Press release - Rodney Ferrer appeal

PRESS RELEASE

The Appellate Division, Third Department has today unanimously affirmed the April, 2010 conviction of Rodney Ferrer upon a jury verdict convicting him of the crimes of assault in the second degree, a class D violent felony, and criminal possession of a weapon in the third degree, a class D felony.   

Defendant’s conviction stems from an incident which occurred on August 6, 2007 when the victim told the defendant to leave his backyard after the defendant attempted to smoke marijuana in front of children.  Although the defendant initially heeded the victim’s request to leave, he returned 15 minutes later and without warning or provocation, stabbed the unsuspecting victim in the neck.  The victim was airlifted to Albany Medical Center and needed emergency surgery to suture three separate blood vessels which had been lacerated during the attack.   

After defendant was convicted by a jury of these crimes, he was sentenced by Judge Andrew Ceresia to a determinate term of seven years with five years’ post-release supervision. 

On appeal, defendant argued that the sentence was unduly harsh and excessive.  However, the Appellate Division, Third Department, citing defendant’s extensive criminal record, which included multiple convictions for robbery and assault, upheld the sentence.  

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

 

 

 

Press release - Jonathan Postell

DATE:   MARCH 27, 2014

SUBJECT: PRESS RELEASE

     On March 24, 2014, Jonathan Postell, age 62, of Hurleyville, New York, was found guilty by a Wawarsing jury of four misdemeanors: Driving While Intoxicated for having a BAC of .08 or greater, Driving While Intoxicated, Driving While Ability Impaired by a drug, and Driving While Ability Impaired by a combination of a drug and alcohol. The evidence at trial established that around 12:19 am on March 14, 2013, the defendant was pulled over by an Ulster County Sheriff’s deputy for crossing the double yellow line on Route 209, and forcing the deputy onto the shoulder to avoid a collision. A blood test of the defendant showed he had a BAC of .08, and also had cocaine in his system.  This was the defendant’s fourth driving while intoxicated offense.

 

The defendant is set to be sentenced on May 16, 2014 by Judge Charles Dechon, who presided over the trial.

 

The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Joel Proyect. 

 

Press release - Lloyd shooting

PRESS RELEASE

 

March 25,2014

 

An Ulster County Grand Jury reviewed a series of incidents that occurred at the “Home” nightclub, located at 3353 Rte. 9W in the Town of Lloyd on January 25, 2014.  

In the early morning hours, police received reports of at least 15 gunshots being fired in the parking lot of the “Home”.  Multiple police agencies, including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others, responded to the call for shots fired and found one man wounded by a gunshot, collapsed in the parking lot of the club.  At the same time, police units located a vehicle on Rte. 9W approximately one mile from the parking lot, which had fled the scene following the shootings, and attempted to stop same.  The vehicle, driven by Tahmel Gordon, and occupied by three other males, initially refused to comply but came to a stop just before a police road block which had been set up near the intersection of Rte. 9W and 44/55.   

Police approached the vehicle and shouted commands to the occupants which were disregarded; during the course of this interaction police observed the driver reach into his waistband for a handgun at which point two police officers fired 3 rounds at the driver, striking him once in the torso and once in the arm.  

Police recovered two handguns from the vehicle, a revolver with six spent shell casings and a loaded semi-automatic.  A third handgun, a loaded revolver, was recovered from the crime scene investigation at the “Home”.   

As a result of their investigation, the Grand Jury has handed down indictments against four men, Tahmel Gordon, a/k/a “Mel”, Frederick Smith, a/k/a “Freddie P”, Dimetri Moseley, a/k/a “Poncho”, and Ja Quan Higgs, a/k/a “Supa”, for Criminal Possession of a Weapon in the Second Degree, a Class C violent felony, and other weapons charges.  All of the defendants are from Poughkeepsie and have suspected Gang affiliations. 

The grand jury was also asked to review the use of deadly physical force by the two police officers who fired their weapons.  The Grand Jury found the police actions that morning to be lawfully justified and determined there was no cause for criminal action against any of the officers who deployed the use of their weapons.

 

 

 

DAVID REESE INDICTMENT

 

 

 

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  GILBOA MAN INDICTED FOR MURDER IN SHOOTING AT DEP

 

David Reese, 53, of 297 Flat Creek Road, Gilboa, was indicted Tuesday, March 25, 2014, by an Ulster County Grand Jury for Murder in the Second Degree, a class “A-I” felony.  

 Reese is accused of intentionally causing the death of a co-worker, Aron Thomas, while at their place of employment, the New York City Department of Environmental Protection located at 71 Smith Avenue in the City of Kingston on February 3, 2014.  Thomas died as a result of a gunshot.      

The defendant will be arraigned in Ulster County Court at a date to be determined.  If convicted, he faces up to twenty-five years to life in state prison. The case is being prosecuted by Bureau Chief Assistant District Attorney Katherine R. Van Loan. The defendant is represented by the Ulster County Public Defender’s Office.

PRESS RELEASE

 

JOSEPH S. KOLLMER

CONVICTED OF CRUELTY TO ANIMALS

 

On, April 19, 2013 The Town of Lloyd Police Department responded to an anonymous phone call alleging that an individual by the name of Joseph S. Kollmer was threatening to kill his dog.  The anonymous caller indicated that Kollmer was staying, and the dog was being kept, at Kollmer’s girlfriend’s house at 234 Vineyard Avenue in Highland.  Officer Kalimeras tracked down the girlfriend, Lacey Hallett and got her consent to allow them into the apartment.  There they found an American pitbull locked in a small closet with numerous wounds about his face, head, neck and body, with no food or water. 

Upon interviewing Hallet, she said Kollmer told her he had fought the dog in Poughkeepsie.  Halley also showed the officers various text messages from Kollmer in which Kollmer threatened to kill the dog in the event Hallet did not allow him to keep the dog at her apartment.  Hallet believed the dog was in the closet for approx. 24 hours. 

The dog was confiscated and taken to Gardiner Animal Hospital for examination and treatment and Kollmer was charged with violating Agriculture and Markets Law Section 353, Cruelty to Animals.   

Kollmer was tried before a jury in Gardiner Town Court on 3/20/14.  Dr. Alison Fougere from the Gardiner Animal Hospital testified along with the police officers and animal control officer.   

The jury found Kollmer guilty.  He is scheduled to be sentenced on May 1, 2014.

Press Release - Feist Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     MARCH 20, 2014

The Appellate Division, Third Department has today unanimously affirmed the March 21, 2012 conviction of George Feist upon a plea of guilty of the crime of course of sexual conduct against a child in the first degree, a class B violent felony. 

Defendant pled guilty to course of sexual conduct against a child in the first degree in satisfaction of a five count indictment for having engaged in two or more acts of sexual conduct with a child who was at the time less than 13 years of age.  He was subsequently sentenced by County Court (Williams, J.) to a determinate term of 25 years with five years postrelease supervision, the maximum allowed by law. 

On appeal, the defendant, described as a “psychopath” and a “monster” by the young victim, argued that the imposition of the maximum term of imprisonment was an abuse of discretion.  The Appellate Division, Third Department, however, unanimously affirmed defendant’s judgment of conviction.    

Defendant is represented on appeal by Erik K. Schillinger, Esq. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the Ulster County District Attorney’s Office.

Press Release - People v Delasia Luckerson a/k/a Delasia Hasbrouck

FROM: HOLLEY CARNRIGHT

DATE: MARCH 17, 2014

RE: PRESS RELEASE – DELASIA LUCKERSON a/k/a DELASIA HASBROUCK

Delasia Luckerson a/k/a Delasia Hasbrouck was sentenced to state prison in Ulster County Court on March 13, 2014 for her convictions to Welfare Fraud and Criminal Sale of a Controlled Substance in the third degree.  Appearing before County Court Judge Donald A. Williams, Luckerson admitted that between September 27, 2010 and September 2, 2012 she defrauded the NYS Department of Labor by collecting unemployment insurance at a time when she was actually gainfully employed.  In all, Luckerson’s welfare fraud was $17,510.00 and she was sentenced to 1-3 years in state prison and ordered to pay restitution on that conviction.

On the Criminal Sale of a Controlled Substance conviction defendant was sentenced to 3 years in state prison to be followed by 2 years parole supervision.

Press Release - Niles Turner Sentence

FROM: HOLLEY CARNRIGHT

DATE: MARCH 14, 2014

RE: PRESS RELEASE – NILES TURNER SENTENCING

Niles Turner, age 27, was sentenced in Ulster County Court on March 13, 2014 to two terms in state prison on his domestic violence convictions to Aggravated Family Offense and Criminal Contempt in the first degree. Appearing before County Court Judge Donald A. Williams, Turner was sentenced to 2-4 years on the Aggravated Family Offense charge and 1 ½ - 3 years on the Criminal Contempt in the first degree charge, said sentences to run consecutively.  The case arose from an incident in which Turner beat his former girlfriend. At the time of the assault an order of protection was in place.

Turner’s Criminal Contempt in the first degree conviction stemmed from his repeatedly calling the victim while incarcerated in the Ulster County Jail following his arrest on the family offense charge, despite the fact that a new order of protection had been issued.

Turner had a prior conviction for assaulting the same woman in 2011. That assault was also in violation of an order of protection. Turner was prosecuted and sentenced to state prison on that 2011 charge. The instant offenses were committed following his release from prison on the 2011 conviction.

Press Release - Woullard and Douglass Appeals

PRESS RELEASE

TO:       ALL NEWS MEDIA

FROM:     HOLLEY CARNRIGHT

DATE:     MARCH 13, 2014

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

People v Eban Woullard:

Eban Woullard was convicted in the Ulster County Court (Williams, J.) upon a plea of guilty of the crime of robbery in the first degree, a class B violent felony, on May 20, 2011.  Defendant’s conviction stems from an incident which occurred in Boiceville when he was 16 years of age, during which he twice shot the victim while attempting to steal marijuana from him.  He was sentenced to 10 years with five years of postrelease supervision. 

On appeal, defendant argued that his plea should be vacated because County Court failed to consider affording him youthful offender status.  The People argued that youthful offender adjudication was neither appropriate nor legally available because, although defendant was younger than 19 years of age when the crime was committed, he was convicted of an armed felony. The Appellate Division affirmed the conviction. 

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

People v Thomas W. Douglass, IV

Thomas W. Douglass, IV was convicted in the Ulster County Court (Williams, J.) of the crimes of insurance fraud in the third degree, a class D felony, and falsifying business records in the first degree, a class E felony, on February 10, 2012 following a jury trial.

At the time of the commission of these crimes Defendant was a police officer in Orange County. The charges arose from an incident where defendant was returning home from a picnic/bonfire at which time his pickup truck struck another vehicle, occupied by four young women, from behind. The force of the collision caused the victim’s vehicle to flip over and a rear passenger in the vehicle suffered severe and permanent injuries. The defendant failed to stop and subsequently filed a false insurance claim indicating that he had struck a deer.

Responding to the crash police were left with few clues to run to ground the perpetrator. At the scene the police found pieces of a Toyota emblem. Working with the FBI and the Ulster County District Attorney’s Office, they eventually were led to the repair shop where defendant had taken his vehicle and where he had made his false insurance claim.

Found guilty by a jury of insurance fraud in the third degree and falsifying business records in the first degree, defendant was subsequently sentenced by County Court to concurrent State prison terms of one to three years. 

On appeal, in addition to claiming that the Court did not have geographical jurisdiction over the offenses in question, defendant argued that County Court failed to provide meaningful responses to the jury’s notes and improperly considered the charge of leaving the scene of an accident, of which he was acquitted, in determining his sentence.  All three of defendant’s claims were, however, rejected by the Appellate Division, Third Department. 

On appeal, defendant is represented by Rory J. Bellantoni, Esq. of Scarsdale, New York.  Assistant District Attorneys Danielle Scarduzio and Paul Derohannesian handled the appeal for the District Attorney’s Office.