age 28 of Kingston NY, is accused of stealing a total of  $68,675.80 from the accounts of St. Joseph's Church, and from the personal account of a priest stationed at St. Joseph's Church . This theft of monies occurred over a period of 20 months. To accomplish this larceny, Ms. Weiss is accused of falsifying business records, those records being bank records, invoices, and the church check register. Ms. Weiss is also accused of possessing forged checks and stolen checks.

Amanda Weiss was arrested on 8/31/2017 and charged with the following:

1.) Scheme to Defraud in the First Degree
2.) Grand Larceny in the Second Degree
3.) Falsifying Business Records in the First Degree (4 counts)
4.) Criminal Possession of a Forged Instrument in the Second Degree (26 counts)
5.) Grand Larceny in the Third Degree
6.) Criminal Possession of a Forged Instrument in the Second Degree (6 counts)
7.) Criminal Possession of Stolen Property in the Third Degree.

Members of the District Attorney's Office were assisted in their investigation by members of the Archdiocese of New York and a detective from the Kingston Police Department.

Press Release - Bradley Cook Indictment

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FROM:  HOLLEY CARNRIGHT
DATE:  SEPTEMBER 11, 2017
RE:  PRESS RELEASE – PEOPLE V. BRADLEY COOK

An Ulster County Grand Jury filed an indictment today in Ulster County Court charging Bradley Cook with Robbery in the Third Degree for robbing the Key Bank on Wall Street in the City of Kingston on July 24th, 2017. 

Cook is accused of entering the bank and passing a note to a teller that instructed her to give him money and nobody would get hurt.

Cook is scheduled to be arraigned on the indictment in Ulster County Court later this week.






Press Release - How to Protect yourself from the Equifax Hack

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FROM: HOLLEY CARNRIGHT
DATE: SEPTEMBER 19, 2017
RE: PRESS RELEASE
    HOW TO PROTECT YOURSELF FROM THE EQUIFAX HACK

The Ulster County District Attorney’s Division of Consumer Affairs and New York State Attorney General Eric Schneiderman encourage consumers to take steps to see if your data was compromised and to strongly consider additional measures to protect yourself:

·       To check whether your information was compromised, go to www.equifaxsecurity2017.com.

·       Check your credit reports by visiting annualcreditreport.com. This is a free service. Accounts or activity that you do not recognize could indicate identity theft.

·       Consider placing a credit freeze on your files. It will not prevent a thief from using any of your existing accounts, but a credit freeze makes it harder for someone to open a new account in your name.

·       Monitor your existing credit card and bank accounts closely for unauthorized charges. Call the credit card company or bank immediately about any charges you do not recognize.

·       Since Social Security numbers were affected, there is a risk of tax fraud. Tax identity theft happens when someone uses your Social Security number to get a tax refund or a job. Consider filing your taxes early and pay close attention to correspondence from the IRS.
Consumer Affairs can be reached at 340-3260.

Press Release Darren Olympia Sentence

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From: HOLLEY CARNRIGHT
Date: SEPTEMBER 21, 2017
Re:  PRESS RELEASE - PEOPLE v. DARREN OLYMPIA
_______________________________________________________________
In June, 22 year old Darren Olympia of Newburgh was indicted by an Ulster County grand jury for recklessly shooting a female friend in the face on February 26 at 32 Bingham Road in the Town of Marlboro.
 Following a night of drinking in a Newburgh bar Olympia, who had recently been certified and licensed for a handgun as an Armed Guard, for no justifiable reason, produced his loaded pistol. A short time later he unintentionally caused the gun to discharge; the bullet struck the victim’s forehead.

The victim suffered extensive injuries to her forehead and face and has undergone several surgeries and reconstructive procedures to save her life.

Today in Ulster County Court, consistent with the victim’s plea to the court for leniency and the DA’s recommendation, Olympia was sentenced to five years probation with six months in jail on his plea to the felony Assault in the second degree.
Darren Olympia was represented by attorney William Garvin of Newburgh.  The case was prosecuted by Sr. District Attorney Emmanuel Nneji.
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