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JOSEPH RODRIGUEZ UNANIMOUSLY AFFIRMED

January 22, 2016, 11:49 am
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Yesterday, January 21, 2015, the Appellate Division, Third Department unanimously affirmed the February 10, 2014 conviction of Joseph Rodriguez following a jury trial in the Ulster County Court (Williams, J.) of the crime of murder in the second degree for the brutal beating of his two year old niece Asia who lived with the defendant and his family.

The two year old’s badly beaten body was found on the afternoon of June 20, 2012 outside the Rodriguez home partially buried under a pile of leaves.  An autopsy performed the following day revealed that the cause of the young child’s death was severe skull fractures with brain injuries due to blunt force trauma.  In addition to these horrific injuries, the victim had abrasions, lacerations and bruises all over her body.

Rodriguez, who has a 1993 conviction for Manslaughter for the bludgeoning death of a woman in New York City, was sentenced by County Court Judge Donald A. Williams to the maximum term of imprisonment, 25 years to life. 

On appeal, the defendant challenged both the legal sufficiency and weight of the evidence in regard to the proof as to his identity as the perpetrator of this horrific crime.  The Appellate Division, Third Department, however, found both of these claims to be without merit given the absolutely overwhelming proof establishing defendant’s guilt.  The Appellate Division, Third Department also rejected defendant’s arguments that his statements to a child protective services worker should have been suppressed because the CPS worker was an agent of the police, as well as defendant’s claims that his wife Dahlia Rodriguez’s testimony against him was barred by the marital privilege.  While the defendant also maintained that County Court made numerous erroneous evidentiary rulings and that District Attorney Carnright made improper inflammatory comments during his summation, the reviewing court found these claims either to be without merit or unpreserved for appellate review. 

On appeal, the defendant is represented by Paul J. Connolly, Esq. of Delmar, New York.  Jason Weinstein, Esq. of the New York Prosecutor’s Training Institute handled the appeal for the District Attorney’s Office.
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Press Release - Tony Wallace Sentence

January 27, 2016, 11:06 am
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FROM: HOLLEY CARNRIGHT
DATE: JANUARY 27, 2016
RE: PRESS RELEASE – TONY WALLACE

Tony Wallace, 44, from Wallkill, was sentenced in Ulster County Court on Tuesday, January 26, 2016 to 4 months of intermittent jail and 5 years probation plus restitution. In addition, Wallace has been disqualified from receiving social services benefits for 1 year.

Wallace was convicted of a Class D felony of Welfare Fraud in the third degree for having, over a period of almost two years, illegally obtained benefits in the amount of $60,647 from the Ulster County Department of Social Services by failing to report income being earned by him. 

Wallace’s thefts were discovered by the Special Investigations Unit in the Ulster County Department of Social Services.  The matter was prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Wallace is represented by Todd Carpenter, Esq. of Poughkeepsie. 
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MICHAEL ORAMAS

February 2, 2016, 6:51 am
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RE:     People v. Michael Oramas                 

     ACCORD MAN GETS JAIL FOR KILLING GIRLFRIEND’S DOG

       A 31-year-old Accord man was sentenced Thursday in Ulster County Court to six months in jail and five years of probation for killing his girlfriend’s dachshund dog, Roxy. Judge Williams granted the DA’s request that Oramas receive counseling and forfeit his right to own or care for any animal after his release from prison.  

In October of 2015 Oramas pleaded guilty in Ulster County Court admitting that he had inflicted injuries that caused Roxy’s death on March 26, 2015. Roxy died from blunt force trauma injuries which included broken ribs, punctured lung, and broken mandible, as well as other internal injuries inflicted upon her for urinating on household furniture. Roxy was 8 years old.  

According to the Assistant DA, Emmanuel Nneji, the dog’s owner has a four year old son and is engaged to, and resides with, Oramas; she was present in court and sought to have him sentenced to probation with counseling.

 

 

 
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Michael Mink

February 2, 2016, 8:34 am
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SUBJECT: PRESS RELEASE – MICHAEL MINK

 

 

On February 1, 2016, a jury of 7 men and 5 women convicted Michael Mink, of Albany, New York, age 40, of the crimes of Driving While Intoxicated, and Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, class E felonies. The jury found that on February 20, 2014 the defendant was driving a gray Chrysler, while intoxicated, on Queens Highway in the Town of Rochester.  At the time he was driving the vehicle, the defendant’s license had been revoked as a result of a prior felony DWI conviction.   

The evidence at trial showed that on February 20, 2014, at approximately 9:30 pm, Deputy Kyle Frano, of the Ulster County Sheriff’s Office was responding to a 911 call for a fight on Cathy Jo Place in Accord, NY.  While responding to that location, information was developed that the defendant had left the scene in a gray Chrysler sedan and was driving in an intoxicated condition on Queens Highway heading toward Route 209, intending to drive back to his residence in Albany.  While this information was being relayed, Deputy Frano, observed the vehicle on Queens Highway.  As Deputy Frano was turning around the gray Chrysler pulled into the Citgo gas station located on the corner of Queens Highway and Route 209.  In the Citgo gas station parking lot Deputy Frano observed the defendant exiting the driver’s seat of the vehicle and his girlfriend coming around the vehicle.  The defendant attempted to convince the Deputy that his girlfriend had been driving the vehicle.  However, a video from the camera located in Deputy Frano’s police vehicle showed defendant’s girlfriend stating that she had not been operating the vehicle that night.  

At trial, defendant’s girlfriend attempted to convince the jury that, despite what she said in the video, she had been the driver.  Upon his arrest for DWI, the defendant had refused to submit to a breathalyzer test and the evidence of his refusal was presented to the jury. 

This is the defendant’s fourth conviction for an alcohol related driving offense and second felony DWI.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Kevin O’Brien, Esq. of Anelli Xavier.

 

 
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census bureau survey

February 2, 2016, 11:16 am
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 I’VE BEEN CONTACTED BY THE U.S. CENSUS BUREAU. IS THIS A REAL SURVEY?

According to the District Attorney’s Division of Consumer Affairs, to verify the legitimacy of a survey, call the Census Bureau’s New York Regional Office at 212-584-3400 or 1-800-991-2520. Many questions about the Bureau and its mission can be answered on the website, www.census.gov.

 

Consumer Affairs can be reached at 340-3260.

 
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Patrick Ferguson

February 4, 2016, 11:15 am
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The Appellate Division, Third Department has unanimously affirmed the May 15, 2013 conviction of Patrick Ferguson upon a jury verdict convicting him of the crime of robbery in the first degree, a class B violent felony.  

Defendant’s conviction stems from an incident which occurred in the early evening hours of May 20, 2012 during which the victim, a native of Honduras, was approached and attacked at knifepoint by the defendant and co-defendant Rosie Ramirez, near Broadway and Downs Street in the City of Kingston.  After the victim was accosted, the defendant put a knife to his throat and forced him into the first floor apartment at 190 Tremper Avenue where the defendant and Ramirez both lived.  Once inside, a violent struggle ensued during which the defendant was cut by the knife.  The victim eventually managed to escape from the apartment, but only after the defendant tried to stab him and stole his valuables, including cash and a gold ring.   

Following his conviction, defendant was sentenced by County Court Judge Donald A. Williams to a 10 year term of imprisonment to be followed by five years of post-release supervision and ordered to pay restitution to the victim in the amount of $1,400. 

On appeal, the defendant, attacking the validity of the search warrant executed by Kingston Police, argued only that there was no basis to justify the issuance of an all hours warrant.  The Appellate Division, Third Department, however, disagreed with defendant’s assertions, noting that the nighttime search of the defendant’s apartment was reasonably necessary because of the potential loss of evidence which was essential to the continued progress of the investigation and the whereabouts of the suspects of this violent crime were still unknown.  

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

 
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February 5, 2016, 11:33 am
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DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: BROOKLYN MAN CONVICTED OF TWO COUNTS OF WEAPON POSSESSION AND RECKLESS ENDANGERMENT   

Riis Silver, AKA “Flea”, 22, of Decatur Street in Brooklyn was found guilty by a jury of six men and six women on Thursday, February 4, 2016,  following a three day trial in Ulster County Court of two counts of Criminal Possession of a Weapon in the Second Degree, as well as one count of Reckless Endangerment in the First Degree.  The defendant faces up to fifteen years in state prison.   Ulster County Court Judge, Hon Donald A. Williams, scheduled the sentencing for April 8, 2016.   

The defendant was convicted of shooting an illegal .40 caliber handgun at a woman on October 26, 2014, at the corner of Cedar Street and Prospect Street, in the City of Kingston.  The defendant fired seven shots striking her vehicle in the fender, hood and the windshield.  The defendant left the scene and was subsequently arrested for drug and illegal gun charges in the State of Delaware.  The defendant pled guilty on July 15, 2015 to Drug Dealing Tier 4 Heroin, in Superior Court, Georgetown Delaware and was serving a four year sentence when he was extradited back to New York to face these charges on September 4, 2015.   

The defendant is a known member of the “Sex, Money Murder” gang. 

            The case was investigated by the Kingston Police Department, which was also instrumental in tracking down the defendant and producing him from Sussex Correctional Facility in Georgetown. 

The case was tried by Assistant District Attorney Joey Drillings.  The defendant is represented by Mariann Connolly, Esq. of the Public Defender’s Office in Kingston. 

 
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Press Release - Allen Erhard Sentence

February 8, 2016, 1:50 pm
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TO:     MEDIA

FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   FEBRUARY 8, 2016

SUBJECT: PRESS RELEASE

On February 8, 2016, Allen Erhard, age 61, was sentenced by the Honorable Richard Mott to nine months in the Ulster County Jail for his conviction to a February 18th, 2014 felony Aggravated Unlicensed Operation of a motor vehicle in the first degree,  and nine months in the Ulster County Jail for a March 26th, 2015 Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree conviction, where he was driving while impaired after his license had been revoked for DWI. 

At the time of sentencing both the District Attorney’s Office and the Ulster County Probation Department recommended that the defendant be sentenced to state prison based upon his extensive criminal history.  In addition to the 2014 and 2015 charges referenced above the defendant has out of county DWI convictions which include a 2010 felony DWI for which he was sentenced to state prison, two additional felony DWIs (2004 and 1996) for which he received probationary sentences, a misdemeanor DWI conviction for which he was placed on probation, a misdemeanor DWI for which he was given a conditional discharge and three other alcohol related offenses which were reduced or plea bargained.

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Press Release - Meredith McSpirit

February 10, 2016, 12:54 pm
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TO: MEDIA
FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 10, 2016

RE: PRESS RELEASE - GRAND JURY INVESTIGATION COMPLETED REGARDING THE DEATHS OF JONTE CLARK, DANTE CRUMP, ADAM “JEFF” MCQUEEN, AND KAIREEM MEEKS JR, IN SAUGERTIES ON AUGUST 26, 2015.

At approximately 11:35 AM on August 26, 2015, police and emergency rescue workers responded to the area of 76 Dock Street in the Village of Saugerties and found an overturned vehicle. The vehicle had been driven over an embankment near Montgomery Street, became airborne, and landed on Dock Street.  The vehicle was operated at the time of the incident by 20 year old Meredith McSpirit.  In the vehicle were four passengers, Jonte Clark, Dante Crump, Adam “Jeff” McQueen and Kaireem Meeks Jr.  All four passengers were killed.

The January 5th, 2016 term of the Ulster County Grand Jury, after hearing evidence for several days from numerous witnesses, determined not to file criminal charges relating to this incident.
There are strict laws which prohibit me from sharing detailed information concerning the evidence that was presented to the Grand Jury.  However, there is some information that I can provide, information that was developed from the investigation prior to the Grand Jury proceeding.

My office was involved in the investigation of this matter from the onset.  I find the investigation conducted by the Town of Saugerties Police Department to be thorough and professional. We have also sought the assistance of various resources from the NYS Police.
Central to the investigation was the question whether there was evidence to suggest that the vehicle’s operator was impaired at the time of the operation of the vehicle.  That part of the investigation included interviews of individuals who had contact with or worked with Ms. McSpirit that morning, video of the operation of the vehicle prior to the crash, statements made by Ms. McSpirit to both medical personnel and law enforcement, and laboratory analysis of her blood.  The Grand Jury found that no such evidence of impairment exists.

In addition to the above inquiry our investigation included an accident reconstruction, analysis of the speed of operation of the vehicle, and an examination of the vehicle itself for mechanical defects.

Prior to this release we have spoken with many of the survivors of the four young men who were killed.  It is troubling, at best, not to be able to give them a concrete explanation as to how this terrible, terrible, tragedy occurred. The collective prayers and sympathies of my staff and the many investigators involved in this matter go out to them, small solace in the face of such a loss.
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Press Release - John Tozzi

February 17, 2016, 1:17 pm
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 17, 2016
RE: PRESS RELEASE – JOHN TOZZI

On October 24, 2015 officers of the New Paltz Police Department went to the apartment of John Tozzi at Route 32 South in the Town of New Paltz in response to a domestic violence complaint filed earlier that evening.  As one of the officers approached the door to the apartment his partner observed, through a window, a man approaching the door with a gun.  Just as the officer called out to his partner the occupant, John Tozzi, fired one round from a high powered rifle, which round went through the metal door where the officer had been standing a moment before.

Multiple officers arrived at the Tozzi residence.  From his barricaded position inside, Tozzi fired at least eight more rounds at officers as they took cover crouched behind their cars.  Three separate police vehicles were struck.  During the stand-off, as Tozzi approached a back window, an officer returned fire firing one round which struck Tozzi in the chest.  He was taken to a Westchester County hospital where he remained until approximately two weeks ago when he was transferred to a local medical facility. His condition deteriorated and, earlier this week, he died.

At the direction of and in cooperation with this office, no criminal charges were filed against Tozzi.  Instead, I advised the agencies involved that this office was preparing a presentation to the Ulster County Grand Jury seeking an indictment for multiple counts of Attempted Murder in the first degree (murder of a police officer) against Tozzi.  The reason for not filing the charges before the Grand Jury presentation was simply a practical one.  Once charges are filed against a defendant that individual becomes the responsibility of the arresting agency.  Here it would have become necessary to post around the clock security at the hospital.  In addition, I am advised that potentially, expenses regarding medical procedures following arrest could become the responsibility of the county.  Given Mr. Tozzi’s condition and the fact that he was not medically able to leave the hospital, I suggested that we delay the filing of the criminal charges pending the Grand Jury indictment and we have been monitoring Mr. Tozzi’s medical condition.

It has been the policy of this office to present police officer related shooting incidents to the Grand Jury and it is our intent to do so in this instance as well.  That matter has not yet been scheduled.  The fact that that case will be presented to the Grand Jury in no way reflects an opinion one way or the other regarding any wrong doing.  Parenthetically, at the time of this incident, the New York State Attorney General’s Office was advised of the circumstances.


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Press Release - Junk Faxes

February 18, 2016, 6:37 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 18, 2016
RE: PRESS RELEASE – JUNK FAXES


The Federal Communications Commission (FCC) rules under the Telephone Consumer Protection Act and the Junk Fax Prevention Act prohibit most unsolicited fax advertisements, according the Ulster County District Attorney’s Division of Consumer Affairs

FCC rules prohibit sending unsolicited advertisements to any fax machine – both businesses and residences – without the recipient’s prior express invitation or permission. Fax advertisements may be sent to recipients with whom the sender has an established business relationship (ERB), as long as the fax number was provided voluntarily by the recipient. A fax advertisement may be sent to an ERB customer if the sender also:
·        Obtains the fax number directly from the recipient through an application, contact information form or membership renewal form;
·        Or obtains the fax number from the recipient’s own directory, advertisement or site on the Internet, unless the recipient has noted on such materials that it does not accept unsolicited advertisements at the fax number in question;
·        Or has taken reasonable steps to verify that the recipient consented to have the number listed, if obtained from a directory or other source of information compiled by a third party.
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If the sender had an ERB with the recipient and possessed the recipient’s fax number before July 9, 2005 (the date the Junk Fax Prevention Act became law), the sender may send the fax advertisements without demonstrating how the number was obtained.

Consumer Affairs can be reached at 340-3260.

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Press Release - Tonya Valk Sentence

February 18, 2016, 11:29 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 18, 2016
RE: PRESS RELEASE – TONYA VALK SENTENCE

Tonya Valk, 45, from Saugerties, was sentenced to 2 1/3 to 7 years in state prison and ordered to pay restitution totaling $227,904.00 for her conviction to the charge of Grand Larceny in the third degree.

Valk’s charges stem from when she was working as a bookkeeper of an Ulster County business in charge of financial matters, including payroll, from January 1, 2008 to May 11, 2013.  Valk’s criminal pattern included forging checks and padding her salary with unauthorized increases. She was able to hide her embezzlement for years by generating false banks statements which she submitted to the company’s partners.

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


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Press Release - Maureen Leggett Plea

February 22, 2016, 11:34 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 22, 2015
RE: PRESS RELEASE – MAUREEN LEGGETT

Maureen Leggett, 53, from Red Hook, pled guilty on Friday, February 19, 2016 in County Court to the class D felony of grand larceny in the third degree.  

Leggett working as a bookkeeper in charge of financial matters for a local business in Ulster Park stole a total of $155,594.00 over a period from January 23, 2013 to April 6, 2015.  Leggett’s criminal pattern included unlawful use of the business credit card, of the owner’s personal credit card, unlawfully writing checks and depositing the stolen monies into her husband’s account. This is the defendant’s third felony arrest for Grand Larceny and Falsifying Business Records. She was convicted in both 2006 and 2009 for similar schemes.  

Leggett is scheduled to be sentenced in Ulster County Court on April 22, 2016. She faces up to 3 ½ to 7 years in state prison.  The case is being prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Leggett is represented by Mitch Spinac, Esq. and Carol Morgan, Esq. of Kingston. 

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Press Release - Durwin Ennist

February 24, 2016, 6:57 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 24, 2016
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES -  KINGSTON MAN  SENTENCED FOR RAPE OF MINOR

Durwin Ennist, AKA “Charms”, 34, of 380 Boulevard, Kingston, was sentenced Tuesday, February 23, 2016, in Ulster County Court by County Court Judge Donald A. Williams for his conviction to Rape in the Second Degree.  Ennist received a sentence of five years in prison and ten years post-release supervision.  He will be required to register under the New York State Sexual Offender Registration Act for at least twenty years.  Additionally, a full “Stay Away” Order of Protection was issued for the victim until 2039.  Ennist was also ordered to pay $1,425.00 in court fees.

The case stems from an incident where the defendant, Ennist, engaged in sexual intercourse with the victim, 14, at 121 Clinton Ave., City of Kingston, on January 1, 2015, in the early morning hours. 

The defendant was represented by Mariann Connolly, Esq. of Kingston,New York.  The case was prosecuted by Assistant District Attorney, Joey Drillings.




 



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Press Release - Consumer Bill of Rights Regarding Tax Preparers

February 24, 2016, 11:36 am
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FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 24, 2016
RE: PRESS RELEASE - CONSUMER BILL OF RIGHTS REGARDING TAX PREPARERS


Taxpayers who use the services of paid tax preparers are entitled to protection from unfair treatment, according to the Ulster County District Attorney’s Division of Consumer Affairs (340-3260).

While most tax preparers act within the law and treat their clients fairly, there are some that don’t. The Consumer Bill of Rights Regarding Tax Preparers describes your rights and contains important information about how to protect yourself from unfair practices. This publication is available from the New York State Department of Taxation and Finance website at www.tax.ny.gov, or call 518-457-5181.




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Press Release - Napoli Conviction

February 26, 2016, 8:29 am
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FROM:   HOLLEY CARNRIGHT
 DATE:   FEBRUARY 26, 2016
 SUBJECT: PRESS RELEASE – ERIC NAPOLI CONVICTION

On February 25, 2016, an Ulster County jury of four men and eight women found Eric Napoli, age 44, guilty of Aggravated Cruelty to Animals, a felony. The case stemmed from Napoli’s arrest by members of the Town of Shawangunk Police Department on April 19, 2015.

The evidence at trial established that on April 16, 2015 the defendant tied his housemate’s 6 year old huskie, Luna, to a tree in his back yard and shot her to death using a shotgun loaded with leaded birdshot.

Luna’s owner, a Pine Bush school teacher, was called as the prosecutor’s first witness.  She explained that she had adopted Luna as a rescue dog after Luna was left, abandoned, tied to a tree and that she and her family loved Luna as much as if Luna were her own daughter. She testified that on April 16th, just as her students were getting on the bus, she received calls and texts from the defendant threatening that if she did not take Luna to the pound he was going to f…..ing kill her. She immediately sped home to get Luna and move to a safe place. When she arrived home Luna was tied to a tree but seemed unharmed, physically.  She went into the house to pack a couple of personal items to leave when she heard two gunshots and heard Luna yelp.


At trial the defendant took the stand in his own defense and testified to the jury that he came home and found Luna standing over his deceased cat. He testified he believed Luna killed his cat, although he did not witness his cat die, and, on cross examination, admitted that he had a pitbull which also resided in the home at the time, and that Luna had never acted aggressively toward the cat. Defendant further testified that after giving his roommate the option of taking Luna to the pound or shooting her, the roommate acquiesced to him shooting Luna to death, which Luna’s owner adamantly denied.

Defendant has a lengthy criminal history of Alcohol related offenses which under, New York State Law, the jury was not entitled to hear about. In addition, the defendant has a pending charge of Felony Driving While Intoxicated in Orange County.

Sentencing is scheduled on April 22, 2016 in front of Judge Donald Williams. He faces a sentence of up to two years in jail.
The case was prosecuted by Assistant District Attorneys Paul Derohannesian and Emmanuel Nneji. The defendant was represented by attorney Thomas Petro.  

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District Attorney Annual Report 2015

March 1, 2016, 1:17 pm
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                              2015
 
                 ULSTER COUNTY
             DISTRICT ATTORNEY
                ANNUAL REPORT


The District Attorney is an independently elected public official.  The District Attorney has the sole responsibility for the prosecution of all crimes and offenses which occur within the geographic confines of the county in which he holds office.

OUR MISSION STATEMENT

The simple fact is that public safety and economic prosperity go hand in hand.  One cannot exist without the other.  For us to prosper as a community, our citizens must be safe.

BUDGET

In 2015 the Ulster County District Attorney budget was $4,123,117.00. Of this total $3,656,679.00 was for personnel expenses. In 2015 our office received $626,600.00 in non-forfeiture, non-county taxpayer revenues.


COLLABORATION WITH OTHER COUNTY DEPARTMENTS OR OUTSIDE AGENCIES

The Department of Social Services: Investigation and prosecution of social services fraud, prosecution of deadbeat child support obligators, and our joint task force regarding Crimes Against Children through the Child Advocacy Center (CAC).

Police agencies: We work hand in hand with all police agencies that serve the people of Ulster County in training, investigations and prosecution of all criminal behavior committed in Ulster County.

State agencies: We collaborate with NYS Department of Tax and Finance, the NYS Comptroller’s Office and the NYS Attorney General’s Office.

Federal agencies: We work with the US Attorney’s Office and all federal agencies that assist them, to wit, the US Marshalls, the FBI, Customs and Immigration, Secret Service and AUSA.

2015 IN REVIEW

In 2015 we filed 146 indictments and 160 Superior Court (felony) Informations.  We conducted 21 felony jury trials which resulted in 17 convictions.  Our overall felony conviction rate including felony pleas was well over 90%.

CARP: (Crimes Against Revenue). Under our Crimes Against Revenue prosecutions we recovered $306,388.00, and procured an additional $168,361.00 in court ordered restitution. Many of our fraud prosecutions are a result of our coordination with Ulster County Department of Social Services investigators. Through this coalition we entered into civil settlements as a result of fraud investigations that did not result in prosecutions but reduced the social services rolls by $42,394.00.


DOMESTIC VIOLENCE: We continue our fight against domestic violence. Domestic Incident Reports (DIR’s) in Ulster County in 2015 were 1373, the lowest number reported since 2004.  We will continue our focus on domestic violence awareness and prosecution and will continue to work closely with the Ulster County Interagency Council on domestic violence and the Child Advocacy Center.

SIGNIFICANT CASES IN 2015

2015 will stand out as one of the most challenging years in memory in terms of significant felony prosecutions.  In back to back trials, Kenneth Stahli was convicted of the murder of a 2 year old boy and, the following month David Reese was convicted of the murder of a co-worker at the Department of Environmental Protection Agency.  Both defendants received sentences of 25 years to life. A third individual was also sentenced to life for Murder. Basheem Bennett, received a 25 to life sentence regarding an Easter shooting in a New Paltz college bar.

Our Special Victims Bureau Chief was particularly challenged in 2015. In addition to trying the Reese Murder case she prosecuted two sex offenders who received life sentences.  Troy Swartz received a sentence of 25 to life for being a persistent felony offender for his convictions for sexual abuse and strangulation and Kaj Erik Eriksen received a sentence of 25 years to life on his convictions for being a sexual predator.

A number of individuals received significant state prison sentences for Robbery and Weapons possessions.  Devin Gray received 15 years regarding a shooting in Kingston; four individuals were convicted and sentenced for their involvement in a shooting at the “Home” Night Club in Lloyd; Ryan Noval was sentenced to 14 years for a robbery in Ellenville; Ruben Rodriguez was sentenced to 16 years for a Plattekill armed robbery; Malcolm Jemmott received 15 years for weapons possession in a Kingston City case; and Jahson Marryshow received 15 years for arson and bank robbery out of Woodstock. 

2015 also saw a number of significant larceny and fraud convictions including Tonya Valk regarding the embezzlement of $227,000.00; Michael Denardo regarding a $250,000.00 larceny from the Wallkill Fire District and John Benkert for a $320,000.00 larceny scheme out of Kingston.

Our office continues to aggressively prosecute animal cruelty cases and in 2015 we saw the convictions of Matthew Miller and David Moors.

ADMINISTRATIVE CHANGES

Last year one of Ulster County’s most important criminal justice personnel, Chief Assistant District Attorney John Tobin, retired. John was an integral part of the success we have enjoyed here at the office and we will miss him. Taking over as Ulster County’s Chief Assistant District Attorney is Michael J. Kavanagh.

CONCLUSION

The extraordinary success we continue to register here at the Ulster County District Attorney’s Office is a testament to the dedication and talent of as fine a group of assistant district attorneys and investigators as there are in New York State.





    
    
    
         



    
    
    












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Press Release - Alan Edwards Plea

March 2, 2016, 11:35 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 2, 2016
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  MARBOROUGH MAN PLED GUILTY TO COURSE OF SEXUAL CONDUCT AGAINST A CHILD

Alan Edwards, 62, of 245 Mount Zion Road, Marlborough, pled guilty Wednesday, March 2, 2016, in Ulster County Court to the Class “B” violent felony of Course of Sexual Conduct Against a Child in the First Degree.

Edwards admitted that between October 1, 2014 and October 3, 2015, he engaged in two or more sexual acts, including at least one act of oral sexual conduct, with a child less than eleven years old.

The defendant was arrested on October 7, 2015, following an investigation by law enforcement officers assigned to the Ulster County Family and Child Advocacy Center and the Marlborough Police Department with assistance from the Ulster County District Attorney’s Office after a friend of the victims disclosed what he had done.       

“As is all too common, this defendant befriended one of the victim’s families and then utilized that friendship to gain access to innocent and vulnerable children,” quoted District Attorney Holley Carnright.
 

The defendant faces a prison sentence between five and twenty five years followed by a period of up to twenty years of post-release supervision.  The defendant will be required to register for life under the New York Sex Offender Registration Act.   

The case is being prosecuted by Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by Majer Gold of the Ulster County Public Defender’s Office. 



  

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Press Release - Frederick Smith Sentence

March 7, 2016, 7:58 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 7, 2016
RE: PRESS RELEASE – FREDERICK SMITH SENTENCE

On March 4thFrederick Smith of Poughkeepsie, NY, was sentenced to 15 years in State Prison on his conviction to Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony) after a two week trial that commenced on August 3rd, 2015. 

The case stemmed from events which occurred on January 25th, 2014, when at least 15 shots were fired by a crowd of patrons who had just exited the “Home” night club located at 3353 Rte. 9W in the Town of Lloyd. Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others responded to the call for shots fired and found one man, wounded by a gunshot, collapsed in the parking lot of the club. Frederick Smith, along with co-defendant’s Tahmel Gordon, Jaquan Higgs and DiMetri Moseley, drove away from the scene with Gordon driving. Police gave pursuit but the suspect vehicle did not pull over even though followed by several police vehicles with emergency lights and sirens activated. After approximately a mile, defendant’s vehicle was stopped on SR 9W near Milton Avenue by a police barrier.
Police surrounded the vehicle calling out commands for the defendants to show their hands and to exit the vehicle. Defendants ignored these commands. Defendant, Frederick Smith was seen throwing a loaded semi- automatic pistol out his door. Shortly after, Gordon was seen pulling a 38 cal revolver from his waistband and was shot twice by police. 

Once stopped, Frederick Smith got out of the vehicle and despite police ordering him not to move, ran into the woods with several officers in pursuit. Smith was apprehended and all defendants were arrested.

Gordon’s injuries were not life threatening.   

Smith is 25 years old with an extensive criminal history. He was convicted of a violent felony Assault in Dutchess County in 2012, and is currently serving a 7 year sentence for a Criminal Sale of a Controlled Substance, a class B felony, for selling narcotics in the City of Poughkeepsie in 2013. Smith also has numerous misdemeanor convictions.  

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens.  Smith was represented at trial by attorney Bryan Rounds and he was represented at sentencing by attorney Paul Gruner.



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Press Release - Top Consumer Complaints of 2015

March 8, 2016, 11:13 am
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FROM: HOLLEY CARNRIGHT
DATE: MARCH 8, 2016
RE: PRESS RELEASE – TOP CONSUMER COMPLAINTS OF 2015


The Federal Trade Commission has released its annual list of consumer complaints, according to the Ulster County District Attorney’s Division of Consumer Affairs. The Top 5 Consumer Complaints, nationally, of 2015 are:

  • 1. Debt collection
  • 2. Identity theft
  • 3. Imposter scams
  • 4. Telephone and mobile services
  • 5. Prizes, sweepstakes and lotteries

Here in Ulster County the Top 5 complaints filed locally by Ulster residents are:

  • 1. Home improvement/construction
  • 2. Professional services including billing, contracts
  • 3. Retail sales & service (including warranties)
  • 4. Mail fraud (fake checks, sweepstakes, lotteries)
  • 5. Credit/Banking/Other finance/Identity theft

Consumer Affairs advises consumers to be vigilant and not make hasty decisions in the marketplace. Remember, if it sounds too good to be true, it probably is. For further information or to file a complaint, contact the Ulster County District Attorney’s Division of Consumer Affairs at 340-3260.


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