Press Release - Ian Stewart Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 15, 2017

The Appellate Division, Third Department has unanimously affirmed the July, 2015 conviction of Ian Stewart upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree. 

In April, 2015, the defendant, who knowingly and unlawfully possessed a quantity of cocaine which weighed 500 milligrams or more, waived indictment and entered a guilty plea to criminal possession of a controlled substance in the fifth degree in exchange for the agreed upon sentence of three years in State prison to be followed by three years of postrelease supervision.  At that time, the defendant also waived his right to appeal.  On July 1, 2015, the defendant, a second felony offender, was sentenced by County Court Judge Donald A. Williams to the agreed upon term of three years in prison followed by three years of postrelease supervision. 

Although the defendant pled guilty to an agreed upon disposition and waived his right to appeal, he appealed claiming that he was improperly sentenced as a second felony offender because the Court failed to advise him that he could controvert the allegations contained in the prior felony information.  The Appellate Division, Third Department, however, concluded that this claim was unpreserved for review in light of defendant’s failure to object at sentencing and regardless, the Court had substantially complied with the requirements of CPL §400.21(3), which governs the procedure to be followed. 

Since the defendant is indigent the taxpayers of Ulster County paid for a public defender, Michael Gould, to file this appeal. They also paid to have the appeal defended by Assistant District Attorney Joan Lamb. They paid to have the appeals brief and the opposition brief printed and, of course, they are helping to pay the salaries of the judges, clerks, and other personnel in the Appellate Division.

The defendant, age 36, has two felony convictions and four misdemeanor convictions and multiple bench warrants on his record.

Press Release - Seth Lyons Indictment

FROM:  HOLLEY CARNRIGHT

DATE:  DECEMBER 14, 2017

RE:  PRESS RELEASE – PEOPLE V. SETH LYONS

An Ulster County Grand Jury filed an indictment today in New York Supreme Court charging Seth Lyons with Murder in the Second Degree for killing Anthony Garro, Jr. on November 29^th, 2017, in the City of Kingston.  The indictment charges Lyons with intending to cause the death of Anthony Garro, Jr. and actually causing his death. 

The Office of the Medical Examiner ruled the death a homicide and determined the cause of death to be the result of blunt impact head injuries. 

Anthony Garro, Jr., was found deceased under the Elmendorf St. Bridge during the early morning hours of November 29^th, 2017.  An intensive investigation by members of the City of Kingston Police Department and the New York State Police led them to Lyons, who was located in the City of Kingston that same morning.  Lyons was subsequently arrested and charged with Murder in the Second Degree.

Lyons is scheduled to be arraigned on the indictment in Ulster County Court on December 15, 2017.

Press Release - David Vega-Soto Sentence

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 13, 2017

RE:  PRESS RELEASE

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  KINGSTON MAN RECEIVES MAXIMUM SENTENCE FOR SEXUAL ABUSE OF CHILD  

David Vega-Soto, 38, formerly of 82 Henry Street in the City of Kingston was sentenced Tuesday, December 12, 2017, by County Court Judge Donald A. Williams, to 7 years in state prison to be followed by 10 years post release supervision.  This is the maximum sentence for the Class “D” violent felony offense of Sexual Abuse in the First Degree, the sole count of the Indictment to which the defendant pled guilty  on October 12, 2017.   In doing so, Vega-Soto admitted that on June 25, 2017, he subjected another person to sexual contact who was less than eleven years old.  Vega-Soto will be required to register under the New York State Sexual Offender Registration Act for a minimum of 20 years and an Order of Protection was issued to remain in effect until 2035.  The defendant is a citizen of Mexico and may face additional proceeding with the United States Department of Homeland Security Immigration and Customs Enforcement.

The defendant was arrested on June 30, 2017 following an investigation by the Ulster County Family and Child Advocacy Center.  He was indicted by an Ulster County Grand Jury on July 11, 2017 and charged with one count of Sexual Abuse in the First Degree.

District Attorney Carnright praised the victim of this crime and other children in the home for their bravery in coming forward quickly.  He also lauded both the Kingston Police Department and the Ulster County Family and Child Advocacy Center for their swift response in investigating the report and apprehending the defendant.

The case was prosecuted by Special Victims Bureau Chief, Katherine R. Van Loan.  The defendant was represented by Lexter Antonio, Esq.  and Maria Pichardo, Esq. of Rego Park, New York.    

 

Press Release - Andrew Wellington Trial

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 11, 2017

RE: PRESS RELEASE ANDREW WELLINGTON TRIAL

A jury of seven men and five women returned a verdict of not guilty on Friday afternoon for Andrew Wellington, age 24, on an indictment charging him with Assault in the second degree.  Wellington was charged on February 24, 2017 after his 3 year old daughter was taken to the hospital and had a BB pellet removed from her lip.  Hospital personnel observed that she had four other wounds consistent with being shot by a BB or pellet gun.  The other wounds were on her temple, neck, hand and torso. 

Upon questioning by the hospital personnel, Wellington replied that his 3 year old daughter shot herself with a BB pistol while she was upstairs alone in her room.  The ensuing police investigation revealed that no one other than the defendant was with the child at the time she received her injuries.  A BB pistol was recovered at the scene which was identified by Wellington as the gun.  It was later tested by police personnel and found to be in normal operating condition.

At the trial the victim, now age 4, was allowed to testify although, given her age, her testimony was unsworn. She explained that her father had shot her. Wellington did not testify.

The case was prosecuted by Katherine R. Van Loan, Bureau Chief of the Special Victim’s Bureau of The Ulster County District Attorney’s Office. The defendant was represented by Carol Morgan of the law offices of Mitchell H. Spinac.

Wellington, who has both prior misdemeanor and felony convictions, is in jail pending hearings on his violation of probation proceedings.

Press Release - Gilberto Ballester-Perez Sentence

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 11, 2017

RE: PRESS RELEASE

Gilberto Ballester-Perez, 36, formerly of 299 Mettacahonts Road Accord was sentenced in Ulster County Court on Friday, December 8, 2017 to 7 years in prison with 10 years post-release supervision on his arrest for Course of Sexual Conduct against a Child in the second degree.

The defendant was arrested on December 13, 2016 following an investigation by the Ulster County Family and Child Advocacy Center. 

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