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

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.

Press Release - David Arcuri

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.

Press Release - Social Host Law

Press Release - Proms/Graduations

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

Press Release - Carmen Dubaldi

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 Clerk Annie 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. 

 

Pascarella trial

TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  April 8, 2016

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

 

On April 8^th, 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 27^th, 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.

Press release - William Keener

 

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.

 

AVOIDING MONEY TRANSFER SCAMS

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.