FROM: HOLLEY CARNRIGHT
ULSTER COUNTY DISTRICT ATTORNEY
DATE: DECEMBER 3, 2015
SUBJECT: PRESS RELEASE – ALBERT MAY CONVICTION
On Wednesday December 2, 2015, Albert May, age 30, of Ellenville, NY, was found guilty by an Ulster County jury of the felonies of Driving While Intoxicated and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree.
The case stemmed from May’s arrest by members of the New York State Police in Ellenville on October 4, 2014 at 4:28 am.
The evidence at trial established that the defendant operated a motor vehicle on State Route 44/55 and failed to dim his headlights to an oncoming New York State police vehicle. Upon observing this infraction, the state police turned and followed May’s vehicle and noticed the vehicle swerve over the double yellow line. Upon speaking with the defendant he admitted to consuming 3 glasses of rum. He subsequently failed all field sobriety tests. The defendant’s breath test showed a blood alcohol content of .17, more than twice the legal limit.
At trial the defendant took the stand in his own defense and testified to the jury that he went out to the village of New Paltz with two friends to go “bar hopping”. He denied telling the officers that he drank three glasses of rum, but admitted to consuming two Long Island iced teas (a drink that contains vodka, tequila, rum and triple sec) and admitted to the jury he was driving without a license, although he claimed he was not intoxicated. By taking the stand, the jury was able to hear about his lengthy criminal history which includes domestic violence convictions for Criminal Contempt in the First Degree and Assault in the Third Degree, among others. Defendant also has a prior conviction for DWI from 2007 which was not disclosed to the jury.
Sentencing is scheduled on February 9, 2016 in front of Judge Donald Williams. He faces a sentence of up to one and one-third to four years in prison. In addition, the defendant faces a second pending indictment also for Felony Driving While Intoxicated.
The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Russell Schindler.