Press Release - Eric Moon Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JULY 31, 2014

The Appellate Division, Third Department has today unanimously affirmed the June 20, 2012 conviction of Eric Moon upon a plea of guilty convicting him of two counts of assault in the second degree, a class D violent felony.

Defendant’s conviction stems from an incident in July, 2011 during which his co-defendants shot into a crowd of people near the corner of Smith Avenue by the Kingston Post Office with a shotgun and a rifle, seriously injuring two people who were not the intended targets of the shooting. 

Charged in an indictment with multiple counts of assault, defendant pled guilty to two counts of assault in the second degree in exchange for consecutive prison terms of six years followed by five years of postrelease supervision on each count. 

On appeal, defendant claimed that the indictment was both jurisdictionally defective and facially insufficient.  Those claims were rejected by the Appellate Division.  Defendant’s additional contention that the imposition of consecutive sentences was illegal because the victims’ injuries occurred simultaneously as a result of a single attack, was also rejected by the reviewing court in light of the fact that multiple shots were fired, defendant never claimed that the same bullet injured both victims, and he agreed to the sentence as part of the plea agreement. 

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.

Press Release - Non-Payment of Child Support Arrests

Ulster County Sheriff's Office - PRESS RELEASE

                              

Detectives from the Ulster County Sheriff's Office report additional arrests in this agency’s ongoing effort, in conjunction with the Ulster County District Attorney’s Office and Ulster County Department of Social Services Child Support Enforcement Unit, to apprehend parents with outstanding warrants for nonpayment of child support.

Between April 1^st and June 30^th, this agency arrested 13 people with combined total arrears of approximately $94,400.  Each was arrested on either an outstanding Ulster County Family Court warrant, a misdemeanor Nonsupport of a Child in the Second Degree warrant or both.  The following are those arrested, their addresses at the time of arrest and their approximate respective arrears:

1.     Timothy M. Adams, Jr., 38, 168 Cottekill Road, Apt. 2B, Cottekill, NY, $37,800

2.     Michael E. DiViesti, 56, 1467 Milanville Road, Milanville, PA, $9,000

3.     Charles E. Walters, 45, 21 Sherman Road, Kerhonkson, NY, $8,700

4.     Justina R. Page, 22, 61 Brewster Street, Apt. 1, Kingston, NY, $7,800

5.     Cherish M. Jowers, 25, 8 Gabriel Street, Livingston Manor, NY, $4,750

6.     Theodore O. Cooper, 41, 81 Pyramid Pines Road, Saratoga, NY, $525

7.     Shawn D. Lasher, 27, 665 Mettacahonts Road, Accord, NY, $2,500

8.     John M. Levandowski, 19, 90 Taft Avenue, Newburgh, NY, $2,500

9.     Dennis R. Bernzott, 45, 500 Peconic Street, Apt. 91A, Ronkonkoma, NY, $1,525

10.  Carl E. Beermunder, 23, 57 Elmendorf Street, Apt. 1, Kingston, NY, $2,300

11.  Lucas C. Renfrow, 28, 29 Washington Street, Liberty, NY, $5,000

12.  Jordan C. Bennett, 32, 21 Hillcrest Drive, Cortlandt Manor, NY, $5,000

13.  Joey I. Mackey, 33, 73 Moonhaw Road, West Shokan, NY, $7,000

This brings the approximate total of enforced arrears to date for 2014 to $390,400.  Each defendant was produced in the court(s) where their warrants originated.  Several have either served or are currently serving jail time while others have begun making payments toward their arrears.

Questions may be directed to Sheriff Paul J. VanBlarcum at 845-593-8188.  Media requests for photos of those arrested may be directed to Detective Sergeant Abram Markiewicz at amak@co.ulster.ny.us. 

Press Release - Brandon Devaux Sentence

   

FROM: HOLLEY CARNRIGHT

DATE: JULY 25, 2014

RE: PRESS RELEASE

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  PLATTEKILL MAN SENTENCED TO TWENTY YEARS FOR RAPE OF ELDERLY WOMAN

Brandon Devaux, 27, of 38 Country Pond Lane, in the Town of Plattekill, was sentenced Friday, July 25, 2014, before Ulster County Court Judge, Hon. Donald A. Williams, to twenty years to be served in state prison followed by twenty years post release supervision.  Devaux will be required to register under the New York State Sexual Offender Registration Act for the remainder of his life.  Additionally, a full “Stay Away” Order of Protection will remain in effect until July 25, 2042.

The defendant was indicted by the Ulster County Grand Jury on November 21, 2013, for Burglary in the First Degree, following his arrest on November 14, 2013 by the New York State Police in Highland.  A superseding indictment was handed up on December 18, 2013 which included charges of forcible rape and criminal sexual act after forensic analysis was completed at the New York State Police Forensic Investigation Center in Albany.    

Devaux entered a plea of guilty on May 9, 2014, to the sexually violent felony offense of Rape in the First Degree.  Jury Selection had been scheduled to commence June 2, 2014.

Police responded to a 911 call from the 80 year old victim’s home shortly before 5 a.m. on Sunday, November 10, 2013.  The scene was processed by police and the victim was treated at St. Luke’s Hospital in Cornwall.  The New York State Police Forensic Identification Unit and Major Crime Bureau assisted in the investigation.

The victim spoke at sentencing, focusing on the impact this horrific crime has had on her family rather than herself.   In discussing the specific criminal acts, she recounted how she acquiesced to the defendant’s demands because he had threatened to kill her.  The victim asked only for the defendant to answer to one question.  She described how the defendant had ordered her to come with him when he left but relented when she had difficulty unlocking the door.  Her question at sentence was, “Where would you have taken me”? The defendant declined to answer or make any statements to the court.

The People recommended a substantial state prison sentence but asked the court to offer the defendant something less than the maximum sentence permitted by law if he were to plead guilty to obviate the need for this victim to testify at a trial.  This case was prosecuted by Special Victims Bureau Chief Katherine R. Van Loan.  The defendant was represented by Bryan Rounds, Esq. of the Ulster County Public Defender’s Office.

 

              

   
   
   

Press Release - People v German A. Lobaton

FROM: HOLLEY CARNRIGHT

DATE: JULY 25, 2014

RE: PRESS RELEASE – GERMAN A. LOBATON PLEA

On July 25, 2014, in Ulster County Court, German A. Lobaton (48), formerly a resident of Spring Glen, pled guilty to burglary in the second degree, a class C felony, in satisfaction of an indictment voted by a grand jury charging him with multiple crimes. Over a four-month period in 2013, as a member of the Ellenville First Aid and Rescue Squad, Lobaton responded to medical emergencies at various homes in the Town of Wawarsing. Shortly after responding, and while such homes were unoccupied, he entered them and stole numerous items of personal property, most of which were eventually found in his home by the police. He is scheduled to be sentenced on October 1, 2014, to 13 years in prison and 5 years of post-release supervision.  

The case was investigated by the New York State Police in Ellenville and prosecuted by Chief Assistant District Attorney John Tobin.