Press Release - Bonaventure and Randolph Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     MAY 27, 2014

On May 22, 2014, the Appellate Division, Third Department  unanimously affirmed convictions in the following cases:

People v Marc Bonaventure

In September, 2012, Marc Bonaventure was convicted upon a plea of guilty of the crime of criminal sale of a controlled substance in the third degree, a class B felony. 

Defendant’s conviction stems from two separate incidents on October 18, 2011 during which he sold narcotic drugs in the City of Kingston.      

Defendant, a prior felony offender, was sentenced by County Court Judge Donald Williams to a determinate term of nine years to be followed by three years postrelease supervision.

On appeal, defendant argued that he was illegally sentenced due to County Court’s failure to advise him of the right to challenge the allegations in the predicate felony statement.  This contention was rejected by the Appellate Division, Third Department. 

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

People v Wilbert Randolph

In February, 2012, Wilbert Randolph was convicted upon a plea of guilty of the crime of criminal possession of a weapon in the third degree, a class C violent felony. 

Defendant’s conviction stems from an incident on March 7, 2011 in the City of Kingston wherein defendant got into a verbal argument with another individual that escalated and turned physical.  During the physical confrontation, defendant, armed with a .38 caliber revolver, shot the other individual, who sustained a physical injury.  Defendant attempted to flee the scene and when apprehended, was found to be in possession of the weapon. 

Defendant was sentenced by County Court Judge Donald Williams to a determinate term of eight years to be followed by five years postrelease supervision in accord with the terms of a negotiated plea agreement. 

On appeal, defendant argued that the sentence imposed was unduly harsh and excessive.  This contention was rejected by the Appellate Division, Third Department. 

Defendant is represented on appeal by Neal D. Futerfas, Esq. of White Plains, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the Ulster County District Attorney’s Office. 

Press Release - Beware the Postcard Scam

FROM: HOLLEY CARNRIGHT

DATE: MAY 22, 2014

RE: BEWARE THE POSTCARD SCAM

Ulster County residents may be receiving postcards with claims that they have won $100 in “Gift Savings” at Walmart or Target. All the recipient needs to do is call the phone number on the card and pay a nominal fee by credit or debit card.

As you may have guessed, the postcard giveaway is a fake. The scammer is counting on calls from recipients to claim the prize. When those calls come in, the scammer hopes to use the credit or debit card information to make unauthorized charges. Or, if persistent, the scammer may ask for personal information in order to commit identity theft for even more financial gain.

The postcard will have no contact information other than a toll-free number. The Ulster County District Attorney’s Division of Consumer Affairs offers the following tips to avoid becoming a victim of this type of scam.

·       Do not respond to solicitations that do not contain the name and address of the company doing the soliciting.

·       Avoid signing up for “free trials” for unfamiliar services or with unfamiliar businesses.

·       Do not provide personal information to claim “prizes” in contests that you never entered.

·       If an offer sounds too good to be true, it probably is.

If you receive mail with a fraudulent offer, you can report it to the U.S. Postal Inspection Service’s Criminal Investigations Service Center at postalinspectors.uspis.gov. Consumer Affairs can be reached at 340-3260.

Press Release - Benkert Indictment

FROM: HOLLEY CARNRIGHT

DATE: MAY 22, 2014

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  MAN INDICTED FOR GRAND LARCENIES, SCHEME TO DEFRAUD, ETC…

John Benkert, 46, of Hurley, New York, was indicted Tuesday, May 20, 2014, by an Ulster County Grand Jury for Grand Larceny in the 2^nd Degree, Grand Larceny in the 3^rd Degree (three counts), Offering a False Instrument for Filing in the 1^st Degree, Criminal Possession of a Forged Instrument in the 3^rd Degree and Scheme to Defraud in the 1^st Degree. 

Benkert is accused of stealing money under false pretenses from various people through an ongoing course of conduct.

The defendant will be arraigned in Ulster County Court at a date to be determined.  The case is being prosecuted by Assistant District Attorney Jessica Mila Schutzman.  The defendant is represented by Thomas K. Petro, Esq.

Press Release - Jonathan Johnson a/k/a Jaquan Johnson Indictment

FROM: HOLLEY CARNRIGHT

DATE: MAY 20, 2014

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  MAN INDICTED FOR SEPTEMBER FORCIBLE RAPE

Jonathan Johnson a/k/a Jaquan Johnson, 42, of Main Street, Saugerties, New York, was indicted Tuesday, May 20, 2014, by an Ulster County Grand Jury for Rape in the First Degree and Criminal Sexual Act in the First Degree, both class “B” violent felonies.  Johnson was arrested last week following an eight month investigation by the Kingston Police Department.

Johnson is accused of having sexual intercourse and oral sexual conduct with another person by forcible compulsion on September 11, 2013. 

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 - Lubrano Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     MAY 16, 2014

On May 15, 2014 the Appellate Division, Third Department has unanimously affirmed the judgment of conviction in the following case:

People v Lois Lubrano

In August, 2012, Lois Lubrano was convicted following a jury trial of the crimes of attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the fourth degree and criminal mischief in the fourth degree.  The proof adduced at her trial revealed that on the evening of June 30, 2011, while inside the residence she shared with her 72 year old mother, the defendant threatened her mother with a shotgun and while prodding her with the barrel of the gun, repeatedly threatened to kill her.  Ultimately, the defendant fired one shot, but it missed her mother who escaped to a neighbor’s residence.  Following a standoff with the State Police, the defendant, who was armed and barricaded inside the house, was taken into custody.

Following the jury’s verdict, defendant was sentenced by County Court Judge Donald A. Williams to 18 years in state prison, plus five years of postrelease supervision. 

On appeal to the Appellate Division, Third Department, defendant challenged the admissibility of oral statements she made over the phone to a State Police Investigator during the standoff, arguing that the police lacked probable cause to interrogate her. She also argued that those statements should have been suppressed because they were the product of custodial interrogation in the absence of Miranda warnings.  In addition, defendant argued that in a pre-trial ruling, the Court improperly permitted the People to elicit testimony regarding defendant’s prior bad acts, including threats against the victim.  Finally defendant argued that she was denied meaningful representation because defense counsel failed to pursue extreme emotional disturbance as an affirmative defense at her trial. 

In affirming her conviction, the Appellate Division, Third Department upheld County Court’s rulings and noted that defense counsel had deliberately chosen not to pursue an extreme emotional disturbance defense but, instead, electing to challenge the People’s proof regarding defendant’s intent. 

On appeal, 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.