Quantcast
Channel: Ulster County District Attorney
Viewing all 481 articles
Browse latest View live
↧

Press Conference - Raise The Age Legislation

March 23, 2017, 2:06 pm
$
0
0



FROM: ULSTER COUNTY DA HOLLEY CARNRIGHT AND ULSTER COUNTY SHERIFF PAUL VANBLARCUM

DATE: MARCH 23, 2017

RE: ULSTER COUNTY DA HOLLEY CARNRIGHT - NOTICE OF PRESS CONFERENCE ON PROPOSAL OF RAISE THE AGE LEGISLATION TO BE HELD MARCH 27TH, 11:00 AM, 6TH FLOOR COUNTY OFFICE BLDG, LEGISLATIVE CHAMBERS

Greetings:

Included in Governor Cuomo’s 2017 Budget Bill is a provision to decriminalize almost all criminal behavior of offenders who are under the age of 18 years. As currently drafted, this legislation calls for a dramatic and unprecedented shift in the Criminal Justice System with far reaching repercussions, the least of which will be a significant shifting of costs to county taxpayers.

You are invited to an informational press conference where I will attempt to highlight various provisions of the proposed legislation and will be available to answer questions you may have.  The conference will be held Monday, March 27th at 11:00 AM on the 6thFloor of the County Office Building in the Legislative Chambers.







↧
Search

Press Release - Cory Larson Plea

March 27, 2017, 10:45 am
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: MARCH 27, 2017
RE: PRESS RELEASE - Man Pleads Insanity in Ulster County Court for Menacing State Police Officers

A Pine Bush man pleaded “Not Responsible by Reason of Mental Disease or Defect” today in Ulster County Court to an indictment charging him with the felonies of Menacing a Police Officer and Reckless Endangerment in the First Degree, and a misdemeanor of Criminal Possession of a Weapon in the Fourth Degree.  

Cory Larson, age 32, entered his plea on Friday regarding an incident that occurred on May 24, 2016, when he called 911 to report that intruders were breaking into his home at 58 Vista Maria Road in Pine Bush, Ulster County, and who shot at him, and that he was shooting back at them. He also told the 911 Operator that one of the intruders was in his bed and he commanded the alleged intruder to “shut up, a..hole.” He told the Operator that he was going to shoot the intruder again.

State Police Troopers arrived at that address and found that Mr. Larson was alone and shooting his shotgun indiscriminately inside his home. The officers heard and saw the impact of the shots and had to take cover. At one point Mr. Larson pointed his gun through a window at an officer but did not discharge a shot.

Cory Larson eventually surrendered and was taken into custody by the officers without any injury to anyone or further damage to personal property.
The investigation that followed revealed numerous shotgun shells which had been discharged all over the home at the walls, his bed and pillows, other personal property, and through his windows in the direction of the walkup to his door. There also were evidence of drug and alcohol use, but there was no evidence of anyone else being in the home or injured.

A forensic psychiatric examination of Mr. Larson determined that at the time of his conduct he was suffering from drug and alcohol withdrawals, hallucinations, and a pre-existing real brain injury which he had sustained from an impact at a previous construction job. As a result of these conditions Mr. Larson lacked substantial capacity to know or appreciate the nature and consequences of his conduct on May 24, 2016, or that such conduct was wrong. The DA’s Office consented to this plea.

Following his plea today Mr. Larson was committed by Ulster County Court Judge Donald Williams to the custody and care of the New York State Commissioner of Mental Health for treatment and further progressive assessment of his mental condition. If he is determined to be dangerously mentally ill Mr. Larson will be held and treated in a secure mental health facility in the State.

Assistant District Attorney Emmanuel Nneji prosecuted the case.  The defendant was represented by Jamie Greenwald of Chester, New York.


↧
↧

Press Release - Michael E. Wendel Conviction

March 29, 2017, 12:25 pm
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: MARCH 29, 2017
RE: PRESS RELEASE – MICHAEL E. WENDEL CONVICTION

After less than fifteen minutes of deliberations, MICHAEL E. WENDEL, age 59, a resident of 7034 Route 209 in Wawarsing, was found guilty by a six-member jury of Criminal Contempt in the Second Degree, a “Class A” misdemeanor.

On the evening of December 17, 2015, Wendel violated an Order of Protection, which had been issued for the protection of Ulster County Comptroller Elliot Auerbach and his family by the Honorable Kevin Hunt of the Town of Shawangunk Court.

 The contempt occurred when Mr. Wendel aggressively approached Mr. Auerbach in the Wawarsing Town Hall in the Village of Ellenville.  At that time he placed himself within inches of Mr. Auerbach with a camera in his hand, and made statements to Mr. Auerbach of a harassing and taunting nature.

Wendell will be sentenced on April 17, 2017.

The case was prosecuted by Ulster County Assistant District Attorney Justin F. Stenerson.  The defendant was represented by Michael Bruhn, Jr., Esq.
↧

Press Release - Herbert Hill Appeal

March 30, 2017, 1:04 pm
$
0
0

FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: MARCH 30, 2017
RE: HERBERT HILL



The Appellate Division, Third Department has today unanimously affirmed the judgment of the County Court of Ulster County (Donald A. Williams, J.) which revoked defendant’s sentence of six months in jail and five years probation upon his conviction of criminal contempt in the first degree following a probation violation hearing and resentenced him to an indeterminate term of one and one-third to four years in State prison.

Defendant’s conviction stems from his violation of an order of protection by having contact with a former girlfriend.  Shortly after he was sentenced, defendant had further contact with his girlfriend in violation of the order of protection issued on her behalf and fled from the police when they tried to arrest him.
   
On appeal, defendant challenged the declaration of delinquency which was filed by the Probation Department when he violated the terms and conditions of his probation and argued that County Court erred in revoking his probation. He also argued that the sentence imposed by County Court was unduly harsh and excessive.  However, all of the claims raised by the defendant were found to be without merit by the Appellate Division, Third Department.
 
On appeal, the defendant is represented by Danielle Neroni, Esq. of Albany, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.




↧

Press Release - Kevin Guerrero Plea

March 31, 2017, 10:46 am
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: MARCH 31, 2017
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  INTRUDER IN BURGLARIES OF SUNY NEW PALTZ STUDENTS PLEADS GUILTY

On Friday, March 31, 2017, Lance Corporal Kevin Guerrero, 20, of the United States Marines stationed in New Windsor, Orange County, pled guilty to Burglary in the Second Degree and Sexual Abuse in the First Degree, both violent felony offenses. 

The case stems from an incident on September 4, 2016 in New Paltz when Guerrero unlawfully entered three off campus student residences and attempted to sexually assault the female students therein, while they were asleep.

District Attorney Holley Carnright states “The defendant’s behavior violated all expectations of safety, civility and privacy which our student population should enjoy.”  Carnright describes this case as unusual in that this type of crime committed by someone with minimal ties to the community is not commonly seen by his office.   Carnright also lauds the New Paltz Police Department for their swift and tireless investigation which identified and located the defendant in a very short period of time.  


Sentencing is scheduled for June 14, 2017.  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 Mariann Connolly of the Ulster County Public Defender’s Office. 


↧
↧

Press Release - Carlos Diggs Sentence

March 31, 2017, 1:37 pm
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: MARCH 31, 2017
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: POUGHKEEPSIE MAN SENTENCED TO 7-14 FOR DOMESTIC VIOLENCE AND RELATED OFFENSES.  HELD IN CONTEMPT OF COURT THREE TIMES AND FINED $15,000  

Carlos Diggs, 28, formerly of Poughkeepsie was sentenced Friday, March 31, 2017, in Ulster County Court.  On the Class “D” felony offense of Aggravated Criminal Contempt, the defendant received the maximum sentence of 3 ½ -7 years in state prison.  On the first count of Aggravated Family Offense to which the defendant pled guilty, he received the maximum sentence of 2-4 years.  On a second count of Aggravated Family Offense to which the defendant previously admitted, he received 1 1/2 – 3 years.  All sentences are to run consecutively.    

The victim’s mother spoke at sentencing.  Directing her comments at the defendant, she stated that nobody deserves to be treated the way Diggs treated her daughter, “beating her like an animal”.  She said that no sentence would make up for the abuse her daughter endured at the hands of Diggs.  Additionally, some of the abuse occurred in front of their young son who now experiences nightmares and anger he cannot control. 

Diggs also spoke at sentence.  He initially claimed to be remorseful, explaining that he grew up in the system where nobody taught him right from wrong or encouraged him to go to school or work.  However, he eventually lashed out using profanity and telling the judge to perform sexual acts on him.  Diggs was warned countless times and was given the opportunity to apologize to everyone in the courtroom.  Diggs did apologize specifically to the prosecutor, Special Victims Bureau Chief Katherine Van Loan, his own attorney Mariann Connolly of the Ulster County Public Defender’s Office, the victim’s mother, the court clerk, court officers and all present.  However, after the apologies his tirade continued as he called Ulster County Court Judge Donald A. Williams, “Bro” and repeated his profane comments over and over until he was held in Contempt of Court and fined the maximum amount of $5,000 to be taken from his inmate account.  Undeterred, Diggs proceeded in the same vain despite warnings from the judge and was ultimately held in Contempt of Court two more times and fined the maximum amount on each.    

Diggs entered his guilty pleas on Friday, January 27, 2017, as jury selection was to begin the following Monday on separate two indictments which contained a total of 54 counts.  Forty three of those counts were for the Class E felony of Aggravated Family Offense and were based on attempts to contact the victim by telephone in violation of a court and order while having been convicted of a Family Offense within the preceding five years.  The remaining counts for Criminal Contempt, Aggravated Family Offense and Endangering the Welfare of a Child were for physical abuse which occurred in the City of Kingston.  The couple had an extensive history of domestic violence in Dutchess County before the victim relocated to Kingston in 2014.

The case broke when the victim appeared at Kingston Hospital
days after the last beating and when the bruises were revealed, the Kingston Police Department responded immediately and took action to apprehend the defendant while safely recovering the victim’s two young children from him.  









  

 
↧

Press Release - Beware Free Grants Scam

April 6, 2017, 10:54 am
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: APRIL 6, 2017
RE: PRESS RELEASE – BEWARE FREE GRANTS SCAM



Securing a government grant is a highly competitive and complex process. Still, each year thousands of consumers are victimized by scammers who convince them they can get “free” money, just by paying a small “registration” or “processing” fee.  

Grant scams are on the rise as credit becomes harder to get. Many make their pitch via the Internet or through telemarketers. Scammers use technology to disguise their location in caller ID systems. Although it may look like they’re calling from Washington, DC, they could be calling from anywhere in the world. The scams operate by taking money upfront and then failing to provide any grants. Offers of easy money can be tempting. But no matter how good the deal sounds, don’t waste your money. You will not get a government grant to pay medical bills or fix your car. The fact is, 98% of federal grants are awarded to schools, local governments, colleges and universities, and non-profit organizations.

The Ulster County District Attorney’s Division of Consumer Affairs cautions consumers to not do business with telemarketers or spam e-mailers offering “free” grants. Consumer Affairs can be reached at 340-3260.


                                                         
↧

Press Release - Daniel Cancellaro Plea

April 7, 2017, 10:44 am
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: APRIL 7, 2017
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES - HURLEY MAN PLEADS TO DOMESTIC INCIDENT

DANIEL CANCELLARO of 232 Dewitt Mills Road, Hurley, pled guilty Thursday, April 6, 2017, in Ulster County Court before County Court Judge Donald A. Williams, to Aggravated Family Offense in the first degree.  Cancellaro was arrested September 15, 2016 after his live in girlfriend reported to Kingston State Police Officers that the defendant had broken her cellphone and strangled her. 

The defendant was previously convicted in 2009 for the charge of Assault in the Second Degree involving his then girlfriend. He received a sentence of seven years in prison and five years post-release supervision for that offense and was on parole supervision when he committed the offense.    

Sentencing is scheduled for June 8, 2017.  Any sentence Cancellaro receives will run consecutively with the defendant’s current parole violation.

The defendant was represented by Jeremiah Flaherty, Esq. of Kingston, New York.  The case was prosecuted by Sr. Assistant District Attorney, Joey Drillings.




 



↧
Search

Press Release - Isaac Pitt Plea

April 7, 2017, 12:35 pm
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: APRIL 7, 2017
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES - ELLENVILLE MAN PLEADS TO DRUG CHARGE

ISAAC PITT, AKA “HUNDREDS”, of 240 Canal Street, Ellenville, pled guilty Thursday, April 6, 2017, in Ulster County Court before County Court Judge Donald A. Williams, to Criminal Possession of a Controlled Substance in the Second Degree.  Pitt was arrested November 4, 2016 after two cocaine sales from the defendant’s residence led to the execution of a search warrant.  URGENT Task Force members recovered 6.8 ounces of cocaine, digital scales, baggies, a ledger with narcotics transactions and $6,334.00. 

Sentencing is scheduled for June 8, 2017.  The defendant is expected to receive a sentence of eight years plus five years post-release supervision.  The defendant has a prior felony conviction for Criminal Sale of a Controlled Substance third degree from Rockland County in 2005 for which he received a sentence of 4 1/2 -9 years in prison.

The defendant was represented by Frank Phillips, Esq. of Stony Point, New York.  The case was prosecuted by Sr. Assistant District Attorney, Joey Drillings.




 






              



↧
↧

Press Release - Mystery Shopper Scam

April 17, 2017, 7:30 am
$
0
0

FROM: HOLLEY CARNRIGHT
DATE: APRIL 17, 2017
RE: PRESS RELEASE – MYSTERY SHOPPER SCAM



People across the country are receiving letters in the mail – accompanied by large checks – inviting them to earn extra money as mystery shoppers.

According to the Ulster County District Attorney’s Division of Consumer Affairs, these letters instruct you to deposit the check, wire a portion of the money using Western Union or Money Gram, keep a portion as pay and use a portion of that to purchase merchandise. Then you’re told to contact the person named in the letter for further instructions.

Don’t.  The check is fraudulent and the bank will hold you responsible for the total amount.

The Bureau advises never wiring money to an unknown recipient and never cashing an unsolicited check from an unknown sender.  The Bureau can be reached at 340-3260.



↧

Press Release - Cyberbullying Law

April 19, 2017, 11:52 am
$
0
0



COUNTY EXECUTIVE MIKE HEIN SIGNS LOCAL LAW PROHIBITING
CYBER-BULLYING IN ULSTER COUNTY

KINGSTON, N.Y. – Today, Ulster County Executive Mike Hein signed into law legislation that he had proposed, and the Legislature refined, to prohibit cyber-bullying in Ulster County and help protect victims. County Executive Hein was joined by Kenneth Ronk, Jr., Chair of the Ulster County Legislature; Legislator Carl Belfiglio; Legislator Chris Allen; Ulster County District Attorney D. Holley Carnright; Jeff Rindler, the Executive Director of the Hudson Valley LGBTQ Center; and Jane Clementi, Co-Founder of the Tyler Clementi Foundation and mother of Tyler Clementi – an 18 year old victim of bullying who tragically ended his life in 2010 and focused national attention on the need for new tools to help prevent cyber-bulling.

Michael P. Hein, Ulster County Executive “All of our children are precious and need to know there is help and protection available,” said Ulster County Executive Mike Hein.  “I am proud of all of the work achieved in collaboration with schools, parents and our stakeholders who assisted in developing this valuable tool to hold those who engage in cyber-bullying accountable.  As technology continues to advance at an ever increasing pace, our youth are more and more susceptible to cyber-bullying with access to the internet and social media at their fingertips.  Cyber-bullying is a serious issue and can be devastating to the victim and their family, and can lead to anxiety, depression and in severe cases suicide.”

Kenneth J. Ronk, Jr., Chair, Ulster County Legislator
"When I was a kid home was the one place where a bullied kid was safe,” said Kenneth J. Ronk, Jr., Chair of the Ulster County Legislature.  “Today cyber-bullying doesn’t just happen at school.  It no longer just happens face to face.  It follows the victim home and can impact every corner of their life.  This Cyber- Bullying Law is an example of legislation catching up with technology.    This law will be a tool for law enforcement to offer some level of protection for victims and identify bullies before they do any more damage."

Jonathan R. Heppner, Ulster County Legislator "Driven by a general support for the intention of this legislation was an important effort by the Legislature and Executive's Office to listen to the community, have a constructive debate and craft the best possible policy,” said Legislator Jonathan Heppner.  “In addition to protecting victims, it was also crucial to have a commitment to education and prevention while also disciplining young people appropriately with productive intervention programming.  I commend Executive Hein, the Legislature and advocates for their work."

Jeff Rindler, Executive Director, Hudson Valley LGBTQ Community Center “The Hudson Valley LGBTQ Community Center applauds County Executive Mike Hein and the Ulster County Legislature for understanding the serious potential impact of cyber-bulling,” said Jeff Rindler, Executive Director of Hudson Valley LGBTQ Community Center. “This law allows us to teach our children that behavior has consequences and hopefully make our youth think twice before hitting the `send button.´"

Jane Clementi, Co-Founder of the Tyler Clementi Foundation
“I am pleased to support Ulster County and County Executive Mike Hein for their forward thinking, understanding and recognition of the need to protect the children of Ulster County from the potential harms of cyber-bullying,” said Jane Clementi, Co-Founder of the Tyler Clementi Foundation.

The new law prohibits cyber-bullying of persons under the age of eighteen who are in Ulster County and includes the following prohibitions:

A person is guilty of Cyber-Bullying of a Minor when: with the intent to harass, abuse, intimidate, torment, or otherwise inflict emotional harm on a minor, the actor electronically transmits, anonymously or otherwise:
            a. information about such minor which has no legitimate communicative purpose and the actor knows or reasonably should know that the electronic transmission of the information will cause harm to the minor’s reputation or the minor’s relationships with the minor’s parents, family members, friends, peers, employers, and school administrators and faculty; or
            b. private sexual information about the minor; or
            c. a photograph or a video, whether real or altered, that depicts any uncovered portion of the breasts, buttocks, or genitals of the minor and said photograph or video has no legitimate communicative purpose; or
            d. false sexual information about the minor; or
            e. information that has no legitimate communicative purpose by appropriating the minor’s name, likeness, e-mail accounts, websites, blogs for the purpose of harassing such minor or other minors.

County Executive Hein was joined by Jane Clementi of the Tyler Clementi Foundation which she co-founded with her husband Joseph Clementi.  The Clementi’s son Tyler ended his life in 2010 after losing their son to suicide due to bullying.  The Tyler Clementi Foundation works to end online and offline bullying in schools, workplaces and faith communities in the United States.  For more information please visit http://tylerclementi.org/.

Annually, County Executive Hein participates in No Name-Calling Week, a national bullying prevention week which is co-sponsored by GLSEN and the Hudson Valley LGBTQ Center in order to raise awareness of bullying and to celebrate kindness.  Over the years the County has developed webcasts, videos for elementary and middle school students, visited school assemblies and classrooms and collaborated with other local youth groups.  In addition, Ulster County has recently partnered with the Voice Theatre to provide over 50 anti-bullying workshops at six high schools throughout the County, and the Don't Be A Monster Program during National Bullying Prevention Awareness Month in October. For more information please visit http://ulstercountyny.gov/executive/stop-bullying.






 
 
 

↧

Press Release - Social Host Law

April 20, 2017, 11:40 am
↧

Press Release - Solane Verraine indictment

April 21, 2017, 7:25 am
$
0
0


FROM:  HOLLEY CARNRIGHT
DATE:  APRIL 21, 2017
RE:  PRESS RELEASE – PEOPLE V. SOLANE VERRAINE

An Ulster County Grand Jury filed an indictment today charging Solane Verraine of Phoenicia, New York with Manslaughter in the Second Degree as a result of the death of John Owings, Jr., age 65, on November 19th, 2016. The indictment charges Verraine with intentionally causing or aiding John Owings Jr. to commit suicide. At the time of Mr. Owings’ death the defendant resided with him in Phoenicia.

The defendant is represented by Kevin Harp of the firm of Mainetti, Mainetti and O’Connor. The case is being prosecuted by Chief Assistant District Attorney Michael J. Kavanagh.


↧
↧

Press Release - National Do Not Call Registry

April 21, 2017, 8:31 am
$
0
0


FROM: HOLLEY CARNRIGHT
DATE: APRIL 21, 2017
RE: PRESS RELEASE -  NATIONAL DO NOT CALL REGISTRY


You can reduce the number of unwanted sales calls you get by signing up for the National Do Not Call Registry, according to the Ulster County District Attorney’s Division of Consumer Affairs.

Most legitimate companies don’t call if your number is on the Registry. If a company is ignoring the Registry, there’s a good chance it’s a scam. If you get these calls, hang up and file a complaint with the Federal Trade Commission (FTC).

How do I register?
Add your phone number for free by visiting donotcall.gov, or calling 1-888-382-1222 from the phone you want to register.

If I register my number, will ALL unwanted calls stop?
No, the Do Not Call Registry prohibits sales calls. You still may receive political calls, charitable calls, debt collection calls, information calls and telephone survey calls.

My number is on the Registry, so why am I still getting illegal calls?
Since 2009, the FTC has seen a significant increase in the number of illegal sales calls – particularly robocalls. The reason is technology. Internet powered phone systems make it cheap and easy for scammers to make illegal calls from anywhere in the world, and to display fake caller ID information, which helps them hide from law enforcement.

What is the FTC doing to stop these calls?
To date, the FTC has sued hundreds of companies and individuals who were responsible for placing unwanted calls, and has obtained over a billion dollars in judgments against violators.

What are the penalties for breaking the law?
Those who violate the National Do Not Call Registry or place an illegal robocall can be fined up to $16,000 per call.

For further information, visit http://www.consumer.ftc.gov/articles/0108-national-do-not-call-registry. Ulster County Consumer Affairs can be reached at 340-3260.
↧

Press Release - Jeffrey C. Brown Sentence

April 24, 2017, 11:38 am
$
0
0



FROM: HOLLEY CARNRIGHT
DATE: APRIL 24, 2017
RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCE: SAUGERTIES MAN SENTENCED TO 15 YEARS FOR COURSE OF SEXUAL CONDUCT AGAINST A CHILD

Jeffrey C. Brown, 54, of 227 Partition Street in Saugerties, was sentenced Monday, April 24, 2017, in Ulster County Court to 15 years in state prison to be followed by 20 years of post-release supervision on his conviction to course of sexual conduct against a child in the first degree. In addition, he will be required to register under the New York State Sexual Offender Registration Act for the remainder of his life.  An Order of Protection in favor of the victim will remain in effect until 2060.

Brown pled guilty on February 23, 2017. During his plea allocution, he admitted that between September 1, 2014 and December 29, 2014, he engaged in at least two acts of sexual conduct which included at least one act of sexual intercourse, oral sexual conduct or anal sexual conduct with a child who was less then thirteen years old.  An investigation conducted by the Ulster County Family and Child Advocacy Center led to Brown’s arrest on August 25, 2016.

At sentencing, the defendant apologized for his behavior and asked forgiveness stating that he was “good to them for awhile” and he should have been the person he started out.  He claimed he will love the family forever.  However, County Court Judge Donald A. Williams had harsh words for the defendant telling Brown that to ask forgiveness was “beyond any sense of human decency” and that he “could not imagine anything more loathsome” than what the defendant has done preying on a vulnerable child to “satisfy his perverse desires”.   

District Attorney Holley Carnright, stated “The courage of this young person to overcome her own personal suffering and expose an adult figure who should have provided shelter to her from such atrocities, cannot be underestimated.  Most of these abhorrent crimes against children simply cannot commence without one victim who has the courage to make a disclosure.”      

The case was prosecuted by Special Victim’s Bureau Chief Katherine R. VanLoan of the Ulster County District Attorney’s Office. The defendant was represented by the Ulster County Public Defender’s Office.        


↧
Search

Press Release - Social Host Law

April 25, 2017, 6:49 am
↧

Press Release - Proms/Graduation

April 25, 2017, 6:50 am
$
0
0




FROM:  HOLLEY CARNRIGHT
       ULSTER COUNTY DISTRICT ATTORNEY

DATE:  APRIL 25, 2017

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 Website:  www.co.ulster.ny.us

↧
↧

Press Release - Sarra Gilbert

April 28, 2017, 8:30 am
$
0
0

                                                            PRESS RELEASE

RE:         People v. Sarra Gilbert

Date:     April 28, 2017
 

 

SARRA GILBERT CONVICTED OF MURDER FOR KILLING HER 52 YEAR OLD MOM

               An Ulster County trial jury convicted 28 year old Sarra Gilbert for the murder of her mother, Mari Gilbert, of Center Street, Ellenville.

According to a press release by Ulster County DA Holley Carnright, the murder occurred in the morning of July 23, 2016, at the defendant’s apartment, 9 Warren Street, Ellenville, NY.

Attorney John Ray, representing Gilbert, did not contest the fact that Gilbert stabbed her mother to death, but argued that she was not responsible for her actions because, at the time, she suffered from a mental disease or defect (schizophrenic disorder), which caused her to lack capacity to appreciate her actions or that they were wrong.  The claim of defendant’s mental illness did not fall on deaf ears, stated Ulster County District Attorney D. Holley Carnright.  Clearly, Ms. Gilbert has mental health issues.  Frankly, anyone who kills their mother has mental health issues.  But that is not the question.  The question is whether the defendant’s mental state rises to the level that she does not understand her actions and know that they are wrong. 

Senior Assistant District Attorney Emmanuel Nneji and I looked carefully at the defendant’s mental health claim, but the more Emmanuel got into the case, the more I became convinced that this defense did not fit.

Our office’s involvement with Gilbert started when Ellenville PD responded to the report that Gilbert drowned her son’s puppy in February of 2016.  In fact, the police body cams from that case were played by ADA Nneji to this jury.  In our view, that video belied the claim that Gilbert didn’t know what she was doing and that it was wrong.

Nneji also presented to the jury that the victim in this case, Gilbert’s mother, had called the police regarding the puppy drowning, which resulted both in Gilbert’s arrest and the loss of custody of her son.

Central to our view of the case was the defendant’s systematic long term drug abuse.  In addition to stating that she smoked multiple “blunts” of marijuana daily since she was 14 years old, she also admitted using LSD.  Moreover, she admitted the daily use of MDMA.  Nneji was able to correlate the defendant’s use of psychosomatic drugs to her hospitalizations, pointing out that, on one of her later hospital stays, the doctor’s observed that Gilberts “symptoms” were likely caused by her use of LSD.  I was also very impressed by Dr. Antoniak’s careful and thoughtful evaluation.  In the end, the jury apparently agreed with our evaluation.

Sarra Gilbert remains in Ulster County Jail pending her sentencing which is scheduled for August 4, 2017.
↧

Press Release - David Arcuri

May 4, 2017, 11:09 am
$
0
0

David Arcuri, age 30, of Walden, New York, pled guilty to the felony of Leaving the Scene of a Personal Injury Accident, today in Ulster County Court.  The case stems from an incident on April 25th, 2015 at 3:30 a.m. when Arcuri hit a female SUNY New Paltz student with his vehicle.  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.  Arcuri is due to be sentenced on July 6, 2017 and faces up to 1-3 years in state prison. The case was prosecuted by Assistant District Attorneys Paul Derohannesian and Michael Kavanagh. The defendant was represented by attorney Paul Gruner.  
↧

Press Release - Julian Caggiano

May 4, 2017, 11:27 am
$
0
0

The Appellate Division, Third Department has today unanimously affirmed judgments of conviction in the following case:
 
People v Julian Caggiano

In September, 2014, the defendant, 17 years old, was convicted upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree as a result of a series of sales of heroin he made to undercover officers working with the Ulster Regional Gang Enforcement Narcotics Team (URGENT). 

In exchange for his plea to criminal possession of a controlled substance in the third degree, defendant was sentenced, in accordance with the plea agreement, to a State prison term of five years to be followed by five years of post-release supervision.  As part of the negotiated plea agreement, defendant also waived his right to appeal.  Though he requested youthful offender treatment, County Court denied his application following numerous discussions on that issue.

On appeal, defendant challenged County Court’s discretionary decision to deny him youthful offender status, and argued that the agreed upon term of imprisonment was unduly harsh and excessive.  The Appellate Division, Third Department, however, rejected both claims finding that his valid and unchallenged waiver of appeal precluded review of both of those claims. 

On appeal, the defendant is represented by Lee C. Kindlon, Esq. of Albany, New York.  Assistant District Attorneys Joan Gudesblatt Lamb, Esq. and Clifford Owens, Esq. handled the appeal for the District Attorney’s Office.

 
↧
Viewing all 481 articles
Browse latest View live
Search
<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>