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Press Release - Does the SS Office Call You?

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FROM: HOLLEY CARNRIGHT
DATE: OCTOBER 31, 2018
RE: PRESS RELEASE -  DOES THE SOCIAL SECURITY OFFICE CALL YOU?

No, according to the Ulster County District Attorney’s Division of Consumer Affairs. A local resident reports receiving a scam Social Security Administration (SSA) call from 1-800-772-1213. This is a caller-ID spoofing scheme, exploiting SSA’s reputation.

SSA employees will not make unsolicited calls and request personal information. To verify the legitimacy of text messages, emails or phone calls, you may contact the local Social Security office at 1-877-405-6747 or Office of the Inspector General (OIG) website, https://oig.ssa.gov/report.

Consumer Affairs can be reached at 340-3260.

Press Release - David Reese appeal

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PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     NOVEMBER 1, 2018



The Appellate Division, Third Department has unanimously affirmed the August 13, 2015 conviction of David Reese upon a jury verdict convicting him of the crime of murder in the second degree. 

Defendant’s conviction stems from an incident which occurred on the morning of February 3, 2014 at the New York City Department of Environmental Protection maintenance shop in Kingston.  Twenty minutes after arriving at work with a loaded pistol, defendant confronted Aaron Thomas, a co-worker, at gunpoint and after hitting him in the head with the gun, fatally shot the 33 year old victim, a husband and father with two young children.  Immediately following the murder, defendant turned his pistol over to a DEP police officer and calmly announced he had shot a coworker.  At trial, defendant raised an extreme emotional disturbance defense, as well as a not guilty by reason of mental disease or defect defense.  The jury, however, rejected both of those defenses and convicted him of murder in the second degree.

The defendant was subsequently sentenced by County Court Judge Donald A. Williams to the maximum State prison term of 25 years to life. 

On appeal, defendant claimed that the jury’s verdict was not supported by legally sufficient evidence and was against the weight of the credible evidence.  Defendant also challenged the sentence imposed by County Court, arguing it was unduly harsh and excessive and argued that the Court committed reversible error by failing to provide a justification charge, despite the fact that no request was ever made for such charge.  The Third Department, however, rejected all of defendant’s arguments. 

On appeal, the defendant is represented by Arthur G. Dunn, Esq. of Troy, New York.  Hannah E.C. Moore of the New York Prosecutor’s Training Institute handled the appeal for the District Attorney’s Office.

Press Release - Daniel O'Day conviction

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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   NOVEMBER 2, 2018

SUBJECT: PRESS RELEASE – DANIEL O’DAY

On October 31, 2018, an Ulster County jury convicted Daniel O’Day, of Kingston, New York, age 60, of two counts of Driving While Intoxicated, as misdemeanors, and the class E felony felony of Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree. The jury found that on March 26, 2017 the defendant was driving a motor vehicle, while intoxicated, on State Route 28 in the Town of Ulster.  At the time he was driving the vehicle, the defendant’s license was suspended as a result of two prior arrests for Driving While Intoxicated.  

The evidence at trial showed that on March 26, 2017, at approximately 7:58 pm, Investigator Joseph Manner, of the New York State Police, observed the defendant driving a Jeep on State Route 28, in the Town of Ulster.  Investigator Manner ran a check of the vehicle’s license plate and discovered that the defendant’s license was suspended for two prior arrests for Driving While Intoxicated, one occurring on July 21, 2016 in the Town of Kingston and one occurring on January 6, 2017 in the Town of Woodstock.  Investigator Manner effectuated a stop of the defendant’s vehicle, which ultimately stopped in the parking lot of the Budget 19 Motel.  Investigator Manner observed that the defendant had bloodshot, glassy eyes, slurred speech, and that there was an odor of an alcoholic beverage emanating from the defendant’s vehicle.  The defendant admitted to consuming two beers three to four hours prior.  Defendant also failed a series of field sobriety tests.  A breath test, given thirty-eight minutes after defendant was operating the motor vehicle, indicated that the defendant’s blood alcohol content was 0.13%.  

The case was presided over by the Honorable Donald Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Assistant Public Defender Russell Schindler. Sentencing is scheduled for January 11, 2019

Press Release - Charles Bridge appeal

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PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     NOVEMBER 8, 2018


The Appellate Division, Third Department has unanimously affirmed the March, 2017 conviction of Charles Bridge upon his plea of guilty of the crime of driving while intoxicated.

Defendant’s conviction stems from a vehicle and traffic stop on March 11, 2016 in the City of Kingston at which time State Police discovered that defendant was operating his vehicle in an intoxicated condition. 

Defendant eventually pled guilty in Ulster County Court to driving while intoxicated at which time he executed a waiver of appeal.  He was later sentenced by County Court Judge Donald A. Williams, in accord with the terms of a negotiated plea agreement, to one to three years in State prison.

On appeal, defendant challenged the validity of his appeal waiver and argued that the Court should have granted newly substituted counsel an adjournment to give him more time to prepare for the sentence proceedings.  The Appellate Division, Third Department, however, rejected both of these claims.

On appeal, defendant is represented by Aaron A. Louridas, Esq. of Delmark, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Joshua Stuart indictment

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FROM: HOLLEY CARNRIGHT
DATE: NOVEMBER 15, 2018
RE: PRESS RELEASE – JOSHUA STUART INDICTMENT

     Joshua Stuart, age 42, of 12 Pine Lane, Kerhonkson, was indicted by an Ulster County Grand Jury this week in connection with a series of incidents in the Town of Wawarsing on September 28 and September 29, 2018.

     At about 4:30 AM on September 28, Stuart entered the Ellenville Regional Hospital with a loaded handgun and forcibly stole numerous vials of drugs classified as opioids. During the course of the robbery he fired one shot from the handgun. After fleeing the hospital, Stuart’s vehicle was spotted by the New York City DEP in a wooded area off Cutler Road in Wawarsing. As the officers attempted to apprehend him Stuart fired several rounds from a 9MM handgun at a DEP officer and then fled into a large wooded area.

     An intense manhunt ensued. Many local police agencies including the State Police, Ulster County Sheriff’s Office, DEP, the Ellenville Police Department and the Ulster County District Attorney’s Office searched for Stuart. The next morning, Stuart burglarized a home on State Route 55 and stole several small items. Thereafter, Stuart entered an unlocked garage of a second home seeking property to steal from vehicles. He then burglarized a third home, where he entered through a window by removing a fan. While inside, Stuart stole a purse and car keys and fled the property in the homeowner’s 2005 Honda Pilot.

     The Honda Pilot was spotted in Brooklyn on October 1. The New York State Police Fugitive Task Force and members of the NYPD converged upon Stuart near a Whole Foods Market in Brooklyn. Stuart attempted to flee into the Gowanus Canal and was captured shortly thereafter. Stuart had the 9MM handgun on him when he was captured.

     The Ulster County Grand Jury handed down an 11 count indictment charging Stuart with Attempted Murder in the First Degree, Robbery in the First Degree, 3 counts of Burglary, and Criminal Possession of a Weapon in connection with the crimes committed on State Route 55 during the manhunt. He also faces federal charges for crimes committed in NYC while on the lam from Ulster County authorities.

    Stuart is currently being held in federal custody in New York City and is represented on the Ulster County charges by Russell Schindler of the Public Defender’s Office. The case is being prosecuted by Senior Assistant District Attorney Gerard Van Loan and Assistant District Attorney Timothy Lawson.

Press Release - Jovan A.Wilkins conviction

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FROM:     HOLLEY CARNRIGHT
          ULSTER COUNTY DISTRICT ATTORNEY
DATE:     NOVEMBER 16, 2018
SUBJECT:  PRESS RELEASE – JOVAN A. WILKINS

On November 15, 2018, a jury of seven men and five women convicted JOVAN A. WILKINS of Assault in the First Degree, a Class B violent felony.  Wilkins, age 26, a resident of  Lagrangeville, in Dutchess County, was charged by the New York State Police on December 3, 2017 with felony assault in connection with the stabbing of a man during a house party purportedly celebrating then recently elected Dutchess County legislator, Legislature Giancarlo Llaverias’ victory.

During the week-long trial jurors heard testimony from surgeon Dr. Dennis-Roger Phillip of the Mid-Hudson Regional Hospital, forensic scientists Sarah Koss and Lisa Sheridan of the New York State Police Forensic Investigation Center, and several Investigators with the New York State Police. They also heard from the victim of the assault and an eyewitness who testified that as they were leaving the party they saw an individual on the ground being beaten and stomped. The victim tried to push people off of the individual being attacked when Wilkins repeatedly stabbed him in the back and lower abdomen. Dr. Phillip explained to the jury that many of the stab wounds could have been fatal. He described one stab wound as having punctured the victim’s lung, a second having lacerated his spleen and that the wounds to the victim’s abdomen in effect disemboweled him.

 The case was prosecuted by Assistant District Attorneys Kathleen E. Klein and Clifford Owens. Wilkins was represented by Assistant Public Defender Mikael Cohn.

The defense presented two seemingly inconsistent arguments to the jury. The first, was that Wilkins did not intend to cause any injury, an argument belied by the significant, life threatening injuries sustained. The second argument was that he was justified in stabbing the victim because he was defending a third party, ie his brother.

Wilkins has been remanded to the Ulster County Jail.  Sentencing is scheduled for January 18, 2018. Defendant faces a maximum sentence of 25 years in State Prison.

Press Release - Robocalls Hit an All Time High

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FROM: HOLLEY CARNRIGHT
DATE: NOVEMBER 26, 2018
RE: PRESS RELEASE – ROBOCALLS HIT AN ALL TIME HIGH

The number of robocalls for October raised the bar to an all-time high of 5.1 billion across the United States, according to www.consumeraffairs.com. The is the first time the scourge has passed the 5 billion mark since the YouMail Robocall Index (https://robocallindex.com) was launched in 2015, and it’s nearly double the number of calls placed in January 2018.

While it may seem like a never-ending battle, the Federal Communications Commission (FCC) says it’s pulling out all stops to end the robocall scourge. The agency is going as far as penalizing robocall services $2.8 million if caught making robocalls to wireless phones using artificial or prerecorded voice messages without the prior express consent of the called parties. Last month, a coalition of 34 states attorneys general asked the FCC to craft new rules that would allow telephone service providers to block more illegal robocalls.

Until there’s a judgment day for robo criminals, the Ulster County District Attorney’s Division of Consumer Affairs (340-3260) advises consumers to use good judgment and not answer calls from phone numbers you don’t know and not provide personal information to any unknown caller. Complaints can be made at www.fcc.gov.

Press Release - Jonathan Santiago sentence

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FROM: HOLLEY CARNRIGHT
DATE: NOVEMBER 28, 2018
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  SPRING GLEN MAN SENTENCED FOR ATTEMPTED STATUTORY RAPE  

Jonathan Santiago, 24, was sentenced on Wednesday, November 21, 2018, to the maximum sentence allowed, four years in state prison to be followed by ten years of post-release supervision on his plea to Attempted Rape in the Second Degree.  The defendant entered his plea on July 27, 2018 in Ulster County Court, admitting that between February 1, 2017 and March 1, 2017, he attempted to engage in sexual intercourse with a fourteen year old child.  Santiago will have to register under the New York State Sexual Offender Registration Act for a minimum of twenty years.  An Order of Protection was issued to remain in effect until November 21, 2036.     

The defendant was arrested on October 3, 2017, following an investigation by the Ulster County Family and Child Advocacy Center.  He was indicted by an Ulster County Grand Jury on January 11, 2018 for three counts of the crime of Rape in the Second Degree.  All three events were alleged to have occurred between February 1, 2017 and March 31, 2017 in the Town of Rosendale, with the same child.

The case was prosecuted by Special Victims Bureau Chief, Katherine R. Van Loan.  The defendant was represented by the Ulster County Public Defender’s Office.      








  



Press Release - Utility Scams

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FROM: HOLLEY CARNRIGHT
DATE: NOVEMBER 29, 2018
RE: PRESS RELEASE – UTILITY SCAMS FLOURISH AS HOLIDAY SEASON APPROACHES

‘Tis the season for scams, in part because the holidays are fast approaching, but also because cold weather has arrived in much of the U.S.

When the mercury drops, scammers come out of the woodwork to rip off consumers with a variety of utility scams.

The Ulster County District Attorney’s Division of Consumer Affairs warns that scammers often impersonate utility company employees, either on the phone or by showing up on your doorstep. They might tell consumers their service is about to be shut off unless they pay a surcharge, or they may try to sell a worthless device to lower heating bills. Consumers are encouraged to notify their utility company of such activity by calling the number on the monthly billing statement.

A common tactic scammers employ is to demand payment for a bill that is allegedly overdue. But the tip-off comes in the form of payment. If the caller demands a credit card or prepaid money card number over the phone, it’s a scam. If you get one of these calls simply hang up. Again, if you’re in doubt that it’s a scam call the company for verification.

Consumer Affairs can be reached at 340-3260.

Press Release - Chargois plea

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FROM: HOLLEY CARNRIGHT
DATE: NOVEMBER 30, 2018
RE: PRESS RELEASE – CONNOR CHARGOIS PLEA

November 30, 2018 Connor Chargois of Saugerties, NY, pled guilty in Ulster County Court to one count of Criminal Possession of a Weapon in the third degree.  Mr. Chargois was arrested by members of the Town of Saugerties Police Department in February of this year following information they had received that the defendant had posted comments on the internet relating to “Eric and Dylan”, the individuals responsible for the horrific Columbine School shooting.  Chargois was a student at Saugerties High School at the time.

In the ensuing investigation, police seized from Chargois a quantity of ammunition of varying calibers, homemade knives, machine fabricated gun parts, a prototype of a firearm that Connor Chargois admitted he had been manufacturing in the basement of his house, in addition to a number of completed homemade firearms in both .22 and 9mm caliber capacities.

Mr. Chargois is scheduled for sentencing before County Court Judge Donald A. Williams February 8, 2019.

Press Release - Willie Rodriguez sentence

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FROM: HOLLEY CARNRIGHT
DATE: DECEMBER 5, 2018
RE: PRESS RELEASE – WILLIE RODRIGUEZ SENTENCE

On November 28, 2018 Willie Rodriguez was sentenced to 13 years in state prison on his conviction for Criminal Possession of a Weapon in the second degree and 5 years in state prison on his conviction for Criminal Possession of a Controlled Substance in the third degree, with the sentences to run concurrent.  The convictions arose from December 22, 2017 when Willie Rodriguez was arrested for possession of a loaded firearm that had been stolen from a Saugerties vehicle. At the time of his arrest Rodriguez also had a quantity of heroin on him. Rodriguez codefendants, Skylar Eichert and Gina Julian, both previously pled guilty and were sentenced to state prison. 

The case was prosecuted by Assistant District Attorney Timothy Lawson with the assistance of Assistant District Attorney Jarrid Blades. The defendant was represented by attorney Edward Bruno.  


Press Release - Bruce Chargois plea

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FROM:  HOLLEY CARNRIGHT
DATE:  DECEMBER 5, 2018
RE:  PRESS RELEASE – BRUCE CHARGOIS PLEA


On December 5, 2018, Bruce Chargois pleaded guilty in Ulster County Court to one count of Tampering with Physical Evidence, a Class E felony.  Chargois was arrested by members of the Town of Saugerties Police Department in February of this year after an investigation into Instagram posts made by Bruce Chargois’ son Connor.  Connor’s posts expressed his envy for Columbine School shooters Eric Harris and Dylan Klebold.  Connor was a student at Saugerties High School at the time he made the posts.

During the investigation, police seized from Bruce Chargois’ place of business several rifles, including an Uzi machine gun and an AR-15 assault rifle.  Members of the Saugerties Police Department determined that Connor Chargois had manufactured the guns in the basement of the family house where his father, Bruce, also resided.

Bruce Chargois admitted during his plea allocution to removing the guns from his home and driving them to his place of business in an effort to prevent their discovery by law enforcement during their investigation.

Bruce Chargois is scheduled to be sentenced by Ulster County Court Judge Donald A. Williams on February 14, 2018.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh.  The defendant was represented by Tom Melanson of Kingston, New York.

Press Release - Deandre H. Green indictment

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TO: MEDIA
FROM: HOLLEY CARNRIGHT
DATE: DECEMBER 5, 2018
RE: PRESS RELEASE – DEANDRE H. GREEN INDICTMENT

Deandre H. Green, 20, Kingston was indicted by an Ulster County Grand Jury on November 5, 2018 for two counts of Scheme to defraud and twenty five counts of Criminal Possession of a Forged Instrument 2nd.

Between October, 2016 and January, 2017, the defendant used social media to recruit people to participate in a scheme to defraud many businesses and banks in the area. He started out by stealing checks from mailboxes. He then solicited people on various social media sites to open bank accounts and provide him their banking information. He also solicited people to provide him a copy of their payroll check which he would use as a template to create fraudulent checks.

The defendant attempted to deposit checks totaling $24, 847.49 from ten (10) separate persons & businesses as indicted by the Ulster County Grand Jury in Ind. 170-18.

It is estimated, based on an investigation by this office, that the defendant recruited over 65 people who became involved in the scheme and attempted to deposit checks that totaled almost $800,000.00.

The investigation spanned two years. The Ulster County District Attorney’s Office was assisted by the following agencies:

City of Kingston Police Department;
City of Poughkeepsie Police Department;
Town of Poughkeepsie Police Department;
New York State Police;
US Postal Inspection Service;
Hudson Valley Crime Analysis Center;  
Dutchess County Sheriff's Department; and
Albany City Police Department.

The defendant is currently serving 2-6 years on a conviction out of Dutchess County for Robbery 3rd in a separate robbery and 4 years out of Albany County.

The case is being prosecuted by Sr. Assistant District Attorney Elizabeth A. Culmone-Mills.

Press Release - Lost/Stolen Wallet

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FROM: HOLLEY CARNRIGHT
DATE: DECEMBER 6, 2018
RE: WHAT TO DO IF YOUR WALLET IS LOST OR STOLEN


While you’re struggling with packages and bags of presents, identity thieves see an opportunity to steal your wallet and debit or credit card numbers.

According to the Ulster County District Attorney’s Division of Consumer Affairs, there are 5 steps consumers should take, the first of which should be done NOW before anything happens: 1) Make copies of all your credit cards, ID cardsand licenses – everything in your wallet (both sides); if the card is stolen, 2) Call the companies that issued your credit cards. This should be done at once and you should follow up with a letter; 3) Call the three nationalcredit-reporting agencies and ask them to attach a fraud alert to all your credit cards; 4) If your social security card is missing, call the Social SecurityAdministration. Also, be sure to call the Department of Motor Vehicles, as well as any other organizations from which you lost cards; 5) Callthe police if you were a victim of theft. You may be required to show a police report to support your claim that a crime was committed.

Consumer Affairs can be reached at 340-3260.




                                                                 

Press Release - Eric Napoli appeal

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PRESS RELEASE

TO:       ALL NEWS MEDIA
FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     DECEMBER 6, 2018



The Appellate Division, Third Department has unanimously affirmed the April, 2016 conviction of Eric Napoli upon a jury verdict convicting him of the crime of aggravated cruelty to animals, a class E felony, in violation of §353-a(1) of the Agriculture and Markets Law. 

Defendant’s conviction stems from an incident which occurred on the afternoon of April 16, 2015.  On that date, defendant, with no justifiable purpose, intentionally shot and killed Luna, his roommate Carol Weller’s dog with a .12 gauge shotgun loaded with birdshot. 

Following his conviction, defendant was sentenced by Ulster County Court Judge Donald A. Williams to two years in the Ulster County Jail, the maximum sentence allowed by law. 

On appeal, the defendant challenged the legal sufficiency of the evidence supporting his conviction and argued that he was denied meaningful representation.  Defendant also maintained that County Court improperly responded to the jury’s question when they asked for a definition of the word “extreme” during deliberations.  The Appellate Division, Third Department, however, rejected each of defendant’s assertions.   

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


Press Release - Kirk Carney plea

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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY
DATE:   DECEMBER 6, 2018
SUBJECT: PRESS RELEASE-KIRK CARNEY PLEA

On December 3, 2018, Kirk Carney, age 57, of Olive, New York, pled guilty to the felony of Criminal Possession of a Weapon in the Third Degree in connection with his possession of a large capacity ammunition feeding device capable of holding twenty-five rounds. A search warrant executed on defendant’s residence on September 18, 2018 by members of the Community Narcotics and Enforcement Team (CNET) led to the recovery of the ammunition feeding device, along with numerous other shotguns and rifles which the defendant was not allowed to possess because he was a convicted felon. Defendant is also a level three sex offender having twice been convicted of sexual offense crimes. The search warrant stemmed from an investigation into the defendant illegally selling rifles and shotguns to an undercover officer. Carney is due to be sentenced on February 11, 2019 and faces up to seven years in state prison with five years of post-release supervision. 

The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Mikael Cohn.  

Press Release - Ulrich Arlt plea

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FROM: HOLLEY CARNRIGHT
DATE: DECEMBER 13, 2018
RE: DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  NEW PALTZ MAN PLEADS GUILTY TO COURSE OF SEXUAL CONDUCT WITH A CHILD  

Ulrich Arlt, 36, formerly of 15 South Ohioville Road in New Paltz, entered a plea of guilty Wednesday, December 12, 2018, to the Class “D” violent felony of Course of Sexual Conduct Against a Child in the Second Degree in Ulster County Court.  The defendant admitted that between August 1, 2015 and November 16, 2017, he engaged in two or more acts of sexual conduct with a child who was less than thirteen years old. 

The defendant was arrested on May 17, 2018, following an investigation by the Ulster County Family and Child Advocacy Center.  He was indicted by an Ulster County Grand Jury on November 14, 2018 for the sole count to which he pled.


The defendant faces a maximum of seven years in state prison to be followed by up to ten years of post-release supervision.  He will be required to register under the New York State Sexual Offender Registration Act for a minimum of twenty years.

  The case was prosecuted by Special Victims Bureau Chief, Katherine R. Van Loan.  The defendant was represented by James Tyner, Esq. of Latham.      








  

Press Release - Anthony Dancy plea

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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY
DATE:   DECEMBER 13, 2018
SUBJECT: PRESS RELEASE-ANTHONY DANCY PLEA

On December 11, 2018, Anthony Dancy, age 36, of Saugerties, New York, pled guilty to the felonies of Criminal Possession of a Weapon in the Second Degree and Criminal Sale of a Controlled Substance in the Third Degree in connection to his possession of a loaded firearm and sale of cocaine. Defendant was charged by indictment with selling cocaine on two separate dates. A subsequent search warrant executed on defendant’s residence on August 24, 2018 by members of the URGENT Task Force led to the recovery of the assault weapon underneath defendant’s bed, along with other drug paraphernalia. This is defendant’s second conviction for Criminal Sale of a Controlled Substance in the Third Degree, his prior conviction taking place in 2014 in Ulster County Court.

Dancy is due to be sentenced on March 5, 2019 and faces up to eight years in state prison with five years of post-release supervision before the Honorable Richard Mott. 

The case was prosecuted by Assistant District Attorneys Paul Derohannesian. The defendant was represented by attorney Ed Bruno.  

Press Release - Jerome Wilson

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The Appellate Division, Third Department has unanimously affirmed the March 15, 2017 order of the Ulster County Court (Williams, J.) which classified Jerome Wilson, pursuant to the Sex Offender Registration Act (SORA), as a risk Level Three sexually violent offender.   

In 1997, while serving a sentence for a 1984 murder conviction in the Eastern Correctional Facility, defendant pled guilty to sexual abuse in the first degree in the Ulster County Court for subjecting a female correctional facility employee to sexual contact by forcible compulsion.  Defendant was sentenced on that charge to a five year term of imprisonment to run consecutively with the sentence he was then serving. 

Subsequent thereto, the Board of Examiners of Sex Offenders classified defendant pursuant to SORA as a risk Level Three sex offender.  Following a hearing, County Court accepted the Board’s classification, denied defendant’s request for a downward departure and classified defendant as a risk Level Three sex offender and a sexually violent offender. 

Appealing County Court’s risk Level Three determination, defendant argued that in the past six years, he had shown no signs of aggression, that his substance abuse and alcohol issues were in the distant past and that his failure to successfully complete a sex offender treatment program was only because he was confined after a disciplinary hearing.  The Appellate Division, Third Department, however, rejected each of defendant’s arguments affirmed County Court’s determination. 

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

Press Release - Wise giving

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WISE GIVING


The Ulster County District Attorney’s Division of Consumer Affairs advises donors to consult www.give.org/charity-reviews/nationalbefore contributing to national charities. This is the website for the Better Business Bureau Wise Giving Alliance (WGA). The Alliance helps donors make informed decisions by providing Charity Reports, and advances high standards of conduct among organizations that solicit contributions from the public. While it’s the donors’ decision, WGA recommends they avoid or be extremely cautious when contributing to nondisclosure charities(charities that do not provide WGA with any of the requested information needed to complete the charity evaluations are called nondisclosure charities). While this could be benign, some of these charities could also be hiding something by choosing not to disclose. Consumer Affairs can be reached at 340-3260.

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