Press Release - Brandon Devaux

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 12, 2013

RE: PRESS RELEASE - PLATTEKILL MAN INDICTED FOR FORCIBLE RAPE AND CRIMINAL SEXUAL ACT AGAINST ELDERLY WOMAN IN HOME INVASION

Brandon Devaux, 27, of 38 Country Pond Lane, Plattekill, was indicted Thursday, December 12, 2013, by an Ulster County Grand Jury for Rape in the First Degree, Criminal Sexual Act in the First Degree and Burglary in the First Degree, all violent felonies.  The indictment will supersede a previous one count indictment for Burglary in the Second Degree handed up less than two weeks after the offenses were committed.   

The first indictment for burglary was presented to the Grand Jury, immediately, in order to maintain the defendant’s incarceration status. The two week delay in submitting the sexual assault charges to the Grand Jury was due to the need for the forensics to be completed. The forensic units, such as those dealing with DNA and fingerprints, expedited their analysis so the Grand Jury could have additional evidence to consider prior to the expiration of their term at the end of the year.

  The defendant will be arraigned in Ulster County Court at a date to be determined.  If convicted, the defendant faces a substantial state prison sentence and would be required to register under the New York State Sexual Offender Registration Act.

 The case is being prosecuted by Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by the Ulster County Public Defender’s Office.

Press Release - Beware Pitfalls of Medical Credit Cards

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 5, 2013

RE:  PRESS RELEASE – BEWARE PITFALLS OF MEDICAL CREDIT CARDS

With increasing numbers of health care professionals urging patients to use medical credit cards (e.g., CareCredit, a subsidiary of GE Capital Bank) to pay for treatments not covered by their insurance plans, Attorney General Eric T. Schneiderman issued a consumer alert on the risks associated with health care financing. A copy of this alert is available from the Ulster County District Attorney’s Division of Consumer Affairs.

Consumers should consider these tips to avoid problems associated with these cards and lines of credit:

·        Give yourself time to understand the terms of financing. Take the time to read the entire contract; don’t rely on a sales pitch.

·        Resist any pressure to apply immediately, even though it is your provider who is offering you the financing.

·        If your provider tries to charge you in advance of treatment, ask to be charged for each visit separately instead.

·        If the services will span more than one visit, you may ask for a detailed treatment plan.

·        If applying for deferred interest (“no-interest”) financing, understand how the deferred interest will accrue and when it will be imposed. Understand the monthly payments you must make in order to avoid interest.

·        Ask your provider for alternative payment options, such as an in-house payment plan. Once you sign up for a credit card or other financing, you may have more difficulty addressing billing matters with your provider.

·        Make sure your insurance coverage, if any, is exhausted before using a credit card or other financing.

Consumer Affairs can be reached at 340-3260.

Press Release - Chauncey Girard Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     DECEMBER 2, 2013

On November 27, 2013, the Appellate Division, Third Department  unanimously affirmed the March, 2011 conviction of Chauncey Girard upon his plea of guilty of burglary in the first degree, a class B violent felony. 

Defendant’s conviction stems from an incident which occurred on August 20, 2009 only nine hours after he was released from State Prison and in direct violation of a condition of parole.  On that date, the defendant broke into his former girlfriend’s residence, entered her bedroom and punched her new boyfriend in the face.  In the midst of the trial, after his girlfriend’s direct testimony, defendant pled guilty to burglary in the first degree.  At sentencing, County Court (Williams, J.) imposed a 16 year determinate sentence followed by five years postrelease supervision. 

On appeal, defendant challenged County Court’s denial of his motion to suppress statements he made to police.  He also argued that the Court’s pretrial rulings were improper and that the sentence imposed by County Court was unduly harsh and excessive.  After reviewing defendant’s claims of error, the Appellate Division, Third Department unanimously affirmed defendant’s conviction.

On appeal, defendant is represented by Assistant Public Defender Michael K. Gould, Esq.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the Ulster County District Attorney’s Office.

Press Release - Mark English Sentence

From: Holley Carnright

Date: November 26, 2013

Re:  Press Release on People v. Mark English

Mark English, 52, formerly of Port Ewen, was sentenced today in Ulster County Court to 1 1/3 – 4 years in state prison upon his conviction for felony Scheme to Defraud in the First Degree.  From 2005 through 2007, English owned and operated the now defunct Hudson Valley Saints minor league football team, which played at Dietz Stadium in Kingston.  During his tenure with the Saints, he borrowed large sums of money from various individuals claiming that he needed the money for team expenses, but he used some of the sums for his personal interests and never repaid any of the loans.

In pronouncing sentence, Judge Donald Williams indicated that the seriousness of the crime, along with English’s failure to show a sincere intention to make significant restitution since the time of his plea in June, (he had amassed only $1472 in restitution funds), required that he be sentenced to state prison. 

Press Release - Jason Dewitt Sentencing

FROM: HOLLEY CARNRIGHT

DATE: NOVEMBER 26, 2013

RE: PRESS RELEASE – JASON DEWITT

Jason DeWitt 34, Town of Ulster, was sentenced today to seven years in state prison and ten years post release supervision for having sexual contact with a female under the age of 11 years old. He will be required to register as a sexual offender when released from prison. The defendant pled guilty to Sexual Abuse in the First Degree on 9/24/13. This is the defendant's second conviction. In 2005, the defendant was found guilty of sexual misconduct and endangering the welfare of a child after a jury trial in Orange County for having sexual intercourse with a female under the age of fifteen. However, that conviction was reversed on appeal on October 30, 2008 due to remarks made by a court officer in the presence of the jurors. The case was returned for retrial in the Town of Montgomery Justice Court and on August 9, 2009 at which time the defendant pled guilty to Endangering the Welfare of a Child.

Sentencing judge Donald A. Williams stated to the defendant during the sentencing proceeding, “this time is not enough but this is the maximum period I am allowed to give by law.” The court also issued an order of protection effective until November 26, 2038.