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Press Release - Arthur Mercer

February 7, 2019, 12:24 pm
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PRESS RELEASE

TO:       ALL NEWS MEDIA
FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     FEBRUARY 7, 2019



The Appellate Division, Third Department has unanimously affirmed the August, 2015 conviction of Arthur Mercer upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree. 

Defendant’s most recent conviction stems from a sale of cocaine he made to a confidential informant in the City of Kingston on March 11, 2014 which was witnessed by an undercover officer.  Defendant later pled guilty to that charge and at that time, waived his right to appeal.  He was subsequently sentenced as a second felony offender to six years in State prison followed by three years of postrelease supervision. 

On appeal, defendant claimed that his guilty plea was not knowing, voluntary and intelligent because he suffers from bipolar disorder and was not taking his prescribed medication at the time of his plea.  Defendant also maintained that he was denied meaningful representation because neither of the two attorneys who represented him made a motion to withdraw his plea based on his mental illness.  The Appellate Division, Third Department, however, determined that both of these claims were unpreserved for review given defendant’s failure to make an appropriate post-judgment motion. 

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

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Press Release - West Hurley Fire District corruption probe

February 8, 2019, 1:01 pm
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FROM: THOMAS P. DINAPOLI, STATE COMPTROLLER AND HOLLEY CARNRIGHT,
ULSTER COUNTY DA
DATE: FEBRUARY 8, 2019
RE:FORMER WEST HURLEY FIRE DISTRICT CHIEF AND CHAIRMAN CHARGED IN CORRUPTION PROBE

The former West Hurley Fire District Chief and a current fire commissioner were both arrested today for abusing their authority and costing the district over $30,000.0 in funds since 2012, according to State Comptroller Thomas P. DiNapoli and Ulster County District Attorney Holley Carnright.

David Gutierrez, 52, and Michael “Bucky” VanValkenburgh, 44, both of West Hurley, were charged with Corrupting the Government and Official Misconduct and arraigned in Hurley Town Court. Gutierrez, who stepped down as chief, is still serving as a captain. VanValkenburgh remains on the Board of Commissioners for the fire district.

“Mr. Gutierrez and Mr. VanValkenburgh allegedly violated their duty and used resources meant to protect their community to fund their personal business and lifestyle.”  DiNapoli said. “Thanks to the joint work of my office with District Attorney Carnright, they will now be held accountable.”

“I would like to acknowledge the professionalism of Comptroller DiNapoli’s team. It is largely through their efforts that we are able to bring this matter into the light and proceed with a prosecution”, stated DA Holley Carnright. 

Hurley Supervisor John Perry stated “First, I want to thank all the constituents in the West Hurley Fire District who spoke up and brought this matter to my attention.  I would like to also thank the State Comptroller and Ulster County DA Carnright's office for their time and due diligence dealing with this matter. Lastly, I want to be clear that the West Hurley Fire District should not and will not be tarnished by these few individuals.  The men and women who volunteer as our first responders are some of the best around.  We need to look at this as an opportunity to form a renewed bond with the residents and the Fire District and this will only better West Hurley as a whole.”

Former Chief Gutierrez, with VanValkenburgh’s assistance, allegedly used the fire district water tanker for his wife’s Woodstock Landscaping and Excavating business.  He also allegedly used the tanker to fill ponds, mix concrete and water plants for his wife’s business and used the fire district’s vehicle, gasoline and EZ Pass while traveling statewide to conduct his wife’s business.
VanValkenburg, who also worked for Woodstock Landscaping and Excavating, allegedly defrauded the district of $20,755.  As a fire district board commissioner, VanValkenburgh was barred from receiving any payment from the district.  Instead, VanValkenburgh laundered payments through a relative who had a cleaning contract with the fire district.

Find out how your government money is spent at Open Book New York.  Track municipal spending, the state’s 150,000.00 contracts, billions in state payments and public authority data. Visit the Reading Room for contract FOIL requests, bid protest decisions and commonly requested data.
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Press Release - Connor Chargois sentence

February 8, 2019, 1:15 pm
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FROM:  HOLLEY CARNRIGHT
DATE:  FEBRUARY 8, 2019
RE:  PRESS RELEASE – PEOPLE V. CONNER CHARGOIS


On February 8, 2019, after having pleaded to Criminal Possession of a Weapon in the Third Degree in Ulster County Court, Conner Chargois was sentenced by the Hon. Donald A. Williams to 2 years in state prison followed by 5 years of post-release supervision.

Chargois was arrested by members of the Town of Saugerties Police Department in February of 2018 after an investigation into Instagram posts he had made.  These posts expressed his envy for Columbine School shooters Eric Harris and Dylan Klebold.  Conner was a student at Saugerties High School at the time he made the posts.

During the investigation, police searched a business warehouse owned by Conner’s father, Bruce Chargois.  They were able to seize several rifles, including an Uzi machine gun and an AR-15 assault rifle.  Members of the Saugerties Police Department determined that Conner Chargois had manufactured the guns in the basement of the family house. Additionally a search warrant was executed on the Chargois home and various gun components, ammunition and two silencers were found.

During a very emotional sentencing hearing, Conner Chargois stood before a packed courthouse of supporters and apologized to his family, the Saugerties community, Saugerties High School, Saugerties Police Department and the court for what he called his selfishness.  He expressed his desire to accept full responsibility for his actions and to move forward and ultimately pursue his dream of attending college.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by Cappy Weiner, Esq.
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Press Release - Medical Device Fraud Warning

February 11, 2019, 6:58 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 11, 2019
RE: PRESS RELEASE – MEDICAL DEVICE FRAUD WARNING – INCLUDING OFFERS FOR BACK AND KNEE BRACES


The Ulster County District Attorney’s Division of Consumer Affairs advises that various organizations are contacting individuals by phone or mail offering them medical devices and claiming these devices are covered by Medicare, Medicaid or other insurance programs. Consumer Affairs offers the following suggestions…

·       Only answer the phone if it’s a caller you know.

·       If you do answer the phone and it’s a telemarketer, hang up. If it’s a postcard or email, discard it.


·       Disregard TV ads offering free back or knee braces.

·       Never give out your Medicare card number, Social Security number, birth date, bank account information or credit card number to an unknown party.


·       Medicare will already have your basic information. Report instances of fraud by calling 1-800-MEDICARE (1-800-633-4227) or visiting www.medicare.govand clicking on Forms, Help, &Resources.

·       If you are in need of a back or knee brace – or any medical device – see your doctor to get one prescribed to you. That way, it can be processed correctly through Medicare.

Consumer Affairs can be reached at 340-3260.
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Press Release - Grandparent Scam

February 13, 2019, 8:11 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 13, 2019
RE: PRESS RELEASE – GRANDPARENT SCAM

“HELP GRANDMA, I’VE BEEN ARRESTED”

Ulster County seniors are warned of phony “emergency” calls asking grandparents to wire money to help a grandchild who is “in trouble.” According to the Ulster County District Attorney’s Division of Consumer Affairs, there are several warning signs of the grandparent scam:

  • An urgent call for financial help with an emergency such as a car crash, medical emergency or trouble with the law;

  • A request to send money by wire transfer via Western Union or MoneyGram, or other unusual method.


  • A request to keep the call confidential.

Grandparent scam con artists sometimes trick their victims into mentioning names or they might already have information gleaned from social networking sites like Facebook. The best defense is to be skeptical. Ask questions to verify the caller’s identity. Call parents or other family members. Don’t be rushed. Don’t wire money, which is like sending cash and is impossible to recover. Never give credit card or bank account information over the phone.

Consumer Affairs can be reached at 845-340-3260.


                                                               
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Press Release - Bruce Chargois sentence

February 14, 2019, 1:55 pm
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FROM:  HOLLEY CARNRIGHT
DATE:  FEBRUARY 14, 2019
RE:  PRESS RELEASE – PEOPLE V. BRUCE CHARGOIS


On February 14, 2019 Bruce Chargois was sentenced by the Hon. Donald A. Williams to six months in the Ulster County Jail followed by five years of probation supervision on his conviction to Tampering With Physical Evidence.

Chargois was arrested by members of the Town of Saugerties Police Department in February of 2018 after an investigation into Instagram posts made by his son, Conner.  These posts expressed his envy for Columbine School shooters Eric Harris and Dylan Klebold.  Conner was a student at Saugerties High School at the time he made the posts.

During the investigation police learned that Bruce Chargois had moved several rifles, including an Uzi machine gun and an AR-15 assault rifle to a business warehouse he owned.  Members of the Saugerties Police Department determined that Conner Chargois had manufactured the guns in the basement of the family house.

Conner was previously sentenced on February 8th, 2019, to two years in state prison for possession of the assault rifles.

During a very emotional sentencing hearing Mr. Chargois addressed Judge Williams in a courthouse packed with supporters.  Chargois apologized to his family, the Saugerties community, and Saugerties High School where he and every member of his family had attended.  He also expressed remorse for his actions and accepted full responsibility for what he had done.


The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by Thomas Melanson, Esq.

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Press Release - Ryan Mann arrest

February 21, 2019, 8:24 am
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Ulster County Family and Child Advocacy Center
                                  PRESS RELEASE
                                           
                      
                             Ryan Mann 07/09/2001

  Investigators from the Ulster County Family and Child Advocacy Center and The Village of Ellenville Police Department report the arrest of 17 y.o. Ryan Mann of Ellenville NY.

 On 02/05/2019, personnel from the Ulster County Family and Child Advocacy Center were requested to assist the Village of Ellenville Police Department with an investigation into the abuse of a 10 month child. The investigation revealed that Ryann Mann, on multiple occasions, did forcibly strike and restrict the breathing of his 10 month old daughter until she was rendered unconscious. 

  Ryan Mann was arrested and charged with Reckless Endangerment 2nd  and Endangering the Welfare of a Child Under (Both misdemeanors).  He was arraigned in the Village of Ellenville Court before the Honorable Matthew Parker and remanded to Ulster County Jail in Lieu of $15,000 cash bail where he remains. 

  Today, District Attorney Holley Carnright announced that a as a result of a continued investigation conducted by the Ulster County Ulster County Family and Child Advocacy Center and the Village of Ellenville Police Department  that his office was levying additional charges of Reckless Endangerment 1st(2 counts) and Strangulation 2nd (2 counts) all felonies.  

   The Ulster County Family and Child Advocacy Center is comprised of members of the Ulster County District Attorney’s Office, Ulster  County Sheriff’s Office, New York State Police and  Ulster County Child Protective Services. 

The Ulster County Family and Child Advocacy Center also provides other services to child victims including medical treatment, trauma therapy and family advocacy. Any information or questions may be referred to the Ulster County Family and Child Advocacy Center at 845-334-5155.
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Press Release - Report a Problem to the F.D.A.

February 22, 2019, 7:00 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 22, 2019
RE: PRESS RELEASE – REPORT A PROBLEM TO THE F.D.A.


Consumers can play an important public health role by reporting to the Food and Drug Administration (FDA) any adverse reactions or other problems with products the agency regulates, according to the Ulster County District Attorney’s Division of Consumer Affairs. The FDA is responsible for ensuring that foods are safe, wholesome, and correctly labeled. It also oversees medicines, medical devices (from bandages to artificial hearts), blood products, vaccines, cosmetics, veterinary drugs, animal feed, and electronic products that emit radiation (such as microwave ovens and video monitors), ensuring that these products are safe and effective. The FDA also regulates tobacco products.

When problems with FDA-regulated products occur, the agency wants to know about them and has several ways for the public to make reports. Timely reporting by consumers, health professionals, and FDA-regulated companies allows the agency to take prompt action. The agency evaluates each report to determine how serious the problem is and, if necessary, may request additional information from the person who filed the report before taking action. The FDA can be reached online at www.fda.gov, or by calling 1-888-INFO-FDA (1-888-463-6332).

Consumer Affairs can be reached at 340-3260.
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Press Release - Christopher Gertz sentence

February 22, 2019, 11:58 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 22, 2019
RE: PRESS RELEASE -  PLATTEKILL MAN SENTENCED TO 15-LIFE FOR SEXUAL ABUSE OF STEP-DAUGHTER
     Following his conviction after trial 41 year old Christopher Gertz, Jr., of Plattekill, was sentenced to 15 years to life in prison for the violent felony of Sexual Abuse in the 1stcommitted against his 12 year old step-daughter in September of 2017. Gertz lived in the same home in Plattekill with the victim and her mother at that time. 

The abuse occurred at night on September 14, 2017. The child complained to her mother very early in the following morning that her “dad” (step-dad) had inappropriately touched her private areas and that he may have taken pictures with his smart phone in the process. The mother called the defendant to return home from his way to work and confronted him with the allegation. Gertz denied the allegation and commented that the 12 year old girl dreamt it.

When the mother left with the child to report the incident to the police the defendant fled from Ulster County to Indiana where he hid out. Investigators from the Ulster County District Attorney’s Child Advocacy Center enlisted the help of Fulton County Sheriff’s Department in Indiana to find and arrest him. Gertz was then extradited on November 14 of 2017 to Ulster County to answer for the sexual abuse of the child. During the investigation the defendant’s smart phone was found in the water-tank of a toilet at the home where he was hiding out.

This conviction is the third felony conviction for Christopher Gertz, Jr.; he also has five other criminal convictions. While the maximum sentence under New York law for Sexual Abuse in the First Degree is 7 years in prison, Gertz was sentenced under New York’s “three strikes rule” following a hearing to determine the appropriate sentence. County Court Judge Williams determined that Gertz’s criminal history and character warranted an extended period of incarceration and life-time supervision, especially considering his significant record of domestic violence and abuse against women. Judge Williams found Gertz to be a persistent felony offender, and sentenced him accordingly.

Christopher Gertz was represented in the trial by Kingston attorney Bryan Rounds of the Public Defender’s Office.  The case was prosecuted by Emmanuel Nneji, Sr. Assistant District Attorney.


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People v. Johnnie Lancaster press release

February 27, 2019, 1:17 pm
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             PRESS RELEASE – JOHNNIE LANCASTER VERDICT

     Johnnie Lancaster, 25, of Lawrenceville St., Town of Ulster, was convicted by a trial jury on Wednesday February 27, 2019, of the felonies of Burglary in the First Degree and Criminal Possession of a Weapon in the Third Degree.

     The jury deliberated for approximately nineteen minutes before reaching a verdict.

     Lancaster was arrested by the New York State Police on March 1, 2018, after a DNA hit from the New York State CODIS database linked his DNA profile with blood found at the scene of a burglary which occurred on Old Stage Road in the Town of Saugerties on February 23, 2018.

     On February 23, 2018, the homeowners awoke to find an arrow embedded in their living room wall and a broken window indicating that the arrow had been shot into the home. An axe with blood on the handle was also found at the scene. A screen on an enclosed porch had been torn and door on the porch were unlocked. Blood evidence was found on the porch and near a broken basement window. All of the blood evidence matched the single DNA profile of Lancaster. No one was injured nor was any property taken from the home.

     On February 28, 2018, neighbors near Old Stage Road called police after discovering a crossbow and arrows along with a backpack in a wooded area. Inside the backpack was a cellphone SIM card linked to Johnnie Lancaster. Blood was also found on the crossbow matching the same single profile of Lancaster.

     The crossbow was a model designed to kill large game such as bear and deer. To load the crossbow, it required 150 pounds of force to create tension on the cord which holds the arrow in place. The crossbow was fired into the home from the enclosed porch through closed blinds in an area where children in the home played. There was no evidence that Lancaster knew the homeowners.

     Lancaster faces up to 25 years in state prison when he is sentenced by Judge Donald Williams, who presided over the case.

     The case was prosecuted by Senior Assistant District Attorney Gerard Van Loan and Johnnie Lancaster was represented by Mikael Cohn of the Ulster County Public Defender’s Office.
      
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Press Release - Towing & Storage

February 28, 2019, 11:45 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 28, 2019
RE: PRESS RELEASE – TOWING & STORAGE


According to the Ulster County District Attorney’s Division of Consumer Affairs, towing companies are not licensed by either the state or county. Some local municipalities license these businesses, but not all. Towing and storage fees are, therefore, generally not regulated.

The state, however, does require towing companies to have a sign posted stating how fees are calculated and what the per-day storage fee is. Consumer Affairs (tel # 845-340-3260) advises retrieving your car as quickly as possible, as storage fees are based on the amount of time the vehicle remains at the facility.




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Press Release - Tech Support Scams

March 7, 2019, 8:32 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 7, 2019
RE: PRESS RELEASE – TECH SUPPORT SCAMS

You get a call from someone who says he’s a computer technician. He might say he’s from a well-known company like Microsoft or Dell, or maybe your internet service provider. He tells you there are viruses or other malware on your computer. He says you’ll have to give him remote access to your computer or buy new software to fix it. But is the call legitimate? According to the Ulster County District Attorney’s Division of Consumer Affairs, no it is not. These scammers might want to sell you useless services, steal your credit card number, or get access to your computer to install malware, which could then let them see everything on your computer. Consumer Affairs suggests the following…


  • ·       Hang up– never give control of your computer or your credit card information to someone who calls you out of the blue.



  • ·       Report the scam call to the Federal Trade Commission (FTC).




  • ·       Call the FTC at 1-877-FTC-HELP (1-877-382-4357),or…



  • ·       Go online: ftc.gov/complaint.


Your complaint can help protect others. By filing a complaint, you can help the FTC’s investigators identify imposters and stop them. Consumer Affairs can be reached at 845-340-3260.
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Press Release - Consignment Scams

March 15, 2019, 7:49 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 15, 2019
RE: PRESS RELEASE – CONSIGNMENT SCAMS



CONSIGNMENT CAVEAT: TIPS TO AVOID MISUNDERSTANDINGS, SCAMS AND PROPERTY LOSS


A dealer offers to take one or more items on consignment and remit payment when they’re sold.  The risk is not knowing how much the item sold for or if it sold at all. The Ulster County District Attorney’s Division of Consumer Affairs suggests before entering into a consignment agreement, a consignor should make sure they have a signed contract and receipt, plus photographs of items left with the consignee, serial numbers (if available) and copies of an appraisal (for high-end items). The agreement/contract should state: the business’ responsibility in case of damages to the goods or theft; the consignment shop’s fees or their percentage of the sale price; who pays for shipping and promotional responsibilities (where applicable); and a provision that the item returns to the owner in the event of the shop’s closure or bankruptcy or within a specified time.  Consumer Affairs can be reached at 340-3260.


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Press Release - Joshua Imboli

March 21, 2019, 11:43 am
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Ulster County Family and Child Advocacy Center
                                  PRESS RELEASE
                                  
                                  
                          Joshua Imboli 01/29/1994 

     Investigators from the Ulster County Family and Child Advocacy Center report the arrest of 25 y.o. Joshua Imboli of Poughkeepsie NY .

     On 03/05/2019, the Ulster County Family and Child Advocacy Center along with Detectives from the Town of Saugerties Police Department initiated an investigation into alleged abuse of a 5-month-old infant which occurred in the Village of Saugerties.  

     Following being airlifted to the Westchester Medical Center Pediatric Intensive Care Unit the child was diagnosed as having suffered a non-accidental traumatic brain injury and was listed as being in critical condition. 

     The subsequent investigation revealed that the 5-month-old child had suffered from Abusive Head Trauma (Formerly referred to as shaken baby syndrome).

     On March 21, 2019 Joshua Imboli was arrested and charged with (1) count of Reckless Assault of a Child (Felony).  He was arraigned in the Village of Saugerties Court and remanded to Ulster County Jail in Lieu of $10,000 cash bail.  An Order of Protection was issued on behalf of the victim and Imboli was ordered to re-appear in the Village of Saugerties Court on 03/25/2019 at 5:30pm.

     The Ulster County Family and Child Advocacy Center comprised of members of the Ulster County District Attorney’s Office, Ulster County Sheriff’s Office, New York State Police and Ulster County Child Protective Services.  

     The Ulster County Family and Child Advocacy Center also provides other services to child victims including medical treatment, trauma therapy and family advocacy. 

Any information or questions may be referred to the Ulster County Family and Child Advocacy Center at 845-334-5155.
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Press Release - Church Text Scam

March 27, 2019, 11:38 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 27, 2019
RE: PRESS RELEASE - NEW PHISHING SCAM USES CHURCH PASTORS’ NAMES                    AS BAIT


The basics of the scam are that church members get a text message from their pastor asking them to make a contribution by buying and sending gift cards. The messages have the pastor’s name and an email address that looks legitimate, but upon further inspection, the email address is actually from a provider different than the one the church typically uses. In some instances, the sender’s name may look correct but is missing a single letter.

According to the Ulster County District Attorney’s Division of Consumer Affairs, always be skeptical when asked to wire money or make payment through any form of gift card because once the money has been wired or sent in the form of a gift card it is gone forever.

The Federal Trade Commission (FTC) suggests:


  • ·       Don’t text back.

  • ·       Don’t click on any links within the message.

  • ·       Report the message to your cell phone carrier’s spam text reporting number.


 If you’re an AT&T, T-Mobile, Verizon, Sprint or Bell customer, you can forward the text to 7726 (SPAM) free of charge.

Consumer Affairs can be reached at 340-3260.
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Press Release - Deandre H. Green sentence

March 28, 2019, 6:51 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 28, 2019
RE: PRESS RELEASE – DEANDRE H. GREEN SENTENCE

Deandre H. Green, 20, of Kingston, NY, was sentenced in Ulster County Court on March 27, 2019 to two to six years in state prison on his convictions to 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. Green 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 then solicited these people to provide him with a copy of their payroll checks which he used as a template to create fraudulent checks. With this data Green then attempted fraudulent deposits and withdrawals.

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, although all but approximately $24,000.00 were not accepted by the various banks involved.

The investigation which led to the defendant’s indictment, spanned two years and led to both Green’s indictment and the arrest and prosecution of twelve other individuals.

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.  He is serving a 4 year prison term in a separate robbery out of Albany County.

The case was being prosecuted by Sr. Assistant District Attorney Elizabeth A. Culmone-Mills.  Defendant was represented by Eric Naiburg of the Ulster County Public Defender’s Office.


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Press Release - Driveway Repair Scams

April 4, 2019, 11:08 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 4, 2019
RE: PRESS RELEASE - DRIVEWAY REPAIR SCAMS


Spring is here and the Ulster County District Attorney’s Division of Consumer Affairs advises consumers to be alert for driveway repair scammers. The office cautions homeowners to be wary of businesses who solicit door-to-door; be wary of pressure to have the work done immediately; get a written estimate/contract beforehand and make certain the paperwork has the name, address and telephone number of the business; compare estimates; and always note license plate numbers and vehicle descriptions. 

Consumer Affairs can be reached at 340-3260.



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Press Release - Crime Victim's Rights Week

April 5, 2019, 11:49 am
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JUST IN TIME TO CELEBRATE “VICTIM'S RIGHTS WEEK”

The NYS Assembly and the NYS Senate passed Governor Andrew Cuomo’s “Justice Reform Bills” last week. 

Next week is Crime Victim's Rights Week. 

How ironic.  

I opine that the passage of these Bills represents the most dramatic set back to justice in New York State’s history. Clearly, they do more to risk a crime victim’s safety than any criminal justice laws I have ever reviewed.
Here are a couple of provisions in the “Reform” Bills.

1. A defendant who has committed a crime on your private property now has the right to seek to “inspect the crime scene”. People who commit rape, sexual assault of a child and domestic violence now have been given the right to seek a court order to go into your home.

2. Every witness to a crime and every victim of a crime will now have their name and contact information given to the defendant within 15 days of his arraignment.  Parenthetically, bail for most cases has been abolished.  In other words the individual who receives this information will not be incarcerated.  The intent of the statute is to allow the accused access to the victim or witness.

3.  Since the inception of the Grand Jury system a person’s testimony before the Grand Jury is kept secret unless and until the case goes to trial. This is an attempt to encourage citizens to cooperate in criminal investigations without fear of intimidation or reprisal. With the passage of the “Reform” Bills Grand Jury secrecy has been abolished. The prosecution must now turn over to the defendant all Grand Jury testimony.

At the time of the posting of this memo I have not been able to confirm each of the Ulster County representatives who voted in favor of these Bills. May I suggest that you reach out to your representatives and inquire.  

Sen. James Skoufis                      Sen. Jen Metzger             
1093 Little Britain Road                201 Dolson Avenue, Suite F
New Windsor, NY 12553                   Middletown, NY 10940
567-1270                                344-3311

Sen. George Amedore                     Sen. James Seward
721 Broadway, Suite 100                41 S. Main Street
Kingston, NY 12401                      Oneonta, NY 13820
331-3810                                607-432-5524

Assemblyman Brian Miller                Assemblyman Chris Tague
Legislative Office Bldg. 544            45 Five Mile Woods Rd Bldg 2
Albany, NY 12248                        Catskill, NY 12414
518-455-5334                            518-943-1371


Assemblyman Kevin Cahill                Assemblyman Jonathan Jacobson
1 Albany Avenue                         154 North Plank Road
Kingston, NY 12401                      Newburgh, NY 12550
338-9610                                562-0888



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Press Release - Anthony Isaac sentence

April 8, 2019, 8:32 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 8, 2019
RE: PRESS RELEASE – ANTHONY ISAAC SENTENCE

On April 4, 2019 Anthony Isaac, age 29, of Kingston, was sentenced in Ulster County Court to 8 years in prison on his conviction to Criminal Possession of a Weapon in the second degree.  Isaac’s conviction stems from his possession of a loaded .357 revolver.  In 2010, when the defendant was 20 years old he was convicted of Criminal Possession of a Controlled Substance in the seventh degree (cocaine) and placed on 3 years’ probation.  In 2011, while still on probation, defendant was arrested and convicted of Criminal Possession of a Weapon in the second degree for possession of a loaded firearm and was sentenced to 9 years in prison.  He was released to parole in May of 2018 and was on parole supervision when he was arrested for his current charge.


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Press Release - Proms/Graduation

April 8, 2019, 10:57 am
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FROM:  MICHAEL J. KAVANAGH
       CHIEF ASSISTANT DISTRICT ATTORNEY

DATE:  APRIL 8, 2019

SUBJECT:  PRESS RELEASE-PROMS/GRADUATION

Michael J. Kavanagh, Chief Assistant District Attorney of Ulster County, issued today the following public service announcement:

We are fast approaching that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint.

Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county, along with much of the rest of the nation, has experienced its tragic results.

Under certain circumstances, allowing property to be used in a manner where underage drinking is taking place may constitute a crime. Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old. A violation of this section is a class A misdemeanor, punishable by up to one year in jail or a $1,000.00 fine, or both. There is a similar section in the Alcohol Beverage Control Law of the State of New York, also a misdemeanor.

In addition, on February 19, 2008, the County of Ulster passed “Local Law Number 2 of 2008,” which, in pertinent part, provides that “no person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.” It defines “open house party” as “a social gathering at a residence or other private property with minors present.” A violation of this law is punishable by a fine not exceeding $250.00 or imprisonment not exceeding 15 days, or a combination thereof.  Furthermore, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.

We are pleased that a number of school districts in Ulster County have taken measures to prevent drinking by students at school-related functions and to deter the consumption of alcoholic beverages by individuals less than 21 years old. The administration, faculty, and students of such districts are to be commended for their creative initiatives to discourage alcohol and drug use by students.

And so we ask that if you permit the use of your home for a prom, graduation, or other school-related event, you monitor the situation carefully to insure that all minors in attendance conduct themselves in a responsible and legal manner. In addition, I ask that if your child is contemplating using a limousine service to transport him or her to an event, you remind the owner/operator of such service of their responsibility in insuring compliance with the laws governing underage drinking.

As a result of the efforts of the Ulster County District Attorney’s Office, the Law Enforcement Agencies of our county, the Ulster County Underage Drinking Prevention Team, and the STOP DWI Task Force, the dangers presented by underage drinking have been identified and continue to be addressed. Any assistance you can render in that regard will be greatly appreciated by all of us, and more importantly, may save the life of one or more of our children.





Ulster County Website:  www.co.ulster.ny.us



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