Press Release Hawkins and Carney Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, ASSISTANT DISTRICT ATTORNEY

DATE:     OCTOBER 25, 2013

The Appellate Division, Third Department has unanimously affirmed judgments of convictions in the following cases:

People v. Michael Hawkins

Michael Hawkins was only 16 years of age on June 30, 2009 when he shot a man in the arm on Smith Avenue in the City of Kingston in the middle of a crowded street in broad daylight. He was convicted, upon a jury verdict rendered June 25, 2010, of two counts of criminal possession of a weapon in the second degree, a class C violent felony.

Defendant was subsequently sentenced by County Court Judge Donald A. Williams to concurrent determinate terms of imprisonment of 15 years to be followed by five years postrelease supervision, the maximum sentence allowed by law. 

On appeal, defendant not only challenged the legal sufficiency and weight of the evidence supporting his conviction, but the voluntariness of his confession and the proof regarding his identity as the shooter and owner of the pistol.  Among other issues raised, defendant claimed that he was deprived of a public trial when the Court excluded infants from the courtroom during the summations and jury charge, and that the maximum sentence imposed by County Court was unduly harsh and excessive.  The Appellate Division, however, found defendant’s claims to be without merit. 

On appeal, the defendant is represented by Neal Futerfas, Esq.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

People v. Kirk Carney

Carney was convicted upon a jury verdict rendered July 22, 2011 of the crimes of criminal contempt in the second degree, menacing in the second degree, criminal possession of a weapon in the fourth degree and driving while ability impaired. 

The charges stemmed from an incident wherein defendant pointed a rifle at a vehicle stopped next to him at a traffic light. 

Defendant was sentenced by Charles Tailleur, J. to 180 days on his driving while ability impaired conviction to run consecutively with concurrent one year jail terms on the remaining misdemeanor charges. 

On appeal to the Appellate Division, Third Department, defendant argued that hearsay testimony was improperly admitted during his trial and that the prosecutor improperly vouched for the People’s witnesses and asserted her own personal beliefs during the summation, thereby depriving him of a fair trial.  Defendant’s challenges were, however, rejected by the Appellate Division, Third Department. 

On appeal, defendant is represented by Cliff Gordon, Esq. of Monticello, New York.  Former Assistant District Attorney John McGovern, Esq. handled the appeal for the District Attorney’s Office. 

Press Release - Sales Tax Questions

FROM: HOLLEY CARNRIGHT

DATE: OCTOBER 25, 2013

RE:  PRESS RELEASE – SALES TAX QUESTIONS

Do you have a question about sales tax rates or what products and services are/are not subject to New York State sales tax? For basic, easy-to-understand explanations of particular sales tax topics, the Ulster County District Attorney’s Division of Consumer Affairs suggests consulting the State’s sales tax bulletins, available on the New York State Department of Taxation and Finance’s website at www.tax.ny.gov.

Consumers without internet access can call the Sales Tax Information Center at 518-485-2889.

Consumer Affairs can be reached at 340-3260.

                                                  

Press Release - People v William Keener

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   October 22, 2013

SUBJECT: PRESS RELEASE – WILLIAM KEENER

On October 18, 2013, a jury of 5 men and 7 women convicted William Keener, of Hurley, NY, age 52, of the crime of Aggravated Unlicensed Operation in the 1^st Degree, a Class E felony. The jury found that on November 6, 2012 the defendant operated a motor vehicle on Route 212, in the Town of Saugerties, while he was impaired by alcohol and while he did not have a valid driver’s license.  The defendant’s driver’s license had been revoked on September 7, 2011 for refusing to submit to a chemical test during an arrest for Driving While Intoxicated.  

This is the defendant’s fourth conviction for an alcohol related driving offense.  The case was presided over by the Honorable Donald A. Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Assistant Public Defender Russell Schindler. 

Press Release - Eddie Thompson Jr. Appeal

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     OCTOBER 10, 2013

RE:       PRESS RELEASE – EDDIE THOMPSON JR. APPEAL

Today, the Court of Appeals, New York State’s highest court, affirmed the manslaughter in the first degree conviction of Eddie Thompson, Jr., rendered November 19, 2009 in the Ulster County Court upon a jury verdict.

Defendant was charged in an indictment with a single count of murder in the second degree after he twice shot his girlfriend, Frances Johnson, at her home in Milton, New York on October 28, 2008, during an argument.  At trial, defendant claimed that the shooting was accidental, but the jury rejected that defense and convicted him of manslaughter in the first degree.  The defendant’s conviction was subsequently affirmed by the Appellate Division, Third Department. Leave to appeal to the Court of Appeals was later granted by Chief Judge Lippman.    

On appeal, before the Court of Appeals the defendant raised eight separate arguments, but the sole issue addressed by the Court was whether the defendant was denied meaningful representation due to the Public Defender’s failure to exercise a peremptory challenge against a juror who was a long-time friend of the District Attorney.  While the Court of Appeals noted that the Public Defender’s decision not to exercise a peremptory challenge and strike this juror was an unconventional and questionable decision, it concluded that defendant was not denied the effective assistance of counsel as a result, especially in light of the proof against the defendant.

On appeal, defendant is represented by Jack Weiner, Esq. of Chatham, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Audelis Cruz

Date: October 7, 2013

Re:  People v. Audelis Cruz

       On October 4, 2013, following a trial in Ulster County Court, a jury of six men and six women found Audelis Cruz (49) guilty of Murder in the Second Degree.

       On February 3, 2013, Anita Jacobs-Royer (45) was found dead in her home at 56 Third Avenue in Kingston. Her body was almost completely concealed under a pile of clothing on which baby powder had been sprinkled. Wound tightly around her neck and knotted at the back was a bootlace that had been removed from one of her boots lying nearby, and under her body was found a torn piece of a latex glove. The victim's car, laptop computer, and camera were missing from her home.

        When the investigation began, the police interviewed the victim’s estranged husband who cooperated fully with the investigation and was eliminated immediately as a suspect.  The only lead we had was a general description of a large man with a ponytail named Lee who had been in Ms. Royer’s company recently.   

       At the scene, a Burger King receipt was recovered dated the previous Friday.  From there we traced Ms. Royer’s whereabouts backwards from the date of her death and identified the man called Lee as Audelis Cruz.  We had not initially located Ms. Royer’s vehicle and assumed when we found that we would have additional leads to follow.

        Kingston Police Department was the lead agency on the investigation with Det. Sean McDermott being the lead investigating officer.  Working in conjunction with the investigators in my office and the State Police Major Crimes Unit and the Department of Corrections IG’s Office we located Cruz in New York City.  Within two weeks we had developed Cruz’s DNA on the murder weapon (the boot lace), the victim’s car and the tip of the latex glove.  Basically, in about two weeks’ time we went from having almost no leads to having an iron clad case against this murderer.  This was nothing short of outstanding police work.  

        Cruz has an extensive prior criminal history including two violent felony convictions and in fact was on parole for Robbery at the time of the commission of this crime. 

        Chief Assistant District Attorney John Tobin prosecuted this case.  Cruz was defended by Public Defender Andrew Kossover.  He is due to be sentenced by the Hon. Donald Williams on November 6, 2013.

Press Release - Kendall Wade Appeal

FROM: HOLLEY CARNRIGHT

DATE: OCTOBER 4, 2013

RE: PRESS RELEASE – PEOPLE V KENDALL WADE

The Appellate Division, Third Department has today affirmed the April 23, 2008 conviction of Kendall Wade upon a plea of guilty of the crime of murder in the second degree. 

On January 8, 2007, defendant and the victim, 16 year old Jarius “J.R.” Lightfoot, had an argument over the victim’s pregnant girlfriend.  The following day, defendant approached the victim as he walked along Henry Street and the two again exchanged words.  As the victim took off his jacket so the two could fight, defendant pulled out a .22 caliber handgun and shot the unarmed teen dead. 

Defendant was subsequently charged by an Ulster County Grand Jury with murder in the second degree and manslaughter in the first degree. Defendant pled guilty to murder in the second degree, but prior to sentencing, moved to withdraw his plea on the ground, among others, that his mental capacity was impaired by certain medications he was then taking.  County Court (Bruhn, J.) denied the motion without a hearing and sentenced defendant to 18 years to life in prison.

In reviewing defendant’s contention that County Court erred in denying his withdrawal motion without having conducted a hearing, the Appellate Division, Third Department found no abuse of discretion nor the existence of a question of fact warranting a hearing.

On appeal, defendant is represented by John Ferrara, Esq. of Monticello, New York.  Anna E. Remet, Esq. of Roemer, Wallens, Gold and Mineaux, LLP handled the appeal of this matter as a special prosecutor.