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Press Release Nerville Thomas and Shawn McMillian

March 11, 2016, 11:07 am
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FROM:     HOLLEY CARNRIGHT
          ULSTER COUNTY DISTRICT ATTORNEY
DATE:     MARCH 11, 2016
SUBJECT: PRESS RELEASE – NERVILLE THOMAS AND SHAWN McMILLIAN

On March 8, 2016, Shawn McMillian was sentenced to 3 ½  to 7 years in state prison for his involvement in the theft of customer credit card information while employed as a sales associate at the Staples Store in Kingston. McMillian, whose criminal history includes a prior felony conviction, made over $26,000 in fraudulent charges to those credit card accounts.  He was also ordered to pay restitution. 
McMillian’s co-defendant, Nerville Thomas, entered a plea of guilty to Criminal Possession of Stolen Property in the Third Degree on December 10, 2015.  Thomas, who has no criminal history, made approximately $12,000 in fraudulent charges.  On March 10, 2016, Thomas was sentenced to 5 years probation and ordered to pay restitution. 
Both defendants used stolen credit card information to purchase American Express and Visa gift cards, which in turn, were used for personal purposes.  Their employment at the Staples store was terminated when the losses were discovered.





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Press Release - Tracy Setterlund Appeal

March 17, 2016, 11:22 am
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PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     MARCH 17, 2016



The Appellate Division, Third Department, has today unanimously affirmed the June 22, 2016 conviction of Tracy Setterlund upon his plea of guilty convicting him of the crime of operating a motor vehicle while ability impaired by drugs, “DWAI,” a class E felony.

On May 26, 2013, the defendant was stopped by police on Chapel Hill Road in the Town of Lloyd for failing to keep right.  When he was stopped, police observed the indicia of intoxication and defendant subsequently failed five of the seven field sobriety tests which police administered.  A blood test later revealed that he had a combination of drugs, including Hydrocodone and Oxycodone in his system. 

In 2011, defendant, pursuant to a negotiated plea agreement, pled guilty to DWAI as charged in a superior court information, admitted his prior DWI conviction and waived his right to appeal.  He was subsequently sentenced by County Court (Williams, J.) to five years probation, his license was revoked and fines and fees were imposed.  However, in 2014, the defendant violated his probation and County Court revoked defendant’s probationary sentence and imposed a prison term of one to three years to be served under parole supervision at the Willard State Prison Program with a three year conditional discharge that required him to install an ignition interlock device. 

On appeal the defendant challenged the voluntary nature of his plea and the validity of his appeal waiver. The Appellate Division, Third Department, denied defendant’s appeal since it was not filed in a timely manner.

On appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.



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Press Release - Avoid Tax Frauds

March 28, 2016, 6:41 am
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TO: MEDIA
FROM: HOLLEY CARNRIGHT
DATE: MARCH 28, 2016
RE: PRESS RELEASE – SPRINGS FRAUDS

Scam artists here and abroad defraud millions of people each year. They use the phone, email, postal mail and the internet to trick you into sending money or giving out personal information.

The Ulster County District Attorney’s Division of Consumer Affairs offers these 10 tips to avoid a scam:
·       Know who you’re dealing with– a post office box or cell number is not a reliable identifier.
·       Know that wiring money is like sending cash– never wire money to those who insist on wire transfers for payment.
·       Read your monthly statements– if you see a charge you don’t recognize or didn’t okay, contact your card issuer immediately.
·       After a disaster, give only to established charities– in the aftermath of a disaster, give to an established charity, rather than one that has sprung up overnight.
·       Talk to your doctor before you buy health products or treatments– what evidence exists to support a product’s claims?
·       Remember there’s no sure thing in investing – beware of low-risk, high- return investment opportunities and pitches that insist you act immediately.
·       Don’t send money to someone you don’t know– if you buy items through an online auction, consider using a payment option that provides protection, like a credit card……and be wary of that online love interest who asks for money.
·       Don’t agree to deposit a check and wire money back– if a check turns out to be fake, you’re responsible for paying back the bank.
·       Don’t reply to messages asking for personal or financial information– scam emails should be forwarded to spam@uce.govand then deleted.
·       Don’t play a foreign lottery– it’s illegal to play a foreign lottery and beware of having to pay “taxes,” “fees,” or “custom duties” to collect a prize.

The old clichés “if it sounds too good to be true....” and “there’s no such thing as a free lunch” are  more true today than ever.  If you are ‘elderly’, be wary.  Most of these scams are directed specifically to the elder, less computer savvy, generation. It’s always a good idea to double check with a friend, or family, or, you can always call us at the Ulster County Consumer Affairs Bureau, (845) 340-3260.  





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AVOIDING MONEY TRANSFER SCAMS

April 7, 2016, 10:29 am
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AVOIDING MONEY TRANSFER SCAMS

 

Scammers use a number of schemes to get your money, and many involve money transfers through  legitimate companies like Western Union and MoneyGram. According to the Ulster County District Attorney’s Division of Consumer Affairs, money transfers may be useful when you want to send funds to someone you know, but they’re completely unsafe when you’re dealing with a stranger.

Scammers will pressure people to use money transfers so they can get the money before their victims realize they’ve been cheated. Typically, there is no way you can reverse the transaction or trace the money. And, when you wire money to another country, the recipient can pick it up at multiple locations, making it nearly impossible to identify them or track them down. In some cases, the receiving agents of the money transfer company might be complicit in the fraud. Money transfers are virtually the same as sending cash – there are no protections for the sender.

Examples of scams involving money transfers are the counterfeit check scam (e.g., lotteries and sweepstakes, overpayment scams, mystery shopper scams), advance fee loans, family emergency scams and apartment rental scams.

Consumer Affairs can be reached at 340-3260.

 
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Press release - William Keener

April 7, 2016, 10:37 am
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The Appellate Division, Third Department has today unanimously affirmed the April 16, 2014 conviction of William Keener upon a verdict convicting him of the crime of aggravated unlicensed operation of a motor vehicle in the first degree and the traffic infraction of driving while ability impaired. 

Defendant’s conviction arises from his arrest on November 6, 2012 when he was observed on State Route 212 in the Town of Saugerties operating his vehicle without tail lights.  Police attempted to pull over his vehicle, but defendant continued driving for an additional three and one-half miles until he was eventually boxed in by two patrol vehicles.  He was subsequently charged with driving while intoxicated, two counts, aggravated unlicensed operation of a motor vehicle in the first degree, reckless driving and unlawful fleeing a police officer in a motor vehicle in the third degree.  Following a jury trial in the Ulster County Court, defendant was found guilty of aggravated unlicensed operation of a motor vehicle in the first degree and the traffic infraction of driving while ability impaired.  He was subsequently sentenced by County Court Judge Donald A. Williams to an indeterminate term with a minimum one and one-third to four years in State prison.    

On appeal to the Appellate Division, Third Department, defendant challenged the legal sufficiency of the evidence supporting his conviction of aggravated unlicensed operation of a motor vehicle in the first degree, argued that his statement to police and the results of his chemical test should have been suppressed and that he was deprived of a fair trial as a result of the procedure the Court followed in handling a note from the jury.  The Appellate Division reviewed and found defendant’s claims to be lacking in merit. 

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

 
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Pascarella trial

April 8, 2016, 2:03 pm
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TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  April 8, 2016

RE:  PRESS RELEASE – PEOPLE V. NICHOLAS PASCARELLA, JR.
 

On April 8th, 2016, after deliberating for four and one half days, an Ulster County Jury was unable to reach a verdict in the People v. Nicholas Pascarella, Jr. trial.  At approximately 2:35 p.m. on this date a mistrial was declared and the jury was discharged from their service. 
 

Nicholas Pascarella, Jr. was charged by indictment with Murder in the Second Degree for killing his father with a baseball bat on December 27th, 2014, outside the victim’s residence.  During the trial, the defense argued that the defendant committed the homicide while under the influence of an extreme emotional disturbance, thereby committing the lesser crime of Manslaughter in the First Degree.
 

Over the course of their deliberations, it was clear that the jury put forth every effort to reach a verdict.  They worked diligently to reach a unanimous decision which was evidenced by the questions they asked during deliberations.  In our judgment, that they were unable to arrive at a universal accord is in no way a reflection of their efforts. 
 

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by MariAnn Connolly.
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Press Release - Carmen Dubaldi

April 14, 2016, 7:39 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 14, 2016
RE: PRESS RELEASE

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  FORMER ORANGE COUNTY REPUBLICAN COMMITTEE CHAIRMAN ADMITS EMBEZZLEMENT

Former Orange County Republican Committee Chairman Carmen Dubaldi, 48, a resident of Orange County, pled guilty Wednesday, April 13, 2016 in Orange County Court before the Hon. Edward McLoughlin to three counts of Grand Larceny in the third degree.

Dubaldi had served as campaign treasurer for three popular Orange County elected officials, former County Executive Edward Diana, NYS Senator William Larkin and Orange County ClerkAnnie Rabbitt.  In late 2015 irregularities noted in these campaign accounts were brought to the attention of Orange County District Attorney David Hoovler.  Mr. Hoovler, also a noted Orange County elected official, cited the appearance of a potential conflict of interest and the investigation was turned over to the Ulster County District Attorney’s Office.

Audits of the three campaign accounts revealed that Dubaldi, between January 1, 2008 and June of 2015 had stolen approximately $90,000.00 from former County Executive Edward Diana’s campaign account, approximately $28,000.00 from Senator Larkin’s campaign account and approximately $3,000.00 from County Clerk Rabbitt’s campaign account.

 Dubaldi faces up to seven years on each of his convictions.  Prior to sentencing Dubaldi paid restitution in full to each of the victims and will be ordered to pay for the forensic accountings. Balancing his lack of prior criminal history and input from the victims our office intends to recommend a sentence of 5 years probation with an order of restitution and a $10,000.00 fine at the time of Dubaldi’s sentencing, which is scheduled for June 1st.

The case is being prosecuted by Ulster County Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by Thomas Melanson Esq. 


 
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Press Release - Proms/Graduations

April 19, 2016, 7:07 am
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FROM:  HOLLEY CARNRIGHT
       ULSTER COUNTY DISTRICT ATTORNEY

DATE:  APRIL 19, 2016

SUBJECT:  PRESS RELEASE-PROMS/GRADUATION

Holley Carnright, 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 District Attorney:ulstercountyny.gov/da





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Press Release - Social Host Law

April 19, 2016, 7:16 am
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Press Release - David Arcuri

April 22, 2016, 6:49 am
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FROM:   HOLLEY CARNRIGHT
DATE:   APRIL 22, 2016
SUBJECT: PRESS RELEASE-DAVID ARCURI INDICTMENT

David Arcuri, age 29, of Walden, New York, was indicted by an Ulster County Grand Jury for Assault in the Second Degree, Leaving the Scene of an Accident without Reporting Serious Physical Injury, and Insurance Fraud in the Fourth Degree, in connection with hitting a female SUNY New Paltz student with his vehicle around 3:30 am on April 25, 2015, on State Route 208 in New Paltz. It is alleged that Arcuri then left the scene of the accident, and attempted to cover up the incident by taking his car to a repair shop and telling his insurance company he hit a deer. 

The defendant’s arraignment in Ulster County Court is expected to take place next week.

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Press Release - Police Involved Shooting New Paltz (John Tozzi)

April 22, 2016, 6:59 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 22, 2016
RE: PRESS RELEASE

On April 20, 2014 an Ulster County Grand Jury reviewed the circumstances of a Police Involved Shooting incident that occurred on State Route 32 South in the Town of New Paltz during the early morning hours of October 24, 2015. The Grand Jury found the police actions that morning to be lawfully justified and determined there was no cause for criminal action against the officer who deployed the use of deadly physical force.

The events occurred after a domestic dispute that had occurred during that late afternoon of October 23, 2015. As a result of that incident New Paltz Police were attempting to locate John Tozzi, 234 Ste Rte 32 South, New Paltz to arrest him for charges related to the domestic.

Officers located Mr. Tozzi at his residence at approximately 3:00am. When members of the New Paltz Police Department and the Ulster County Sheriff’s Office approached the residence they were met with gunfire coming from Mr. Tozzi’s second floor apartment windows. The first rifle shot fired by Tozzi narrowly missed the officers as they retreated from the porch.

During the next several hours, police from multiple agencies including the New York State Police, the Plattekill Police, the Town of Newburgh Police, Rosendale Police and Lloyd Police surrounded the Tozzi residence and attempted to negotiate a surrender. During this time Tozzi continued to engage police with rifle fire striking four vehicles that police were using for cover. At approximately 5:00am, Tozzi fired at officers that were pinned down near his residence and at that point a New Paltz Police Officer returned fire striking Tozzi once in the chest area.

Tozzi was eventually located inside his apartment by members of the NYS Police SORT unit and was medevacked to Westchester Medical Center in critical condition. 

Tozzi later died at Hudson Valley Health Alliance Hospital Kingston Campus on February 16, 2016, having never left a medical treatment facility.  

Prior to his death, The District Attorney’s Office had planned to file charges against him to include at least 9 counts of Attempted Murder in the first degree and related weapons charges.




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Press Release - Mack McMillan

April 22, 2016, 10:22 am
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FROM:  HOLLEY CARNRIGHT
DATE:  APRIL 22, 2016
RE:  PRESS RELEASE – PEOPLE V. MACK McMILLAN


On April 21st, 2016, in Ulster County Court, a jury of eight men and 4 women returned a verdict finding Mack McMillan guilty of all counts of a four count indictment charging him with Criminal Sale of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Fourth Degree and Resisting Arrest.

McMillan was convicted of selling cocaine to a confidential informant on March 27, 2015, and of possessing cocaine with the intent to sell it on that same day when he was arrested on his way to a second arranged purchase.  McMillan fled from police officers and was apprehended only after a police canine was deployed.

This case rose from a joint investigation involving the Kingston Police Department’s Special Investigations Unit and the Ulster Regional Gang Enforcement Narcotics Team (URGENT). 

The case was prosecuted by Assistant District Attorney Timothy Lawson.  The defendant was represented by John Evans.  McMillan is scheduled to be sentenced by the Hon. Donald A. Williams on June 24, 2016.
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Press Release - Maureen Leggett Sentence

April 25, 2016, 8:13 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 25, 2016
RE: PRESS RELEASE – MAUREEN LEGGETT

Maureen Leggett, 53, from Red Hook, was sentenced on Friday April 22, 2016 in County Court by Hon. Donald A. Williams on her conviction to the class D felony of grand larceny in the third degree to 3 ½ to 7 years in state prison.  She was also ordered to pay restitution.

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 stolen monies into her husband’s account. This is the defendant’s third felony conviction for Grand Larceny and Falsifying Business Records. She was convicted in both 2006 and 2009 for similar schemes. 

The case was 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 - John Benkert Sentence

April 27, 2016, 8:40 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 27, 2016
RE: PRESS RELEASE – JOHN BENKERT SENTENCE

John Benkert, 52, from Hurley, was sentenced on April 26, 2016 in County Court before the Hon. Anthony McGinty to 60 days in the Ulster County Jail with 5 years probation and ordered to pay restitution in the amount of $224,000 to be distributed between 6 victims within his first 2 years of probation. He was also ordered to complete 150 more hours of community service.
During his plea allocution in April of last year, Benkert had admitted to stealing $324,000 from local businessmen and friends using fraudulent pretenses. 
Benkert was arrested after a long-term investigation by the New York State Police and the Ulster County District Attorney’s Office which revealed that his scheme involved the alleged development of a mall in the State of Connecticut.  Based on promises of a quick reimbursement with substantial interest, investors lent him funds at a time when Benkert had no intention or financial capability of repaying the advances. 
At defendant’s sentencing the Ulster County Probation Department reported that Benkert, who had previously been ordered to serve 480 hours of community service before his sentencing, tried to con the Probation Department and the court by lying about the hours of community service he had performed, which allegation the defendant admitted. He also failed to pay $149,000.00 of restitution which he had been ordered to pay before his April 26th sentencing.
“Plain and simply, Benkert is a con man.  We have no reasonable expectation that he will pay the restitution ordered by the court.  Hopefully, if that prediction becomes a reality Benkert will be resentenced to state prison” quoted Holley Carnright, Ulster County District Attorney.
The case has been prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Benkert is represented by Thomas K. Petro, Esq. of Kingston. 
 
   
   
  



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Press Release - Avoiding Home Improvement Scams

April 29, 2016, 6:20 am
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FROM: HOLLEY CARNRIGHT
DATE: APRIL 29, 2016
RE: PRESS RELEASE – AVOIDING HOME IMPROVEMENT SCAMS

Spring is finally here and many homeowners will be embarking on home improvement projects. The Ulster County District Attorney’s Division of Consumer Affairs offers these warning signs that a home improvement contractor may not be reputable:

·       The contractor is hesitant to provide a written contract (or will not put verbal promises in writing).

·       The contract does not have the name, address or telephone number of the contractor.

·       The contractor is located out of county or out of state.

·       The contractor shows up uninvited and offers to seal your driveway, repair your roof or cut down a tree.

·       The consumer is asked to pay for the entire job in advance, or to pay in cash.

·       The contractor uses high pressure sales tactics, stating a special price is “only available today”.

·       The contractor is hesitant to furnish references.

·       The contractor has many judgments against him (judgments are filed with the County Clerk).

·       The contractor has unresolved consumer complaints on file with Consumer Affairs.

Doing some homework prior to hiring a contractor can save you lots of time and money. Ulster County Consumer Affairs can be reached at 340-3260.


                                                             
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Press Release - Eric Napoli Sentence

April 29, 2016, 11:33 am
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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   APRIL 29, 2016

SUBJECT: PRESS RELEASE


On April 29, 2016, Eric Napoli, age 44, of Pine Bush, was sentenced to a period of two years in jail, the maximum punishment allowable by law by Ulster County, County Court Judge Donald Williams on his conviction to Aggravated Cruelty to Animals. Napoli also is to forfeit any ownership he has with companion animals, pay restitution to the dog owner and an order of protection was issued on her behalf.

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. At sentencing, Judge Williams described defendant’s conduct as “chilling” and that he “could not imagine how someone could point a shotgun at an innocent creature who just wanted to be loved by human beings.” Williams continued that defendant’s “explanation, tortured logic and rationalization” were “quickly rejected by the jury as fabricated and unbelievable.” Williams finished that defendant has shown no remorse and waited until Luna’s owner came home so defendant could execute Luna and inflict more pain on the owner. As part of his sentence, the District Attorney’s office recommended, and the court ordered, that Napoli must register with the newly enacted Ulster County Animal Abuse Registry.

The case was prosecuted by Assistant District Attorneys Paul Derohannesian and Emmanuel Nneji. The defendant was represented by attorney Tom Petro.  

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Press Release - Identity Theft

May 10, 2016, 7:07 am
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FROM: HOLLEY CARNRIGHT
DATE: MAY 10, 2016
RE: PRESS RELEASE – IDENTITY THEFT


HELP! I’M A VICTIM OF IDENTITY THEFT

Despite your best efforts to protect yourself, if you have become a victim of identity theft, what do you do? The Ulster County District Attorney’s Division of Consumer Affairs advises taking the following steps as soon as possible…

·       RECORD KEEPING– Be sure to keep records of all correspondence with the creditors and agencies you contact. Follow up all telephone calls with a letter and keep a copy.
·       CREDITORS– Notify all creditors and financial institutions, in writing and by phone, that your name and accounts have been compromised.
·       LOCAL LAW ENFORCEMENT– Immediately file a police or identity theft report with your local police. Get a copy of the report. Credit card companies, banks and credit reporting agencies may require you to show a police report to support your claim that a crime was committed.
·       FEDERAL LAW ENFORCEMENT– Report the crime to the Federal Trade Commission (FTC) at www.identitytheft.gov.
·       THE CREDIT REPORTING AGENCIES– Contact the three national credit reporting agencies by phone (Equifax 1-800-525-6285; Experian 1-888-397-3742; Trans Union 1-800-680-7289) or online (www.equifax.com; www.experian.com; www.transunion.com).
·       UTILITY COMPANIES– Ask utility companies to watch out for anyone ordering services in your name.
·       SOCIAL SECURITY ADMINISTRATION– if you detect fraudulent use of your social security number, report it to the Social Security Administration at 1-800-269-0271 (www.ssa.gov).
·       FBI – if the identity theft was internet-related, file an FBI Internet Crime Complaint at www.ic3.gov.

Consumer Affairs can be reached at 340-3260.
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Press Release - Michael Bigler Sentence

May 11, 2016, 12:35 pm
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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   MAY 11, 2016

SUBJECT: PRESS RELEASE – MICHAEL BIGLER


On May 10, 2016, Michael Bigler, of Connelly, New York, age 51, was sentenced to two and one third to seven years in state prison for his conviction to Driving While Intoxicated.


The case stems from an incident on January 2, 2016 when the Town of Ulster Police were dispatched to the Pizza Hut on Ulster Avenue after the defendant hit a vehicle in the parking lot.  When the police arrived they found that the defendant had fled the scene, leaving behind his sixteen year old daughter.  The defendant then walked back to the parking lot after having attempted to conceal the truck that he had been driving.  The defendant was highly intoxicated and was found to have a blood alcohol content of 0.30%.  At the time of the incident the defendant was on probation for a prior conviction to felony Aggravated Driving While Intoxicated that occurred in May of 2014. 

The defendant has four prior convictions for Driving While Intoxicated, two of which are within the last ten years. 

The case was presided over by the Honorable Donald A. Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Assistant Public Defender MariAnn Connolly.

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Press Release - Alan Edwards Sentence

May 11, 2016, 1:05 pm
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FROM: HOLLEY CARNRIGHT
DATE: MAY 11, 2016
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: MARLBOROUGH MAN RECEIVES 18 YEARS FOR SEXUAL ABUSE OF TWO CHILDREN  

Calling the defendant Alan Edwards, 62, of 245 Mount Zion Road in Marlborough, a sexual deviant, County Court Judge Donald A. Williams sentenced Edwards Wednesday to eighteen years in state prison to be followed by twenty years of post-release supervision.  Edwards pled guilty on March 2, 2016, to the Class B violent felony offense 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 multiple acts of sexual conduct, including oral sexual conduct, with a child less than eleven years old.  All acts of sexual conduct occurred at his home.  This plea was in satisfaction of additional charges involving an isolated incident of sexual abuse with another child under the age of eleven at his home.  Edwards was arrested in October 7, 2015, following an investigation conducted by the Ulster County Family and Child Advocacy Center. 

A statement from the family of the victim of the course of conduct was read at sentencing by Katherine R. Van Loan, Bureau Chief of the Special Victims’ Unit at the Ulster County District Attorney’s Office.  The letter detailed how years of trust the defendant built with the victim and the victim’s family was shattered by the defendant’s despicable conduct.  It also discussed the effects of prolonged sexual abuse on a “spunky” and “happy go lucky” child.  Both the letter and comments made by the mother of the second victim, lauded the bravery of these children for coming forward, noting that he “sealed his fate” when he selected the wrong child to molest.

District Attorney Carnright also praised the child victims for coming forward to the report the abuse.  “The statistics are clear that only a fraction of child sexual abuse victims ever come forward.  While the choice or ability to disclose is unique to each victim, their testimony is often necessary to hold these pedophiles accountable for their perverse actions.”   Carnright noted that these emotional and legally complex cases are exactly why the Ulster County Family and Child Advocacy exists stating, “It is critical to have both law enforcement and support services who are trained, experienced and regularly deal with these types of sexually deviant offenders.”

The case was prosecuted by Katherine R. Van Loan, Bureau Chief of the Special Victims’ Unit at the Ulster County District Attorney’s Office.  The defendant is represented by Majer Gold, Esq. of the Ulster County Public Defender’s Office 








  

 


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Michael Mink press release

May 17, 2016, 6:29 am
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DATE:   May 17, 2016

SUBJECT: PRESS RELEASE – MICHAEL MINK

 

 On May 16, 2016, Michael Mink, age 40, was sentenced by the Honorable Richard Mott to one year in the Ulster County Jail for his conviction after trial of Driving While Intoxicated, as a felony, Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, and Circumvention of Ignition Interlock Device.

A jury found, that on February 20, 2014, the defendant operated a motor vehicle while intoxicated and while his license was revoked for a prior felony DWI conviction and that he did not have an ignition interlock device installed in his car, as was court ordered. 

This is the defendant’s second conviction in five years for felony Driving While Intoxicated.  On May 31, 2011 the defendant was convicted of felony Driving While Intoxicated in Albany County and sentenced to one year in jail. 

The District Attorney’s Office recommended that the defendant be sentenced to state prison, arguing that the defendant, based upon his criminal history, presents a risk to the public.  In addition to the 2011 felony Driving While Intoxicated the defendant also has a conviction for misdemeanor Driving While Intoxicated in 2001 and two convictions for Driving While Ability Impaired by Alcohol in 1998 and 1993. 

The case was prosecuted by Assistant District Attorney Lisa Bondarenka and the defendant was represented by Kevin O'Brien, Esq. of Anelli Xavier, PC.
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