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THOMAS M. GASPARRO

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The Appellate Division Third Department has today unanimously affirmed the November 15, 2013 conviction of Thomas M. Gasparro upon a plea of guilty convicting him of the crime of Burglary in the Second Degree, two counts.

Gasparro’s conviction stems from a series of residential burglaries which he perpetrated in Milton, New York in June, 2012.  During his burglary spree, the defendant caused damage to each residence and stole thousands of dollars worth of jewelry.  The defendant was linked to these home invasion burglaries through receipts from pawn shops in Dutchess County. 

The defendant subsequently pled guilty to two counts of Burglary in the Second Degree and waived his right to appeal.  He was later sentenced by County Court Judge Donald A. Williams to concurrent five year terms of imprisonment with five years of post release supervision to run concurrently with a sentence on a Violation of Probation in Dutchess County. 

On appeal, the defendant not only challenged the validity of the waiver of appeal, and argued that his plea was not knowingly, voluntarily and intelligently entered.  He also argued that the sentence imposed was harsh and excessive.

On appeal, the defendant is represented by Donna Maria Lasher of Youngsville, New York.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office. 

 

Press Release - IRS Phone Scam

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FROM: HOLLEY CARNRIGHT
DATE: MAY 25, 2016
RE: PRESS RELEASE - TAXPAYERS TARGETED BY IRS PHONE SCAM

If you get a call from someone from the IRS demanding that you pay up or else, hang up. These individuals are out to cheat you.

This phone scam has hit taxpayers in nearly every state in the country. Callers claiming to be from the IRS tell intended victims they owe taxes and must pay using a pre-paid debit card or wire transfer. They often threaten those who refuse to pay with arrest, deportation or loss of a business or driver’s license.

The truth is the IRS first contacts people by mail – not by phone – about unpaid taxes. And the agency won’t ask for payment using a pre-paid debit card or wire transfer, and it won’t ask for a credit card number over the phone.

If you get such a call, Consumer Affairs (340-3260) offers these suggestions:
·       If you owe Federal taxes, or think you might owe taxes, hang up and call the IRS at 800-829-1040. IRS workers can help you with payment questions.
·       If you don’t owe taxes, call and report the incident to TIGTA (Treasury Inspector General for Tax Administration) at 800-366-4484.

TIGTA and the IRS encourage taxpayers to be alert for phone and e-mail scams that use the IRS name. The IRS will never request personal or financial information by e-mail, texting or any social media. These scam e-mails should be forwarded to phishing@irs.gov. Don’t open any attachments or click on any links in those e-mails.

                                                                                           

Press Release - David Moors Appeal

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PRESS RELEASE

TO:       ALL NEWS MEDIA
FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     JUNE 2, 2016



The Appellate Division, Third Department has today unanimously affirmed the January 15, 2015 conviction of David Moors for the crime of aggravated cruelty to animals. 

On January 23, 2014, the defendant was charged by an Ulster County Grand Jury with the class E felony of aggravated cruelty to animals pursuant to §353-a(1) of the Agriculture and Markets Law for his intentional and senseless killing of Clara, a companion animal, with a bow and arrow.  He was found guilty following a non-jury trial in the Ulster County Court (Williams, J.) and sentenced to six months in the Ulster County Jail, five years probation, 250 hours of community service, required to surrender his weapons and his New York State hunting license as a condition of his probation and ordered to pay restitution.  Following sentencing, the Appellate Division stayed the execution of the judgment and the defendant was released pending appeal. 

On appeal to the Appellate Division, Third Department, the defendant challenged the legal sufficiency of the evidence and argued that the sentence was unduly harsh and excessive. 
Those claims, however, were rejected by the reviewing court.
In its decision, the Court found adequate proof to support the conclusion that defendant carried out his killing of Clara, a two and one-half year old Australian Shephard/Wire Hair terrier mix, in an especially depraved or sadistic manner by shooting her in the abdomen with an arrow that was likely to and did prolong her suffering.  The matter is now remitted back to County Court and the defendant will be remanded to the Ulster County Jail to begin serving his sentence. 

On appeal, the defendant is represented by Cynthia Feathers, Esq. of Glens Falls.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.



Press Release - Earl Edwards Jr.

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FROM:  HOLLEY CARNRIGHT
DATE:  JUNE 7, 2016
RE:  PRESS RELEASE – PEOPLE V. EARL EDWARDS, JR.

An Ulster County Grand Jury filed an indictment today in New York State Supreme Court charging Earl Edwards, Jr. with Murder in the Second Degree for killing Rameen L. Perry on May 26th, 2016, in the Village of Saugerties.  The indictment charges that Edwards, with intending to cause the death of Rameen Perry, caused his death. 

The Office of the Medical Examiner ruled the death a homicide and determined the cause of death to be the result of a perforation of the heart due to a stab wound to the chest.

Edwards, Jr. is scheduled to be arraigned on the indictment in Ulster County Court on June 9, 2016.


Press Release - Beware Summer Scams

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FROM: HOLLEY CARNRIGHT
DATE: JUNE 9, 2016
RE: PRESS RELEASE – BEWARE SUMMER SCAMS


Summer is finally here and it’s a great time for vacations and home repairs, but don’t let scammers ruin the fun.  The Ulster County District Attorney’s Division of Consumer Affairs warns about popular summer scams the public should be aware of.

·       Vacation scams: Fake travel agents and websites use too-good-to-be-true deals only to take your money. Whether it’s a fake timeshare rental or a bogus Florida vacation, don’t let a vacation scam take you for a ride. Make sure the offer is legitimate by verifying the name, address and reputation of the company.
·       Moving scams: What is the mover’s reputation? Before moving your household goods movers are required to give you the booklet entitled Your Rights and Responsibilities When You Move.  Copies of this booklet can be downloaded from the website www.protectyourmove.gov.
·       Concert ticket scams: Be wary of sellers who offer a sad tale as to why they cannot use the tickets, only accept cash, want the money wired, and/or pressure you to act quickly.
·       Door-to-door scams: What are the address, name and reputation of the company that shows up unsolicited to pave your driveway or clean your chimney? Get all promises in writing. Never sign a contract that has an open-ended completion date or blank spaces.
·       Employment scams: Be wary of employers who require fees for training and background checks.

The Division of Consumer Affairs can be reached at 340-3260.

Press Release - Seminar Marketing

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FROM: HOLLEY CARNRIGHT
DATE: JUNE 27, 2016
RE: PRESS RELEASE – SEMINAR MARKETING



Consumers who plan to attend free seminars should be aware that in most cases the presenters will promote products and services that are for sale. Products sold at these seminars include self improvement, investment education materials, home based businesses and timeshare vacation packages. The Ulster County District Attorney’s Division of Consumer Affairs offers the following tips to individuals interested in attending such seminars:

·       Take your time. Avoid high-pressure sales pitches that require you to buy now or risk losing out on the opportunity;
·       Check out the company before signing a contract. What is the physical address and reputation of the company?;
·       Be sure to read and understand the entire contract before signing. What is the cancellation/refund policy?


Consumer Affairs can be reached at 340-3260.




Press Release - Seth Young plea

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FROM: HOLLEY CARNRIGHT
DATE: JUNE 27, 2016
RE: PRESS RELEASE

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  KINGSTON MAN ADMITS TO FORGERY

Seth T. Young, 42, an Ulster County resident, pled guilty Friday, June 24, 2016 in Ulster County Court before the Hon. Donald Williams to one count of Forgery in the second degree.

The case against Young arose in November of 2015. Kingston Police Department received numerous reports of car thefts in the City of Kingston. On November 28, 2016, Kingston Police arrested the defendant, who matched descriptions provided by victims of the thefts. Young used one of the credit cards stolen from a civilian’s car to make a $180.00 purchase from the Liquor Barn on Smith Avenue in the City of Kingston. An Ulster County Grand Jury later indicted Young for the crime of forging the credit card receipt, as well as possessing two stolen credit cards.

In addition to the Forgery conviction Young has an extensive criminal history. Young’s sentencing is scheduled for August 26, 2016. He is expected to receive 3 – 6 years in state prison.  

The case is being prosecuted by Ulster County Assistant District Attorney Carly P. Wolfrom.  The defendant is represented by MariAnn Connolly, Esq. of the Ulster County Public Defender’s Offfice. 


 

Press Release - German A. Lobaton Appeal

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PRESS RELEASE

FROM:     DISTRICT ATTORNEY HOLLEY CARNRIGHT
DATE:     JUNE 30, 2016



The Appellate Division, Third Department has today unanimously affirmed the October 3, 2014 conviction of German A. Lobaton for the crime of burglary in the second degree, a class C violent felony.

Over the course of a four month period in 2013, the defendant, an Emergency Medical Technician and member of the Ellenville First Aid and Rescue Squad, responded to medical emergencies at three separate homes in Ellenville in the Town of Wawarsing.  Shortly thereafter, and while the homes in question were unoccupied, because the occupants had been taken to the hospital, the defendant returned to these premises, reentered them and stole numerous items of personal property, consisting mostly of electronic devices, jewelry, handguns and rifles.  When police executed a search warrant at the defendant’s home, most of the stolen property was found.

The defendant pled guilty to burglary in the second degree in full satisfaction of a 12 count indictment in the Ulster County Court and at that time, waived the right to appeal his conviction and sentence.  On October 3, 2014, the defendant was sentenced by County Court Judge Donald A. Williams to the agreed upon term of imprisonment of 13 years in State prison followed by five years of postrelease supervision.   

On appeal to the Appellate Division, Third Department, the defendant argued that his plea was not knowing, intelligent and voluntary and that his sentence was unduly harsh and excessive.  The reviewing court, however, found both claims unpreserved for appellate review.

On appeal, the defendant is represented by Michael C. Ross, Esq. of Bloomingburg, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.




TWO ELLENVILLE MEN ENTER GUILTY PLEAS IN REGARDS TO HOME INVASION CASE

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DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  TWO ELLENVILLE MEN ENTER GUILTY PLEAS IN REGARDS TO HOME INVASION CASE 

Lonnie Taylor, age 35, and Nickolas Torres, age 22, both pled guilty Thursday, July 7, 2016 in Ulster County Court before the Hon. Donald Williams to Burglary in the First Degree, a class B violent felony. 

The case arose from an incident which took place on January 7, 2016, when Taylor, Torres, and a third co-defendant, Davonte Jones, armed with a shotgun and two handguns entered Torres’s ex-girlfriend’s apartment. In addition to the guns, defendants also brought duct tape and zip ties. The victim was at home with another adult, babysitting four children. A ten year old and his two younger twin sisters, as well as a two year old were all at the apartment. The defendants demanded money and drugs when they walked into the apartment. The defendants then ziptied the wrists and duct-taped the mouths of each victim, except the two year old girl.  

The defendants took the victims cellphones, cash and wallet.  The adult male jumped out of a window when the defendants left in order to call 911. Ellenville Police Department responded to the scene. Search warrants led to the recovery of the two handguns, duct tape, and one of the cell phones. The shotgun had been destroyed by one of the defendants and discarded piece by piece throughout the Village of Ellenville. An Ulster County Grand Jury later indicted Taylor, Torres and Jones for burglary in the first degree and other crimes stemming from the home invasion. 

Taylor and Torres face lengthy prison terms and will be sentenced on September 8th and 9th, 2016. Jones’ case remains pending at this time.  

The case is being prosecuted by Ulster County Assistant District Attorneys Joey Z. Drillings and Carly P. Wolfrom.  Torres is represented by Edward Bruno, Esq. and Taylor is represented by Glenn Kroll, Esq.

 

 

Press Release - Auto Warranty Solicitations

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TO: MEDIA
FROM: HOLLEY CARNRIGHT
DATE: JULY 14, 2016
RE: PRESS RELEASE – AUTO WARRANTY SOLICITATIONS



The Ulster County District Attorney’s Division of Consumer Affairs is warning consumers to be wary of telemarketing calls and mailers which claim their auto warranty has or is about to expire. Consumer Affairs advises that deceptive solicitations could persuade car owners to purchase an extended auto service contract of questionable value. Despite the impression given, these offers are not associated with the car manufacturer’s warranty. Consumers are advised to…
  • Get a contract in which all terms and conditions are clearly explained before signing up or providing credit card or other payment information.
  • Read your auto manufacturer’s warranty and contact your dealer or manufacturer to avoid purchasing duplicate coverage.
  • Check out the company beforehand. What is its physical location and reputation?
  •  
Consumer Affairs can be reached at 340-3260.




Press Release - Karon Bowden Indictment

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FROM: HOLLEY CARNRIGHT
DATE:JULY 15, 2016
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  SHOOTER INDICTED FOR MURDER OF GIRLFRIEND IN SAUGERTIES

An Ulster County Grand Jury handed up an indictment Friday, July 15, 2016, charging Karon Bowden, 41, of 26 Randall Court, Saugerties, with Murder in the Second Degree.  The two count indictment also contains the charge of Criminal Possession of a Weapon in the Second Degree, a Class “C” violent felony.  Bowden is accused of intentionally causing the death of Amy Louise Burger.    

Bowden was arrested on May 31, 2016, by members of the Saugerties Police Department.  The Saugerties Police Department was assisted in its investigation of this matter by members of the New York State Police, the Ulster County Sheriff’s Office and the Ulster County District Attorney’s Office.  A preliminary hearing was held in the Town of Saugerties Justice Court on June 6, 2016 before Honorable Claudia Andreassen. 

Ulster County District Attorney, Holley Carnright stated, “The quest to dominate another human being is at the root of most domestic violence.  Causing death is the ultimate act of power and control over another person.  It is tragic that Ms. Burger lost her life to a man she once loved and trusted.”      

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


Press Release - Robert Lunan Appeal

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PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     JULY 21, 2016



The Appellate Division, Third Department has today unanimously affirmed the February 25, 2014 conviction of Robert Lunan upon a plea of guilty convicting him of the crime of grand larceny in the fourth degree, a class E felony. 

Defendant’s conviction stems from a series of thefts which occurred first in the Town of Ulster in July, 2013 and then in the Town of Esopus in August, 2013.  During that time period, the defendant stole rims, tires and a tailgate from cars parked in the Romeo Chevrolet lot and, a month later, stole a variety of items from a vacant dwelling in the Town of Esopus. 

Pursuant to a negotiated plea agreement, defendant, a second felony offender, waived indictment and pled guilty to grand larceny in the fourth degree as charged in a superior court indictment in exchange for the maximum indeterminate sentence of two to four years and restitution in the amount of $1,500.  On February 25, 2014, the defendant was sentenced by County Court Judge Donald Williams to the agreed upon term of imprisonment. 

On appeal, defendant challenged the waiver of appeal which he executed as part of the plea agreement and argued that his plea was not knowingly and voluntarily given.  While the Appellate Division, Third Department concluded that defendant’s waiver of appeal was in fact invalid, it found defendant’s challenge to the voluntariness of his plea unpreserved for review.

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

Press Release - Sarra Gilbert

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FROM: HOLLEY CARNRIGHT
DATE: JULY 25, 2016
RE: PRESS RELEASE – SARRA GILBERT

Following is a Press Release issued by the Ellenville Police Department regarding the arrest of Sarra Gilbert on the charge of Murder in the second degree.  Gilbert is being held in the Ulster County Jail without bail pending action of the Ulster County Grand Jury.

Gilbert had been indicted by an Ulster County Grand Jury on May 12, 2016 for Aggravated Cruelty to Animals and Endangering the Welfare of a Child for an incident that took place on February 19, 2016 concerning the intentional drowning of a puppy.  That indictment remains pending.

Gilbert’s arrest follows two other domestic violence murders this Summer, People v Earl Edwards and People v Karon Bowden, and a fourth homicide, People v Kayla Pagan, regarding the death of a ten month old child. Both Edwards and Bowden have been indicted for Murder in the second degree.  Pagan is pending the action of the Grand Jury.
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                                                                     PRESS RELEASE

The Ellenville Police Department in conjunction with the New York State Police in Ellenville, Ulster County Sheriff Department, and the Ulster County District Attorney’s Office are still actively conducting an investigation into a homicide that occurred in the Village of Ellenville on Saturday July 23, 2016, in the early morning hours. At this point, the following information has been developed as a result of this investigation. At 1:45pm on Saturday July 23, 2016, a call was made to the Ellenville Police Department from the sister Sherre Gilbert requesting that the police go to 9 Warren Street Apartment 2 to check on the Welfare of her mother Mari Gilbert. Officers arrived, observed the mother’s car in the driveway, and attempted to make contact, having no answer at the door, they began to check all windows for access. One of the officers observed through a window what appeared to be a body lying on the floor, he immediately called for the rescue squad to respond. The Officer immediately made entry into the residence, and was observed by Sarra Gilbert in the kitchen area. Ms Gilbert had blood on her clothing, and she was detained by police at the scene. She was later taken to the Ellenville Police Department for questioning, and as previously stated has been charged with Murder in the Second Degree in connection with this incident. 

The scene was secured, and investigation was launched as previously reported. The Medical examiner responded to the scene, and the body was taken to the Kingston Hospital for an autopsy. The autopsy was conducted this morning Monday July 25, 2016 at 715am in Kingston by Dr Michael Sikiricka, and the official cause of death listed as homicide, due to multiple stab wounds. 

Police have recovered what they believe to be the weapon used in this case at the scene. The investigation is continuing at this time.   

Press Release - Sarra Gilbert

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FROM: HOLLEY CARNRIGHT
DATE: JULY 25, 2016
RE: PRESS RELEASE – SARRA GILBERT

Following is a Press Release issued by the Ellenville Police Department regarding the arrest of Sarra Gilbert on the charge of Murder in the second degree.  Gilbert is being held in the Ulster County Jail without bail pending action of the Ulster County Grand Jury.

Gilbert had been indicted by an Ulster County Grand Jury on May 12, 2016 for Aggravated Cruelty to Animals and Endangering the Welfare of a Child for an incident that took place on February 19, 2016 concerning the intentional drowning of a puppy.  That indictment remains pending.

Gilbert’s arrest follows two other domestic violence murders this Summer, People v Earl Edwards and People v Karon Bowden, and a fourth homicide, People v Kayla Pagan, regarding the death of a ten month old child. Both Edwards and Bowden have been indicted for Murder in the second degree.  Pagan is pending the action of the Grand Jury.
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                                                                     PRESS RELEASE

The Ellenville Police Department in conjunction with the New York State Police in Ellenville, Ulster County Sheriff Department, and the Ulster County District Attorney’s Office are still actively conducting an investigation into a homicide that occurred in the Village of Ellenville on Saturday July 23, 2016, in the early morning hours. At this point, the following information has been developed as a result of this investigation. At 1:45pm on Saturday July 23, 2016, a call was made to the Ellenville Police Department from the sister Sherre Gilbert requesting that the police go to 9 Warren Street Apartment 2 to check on the Welfare of her mother Mari Gilbert. Officers arrived, observed the mother’s car in the driveway, and attempted to make contact, having no answer at the door, they began to check all windows for access. One of the officers observed through a window what appeared to be a body lying on the floor, he immediately called for the rescue squad to respond. The Officer immediately made entry into the residence, and was observed by Sarra Gilbert in the kitchen area. Ms Gilbert had blood on her clothing, and she was detained by police at the scene. She was later taken to the Ellenville Police Department for questioning, and as previously stated has been charged with Murder in the Second Degree in connection with this incident. 

The scene was secured, and investigation was launched as previously reported. The Medical examiner responded to the scene, and the body was taken to the Kingston Hospital for an autopsy. The autopsy was conducted this morning Monday July 25, 2016 at 715am in Kingston by Dr Michael Sikiricka, and the official cause of death listed as homicide, due to multiple stab wounds. 

Police have recovered what they believe to be the weapon used in this case at the scene. The investigation is continuing at this time.   

Press Release - Elmendorf Appeal

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PRESS RELEASE



From:  Holley Carnright

Dated:  July 29, 2016

__________________________________________________________

Yesterday, the Appellate Division Third Department unanimously affirmed the June, 2014 conviction of Justin Elmendorf upon his plea of guilty convicting him of the crime of Burglary in the First Degree, a Class B violent felony.

Defendant’s conviction stems from an incident which occurred on October 14, 2013 in the Town of Olive.  On that day, acting in concert with his friend, Michael Sanicola, the defendant kicked down the door of his neighbor’s home, stole a number of rifles, a handgun and a dirt bike.  Sometime later the two accomplices returned to the victim’s residence and attempted to burn the house and garage down by dousing the structures with gasoline and lighting them on fire.  The defendant in fact threw a Molotov cocktail into the living room to ignite the residence.  Soon thereafter firefighters and police responded to the scene.

On March 11, 2014, defendant waived indictment and pled guilty in the Ulster County Court to Burglary in the First Degree, pursuant to a Superior Court Information, and agreed to be sentenced to 12 years in state prison followed by five years of post release supervision.  However, during the course of the sentencing proceedings when defendant became belligerent and disrespectful and threatened violence to the court, the court refused to abide by the agreement.  After giving defendant the option of withdrawing his plea or being sentenced without any promise as to the sentence to be imposed, defendant indicated he wanted to go forward with sentencing.   County Court then sentenced him to a 15 year state prison sentence with five years of post release supervision.

On appeal, defendant argued that the enhanced sentence was unduly harsh and severe.  The Third Department, however, rejected defendant’s claim in light of the gravity of the crimes, his criminal history and evidence that he would continue to commit crimes in the future.

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

Press Release - Reporting Insurance Fraud

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 4, 2016
RE: REPORTING INSURANCE FRAUD

Insurance fraud is a crime victimizing every resident of New York State, costing consumers millions of dollars in the form of increased premiums and higher prices for goods and services. The exact cost of insurance fraud is difficult to estimate because much of it goes unreported.

According to the Ulster County District Attorney’s Division of Consumer Affairs, insurance fraud takes many forms:
·       A driver and a body shop worker agree to inflate the auto damage claim and share the “profit”.
·       A homeowner falsely claims that his home was burglarized and valuable items stolen.
·       A doctor bills an insurer for services that were not provided.
·       A driver stages a fake accident, and unscrupulous doctors and lawyers help “handle” associated medical claims and lawsuits.
·       A worker collects workers’ compensation benefits while employed.

If you suspect insurance fraud has been committed, it should be reported to the New York State Department of Financial Services, Insurance Frauds Bureau, One State Street, New York, NY 10004 in writing. A frauds investigator will contact you for details and the matter will be kept confidential. The appropriate form is available online at www.dfs.ny.gov or by contacting Consumer Affairs at 340-3260.

Press Release - Carmen Dubaldi Sentence

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 5, 2016
RE: PRESS RELEASE – CARMEN DUBALDI – FORMER ORANGE COUNTY REPUBLICAN COMMITTEE MEMBER


Former Orange County Republican Committee member Carmen Dubaldi, 48, a resident of Orange County, was sentenced in Orange County Court by the Hon. Edward McLoughlin on his convictions to three counts of Grand Larceny in the third degree to 1 – 3 years in state prison.

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.

Prior to sentencing Dubaldi paid full restitution as well as reimbursement for the costs of the forensic accountings.  Judge McLoughlin, in sentencing Dubaldi to state prison, noted that he had made restitution but observed that, in his judgment, both the amount of the thefts and the number of thefts over such a long period of time, warranted the state prison sentence.


 

Press Release - Ernest Falconer Plea

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FROM:  HOLLEY CARNRIGHT
DATE:  AUGUST 5, 2016
RE:  PRESS RELEASE – PEOPLE V. ERNEST FALCONER


On August 4th, 2016, Ernest Falconer, a 64 year old resident of Woodstock, pled guilty to Promoting a Sexual Performance by a Child, a Class D Felony.  Falconer’s arrest was the product of an investigation by the New York State Police into the illegal downloading of child pornography in the Woodstock area.  The investigation concluded that from June through August of 2015, Falconer was using a computer at his residence to illegally download images and videos containing child pornography.

Falconer is scheduled to be sentenced in Ulster County Court on September 26, 2016.

Press Release - Sarra Gilbert Indictment

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 9, 2016
RE:  PEOPLE V SARRA GILBERT – INDICTED FOR KILLING HER 52 YEAR OLD MOM
     An Ulster County Grand Jury has indicted 27 year old Sarra Gilbert for the murder of her mother, Mari Gilbert. She is expected to be arraigned in Ulster County Court later this week.

The indictment rises from an incident that occurred in the morning of July 23, 2016, at the defendant’s apartment at 9 Warren Street, Ellenville, NY. Ellenville Police Officers, responding to a check-the-welfare dispatch, discovered the victim’s body inside defendant’s apartment. A subsequent autopsy revealed that the victim suffered multiple stab wounds to her torso, along with other injuries. 

Sarra was arrested by Ellenville Police on July 23 and charged with Murder. Following preliminary proceedings in the Village of Ellenville Court on July 26, the Ulster County DA presented the case to the Grand Jury, culminating in the indictment. 

Sarra Gilbert remains in Ulster County Jail pending her arraignment on the indictment. She is represented by Suffolk County attorney John Ray.  Sr. Assistant District Attorney Emmanuel Nneji is prosecuting the case.

Press Release - Kayla Pagan Indictment

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FROM: HOLLEY CARNRIGHT
DATE: AUGUST 15, 2016
RE: PRESS RELEASE – PEOPLE V KAYLA PAGAN

GRAND JURY INDICTS MOTHER FOR 1O MONTH OLD DAUGHTER’S DROWNING IN BATHTUB

An Ulster County grand jury has indicted 26 year old Kayla Pagan with one count of Criminally Negligent Homicide, a class E felony, and Endangering the Welfare of a Child, a misdemeanor for the drowning death of her 10 month old daughter, Lilliana R, in a bathtub at their home at 8 Hideaway Lane, Lot #2, in Marlboro, Ulster County, NY, on July 8, 2016. 

According to the state police investigation the drowning death occurred in the evening of July 8, 2016, when Pagan left her daughter in a bathtub with the water running.  The child’s father returned home from work to find his daughter in the bathtub with the water still running.  He removed the child from the tub, started CPR and called 911. Lilliana was rushed by Mobile Life Support Services to St. Luke’s Hospital in Newburgh where she was pronounced dead.
By indicting Pagan with Criminally Negligent Homicide the Grand Jury determined that there was sufficient proof that Pagan’s conduct constituted a gross deviation from the standard of care that a reasonable person would observe. 

Kayla Pagan remains in Ulster County Jail pending her appearance in Ulster County Court. She is represented by Ulster County Public Defender Andrew Kossover. The case was investigated by the New York State Police in Highland. The case is being prosecuted by Sr. Assistant District Attorney Emmanuel Nneji.

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