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Press Release - Daniel O'Day conviction

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FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   NOVEMBER 2, 2018

SUBJECT: PRESS RELEASE – DANIEL O’DAY

On October 31, 2018, an Ulster County jury convicted Daniel O’Day, of Kingston, New York, age 60, of two counts of Driving While Intoxicated, as misdemeanors, and the class E felony felony of Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree. The jury found that on March 26, 2017 the defendant was driving a motor vehicle, while intoxicated, on State Route 28 in the Town of Ulster.  At the time he was driving the vehicle, the defendant’s license was suspended as a result of two prior arrests for Driving While Intoxicated.  

The evidence at trial showed that on March 26, 2017, at approximately 7:58 pm, Investigator Joseph Manner, of the New York State Police, observed the defendant driving a Jeep on State Route 28, in the Town of Ulster.  Investigator Manner ran a check of the vehicle’s license plate and discovered that the defendant’s license was suspended for two prior arrests for Driving While Intoxicated, one occurring on July 21, 2016 in the Town of Kingston and one occurring on January 6, 2017 in the Town of Woodstock.  Investigator Manner effectuated a stop of the defendant’s vehicle, which ultimately stopped in the parking lot of the Budget 19 Motel.  Investigator Manner observed that the defendant had bloodshot, glassy eyes, slurred speech, and that there was an odor of an alcoholic beverage emanating from the defendant’s vehicle.  The defendant admitted to consuming two beers three to four hours prior.  Defendant also failed a series of field sobriety tests.  A breath test, given thirty-eight minutes after defendant was operating the motor vehicle, indicated that the defendant’s blood alcohol content was 0.13%.  

The case was presided over by the Honorable Donald Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Assistant Public Defender Russell Schindler. Sentencing is scheduled for January 11, 2019

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