Press Release - McPherson Sentence

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 27, 2014

RE: PRESS RELEASE – BROTHER McPHERSON

Brother McPherson (AGE 26), last known address, City of Kingston, New York, was sentenced yesterday by Ulster County Court (Hon. D. Williams) to ten (10) years state prison and five (5) years post release supervision for a conviction of Attempted Robbery in the First Degree. Defendant had pled guilty on December 18, 2013.

On September 6, 2013, McPherson and co-defendant, Michael Rodriguez, had planned to rob David Amato of a large sum of money Amato was carrying for deposit for his employer. Amato, who knew Rodriguez socially, had lent Rodriguez money prior to September. On September 6, as a ruse to rob Amato, Rodriguez told Amato to meet him at a Wall Street residence so Rodriguez could pay back the money owed to Amato. Instead of Rodriguez showing up at the residence, his co-defendant Brother McPherson forcibly entered the residence armed with a handgun. McPherson pistol whipped Amato until Amato turned over the keys to his car that contained a large sum of money in the trunk. McPherson left with the keys but could not start the car, so he came back into the residence whereupon Amato jumped off the second floor roof of the residence to get away. Amato fractured his leg upon landing.  McPherson ran out of the residence, dragged Amato to the car, and forced Amato to start the vehicle. McPherson drove off with the car and the money, and met up with Rodriguez where they split the money.

The Kingston Police and the Chief Investigator from the Ulster County District Attorney’s Office began an investigation which culminated in the capture and arrest of McPherson and Rodriguez.

Defendant  has an extensive criminal history, dating back to 2003, that includes felony convictions for Sale of Narcotics (2) and Robbery (1); Misdemeanor convictions for Resisting Arrest and UnAuthorized Use of a Motor Vehicle.

Michael Rodriguez was convicted of Grand Larceny 2nd and Conspiracy 4^th and sentenced to four (4) to eight (8) years indeterminate.

Press Release - Jones Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     FEBRUARY 27, 2013

The Appellate Division, Third Department has today unanimously affirmed the October, 2012 conviction of Devon Jones upon a plea of guilty convicting him of the crimes of burglary in the first degree and robbery in the first degree, class B violent felonies, as a result of a violent home invasion which took place in Ellenville, New York in May, 2009 during which two victims were pistol whipped and seriously injured while a three year old child was nearby.  Several days later, the defendant was involved in a second violent home invasion in Orange County for which he was separately prosecuted by the Orange County District Attorney’s Office. 

Defendant, who was charged with multiple violent felony offenses but pled to burglary in the first degree and robbery in the first degree in satisfaction of the eight count indictment was sentenced by Ulster County Court Judge Williams to 25 years in State Prison, followed by five years postrelease supervision to be served concurrently with the prison term imposed upon him for his Orange County conviction. 

On appeal, the defendant challenged his sentence on the ground it was unduly harsh and excessive, and also maintained that his plea was coerced by a threat by County Court and that he had been deprived of meaningful representation by defense counsel’s failure to move to suppress his statement to authorities in Orange County.  These claims were flatly rejected by the Appellate Division, Third Department. 

On appeal, defendant is represented by Barrett D. Mack, Esq. of Valatie, New York.  Assistant District Attorney Carly Wolfrom, Esq. handled the appeal for the Ulster County District Attorney’s Office.

Press Release - Phony Emergency Calls "Help Grandma"

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 25, 2014

RE: PRESS RELEASE – PHONY EMERGENCY CALLS “HELP GRANDMA”

Ulster County seniors are warned of phony “emergency” calls asking grandparents to wire money to help a grandchild who is “in trouble.” According to the Ulster County District Attorney’s Division of Consumer Affairs, there are several warning signs of the grandparent scam:

• An urgent call for financial help with an emergency such as a car crash, medical emergency or trouble with the law;
• A request to send money by wire transfer via Western Union or MoneyGram;
• A request to keep the call confidential.

Grandparent scam con artists sometimes trick their victims into mentioning names or they might already have information gleaned from social networking sites like MySpace or Facebook. The best defense is to be skeptical. Ask questions to verify the caller’s identity. Always call parents or other family members before considering sending anyone money. Don’t be rushed. Don’t wire money, which is like sending cash and is impossible to recover, and, never give credit card or bank account information over the phone.

Consumer Affairs can be reached at 845-340-3260.

                                                               

Press Release - Francisco Vaszquez-Cruz

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 20, 2014

RE: PRESS RELEASE – PEOPLE V FRANCISCO VASQUEZ-CRUZ

Francisco Vasquez-Cruz, (DOB 2/4/1987), of 2 Roosevelt Ave., Poughkeepsie, NY, was sentenced on February 19, 2014 to 4-12 years in state prison on his conviction to Vehicular Manslaughter in the First Degree in Ulster County Court by the Honorable Donald A. Williams.

Vasquez-Cruz was arrested by members of the Town of Lloyd Police Department on May 2, 2013, after Vasquez-Cruz’s Chevy Trailblazer collided head-on into a motorcycle driven by Fernando Diaz, Jr., 41, of Newburgh, N.Y. Investigation revealed that Vasquez-Cruz had been drinking at a bar in Newburgh and was driving north on Route 9W with no headlights on at approximately 10:30 PM towards the Mid-Hudson Bridge ramp when the impact occurred. Collision reconstruction performed by the New York State Police revealed that the impact occurred in the lane of travel occupied by the motorcycle.

Blood test results revealed that Vasquez-Cruz had a blood alcohol content of .25 at the time of the accident.

The case was prosecuted by Senior Assistant District Attorney Gerard Van Loan and Vasquez-Cruz was represented by Maria Tobia.

Press Release - Dyckman & Sheskier Appeals

PRESS RELEASE

TO:       ALL NEWS MEDIA

FROM:     HOLLEY CARNRIGHT

DATE:     FEBRUARY 19, 2014

On February 13, 2014, the Appellate Division, Third Department affirmed judgments of convictions in the following cases:

People v Joel Dyckman:

Joel Dyckman was convicted on September 15, 2011 in the Ulster County Court upon a plea of guilty of the crime of robbery in the first degree, a class B violent felony. 

Defendant’s conviction stems from incidents which occurred on December 3 and 31, 2010.  On those dates, defendant, a cab driver and heroin addict, robbed two separate convenient stores while brandishing what appeared to be a handgun. After seizing cash he ordered the frightened store clerk to lay face down on the floor and fled from the premises. 

In connection with the plea agreement, defendant, a prior felony offender, was sentenced by County Court Judge Donald A. Williams to a determinate term in prison of 12 years.  On appeal, the defendant challenged the waiver of appeal, which he executed during the plea proceedings, and also argued that the sentence imposed by County Court was unduly harsh and excessive.  However, the Appellate Division, Third Department rejected both of those claims. 

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

People v Edward Sheskier:

Edward Sheskier was convicted upon a plea of guilty of burglary in the second degree in December, 2011.  Defendant’s conviction stems from his arrest for two separate incidents which occurred on August 26, 2010.  On that date, defendant, along with co-defendants David Cole and Danielle Winter, burglarized two separate residences on Krum Road in the Town of Rochester, stealing thousands of dollars worth of jewelry which they carried from one of the residences in a pillowcase.  After fleeing from the scene, defendant and his cohorts disposed of some of the jewelry at pawnshops in Middletown and at a gold dealer in Central Valley for cash.  The defendant and his accomplices used the  proceeds to buy heroin in Newburgh. 

Defendant was sentenced by County Court (Williams, J.) as a prior felony offender to a determinate term of 10 years to be followed by five years postrelease supervision and ordered to make restitution. 

On appeal, defendant argued that he was deprived of meaningful representation; the Appellate Division, Third Department, found that claim was unpreserved for appellate review and without merit, in any event. 

On appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.