Press Release - People v David Moors

FROM:  HOLLEY CARNRIGHT

DATE:  AUGUST 28, 2014

RE:  PRESS RELEASE – PEOPLE V. DAVID MOORS

On August 28, 2014, David Moors of Beachwood, New Jersey was found guilty by County Court Judge Donald A. Williams of the Agriculture and Markets Law Felony, Aggravated Cruelty to Animals. 

Moors was arrested on October 27^th, 2013, in the Town of Shawangunk. Moors was bow hunting from a blind on his sister’s property in Walker Valley when a two and half year old Australian Shepherd, Claire, wandered near his hunting blind, attracted by the deer bait Moors was using.

Claiming that he believed the dog to be a stray, Moors shot the dog with a field point arrow in the back. The arrow was driven through the dog and protruded out her chest.  The dog was able to stagger back to her owners with the arrow lodged in her body, who then immediately rushed her to a veterinarian hospital.  She died from her injuries in route.

Moors testified at trial that he believed that the law permitted him to shoot stray dogs. He also stated that he shot Claire as she was facing him, however, that testimony was not consistent with the testimony of Claire’s mother who pulled the arrow out of Claire’s back.

Sentencing is scheduled for October 30^th, 2014.

The case was prosecuted by Assistant District Attorneys Michael Kavanagh and Paul Derohannesian.  David Moors was defended by Jeremiah Flaherty.

Eby press release

                         

 

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES: 

 

On June 13, 2014, Skyler D. Eby (19) of Port Ewen pled guilty in Ulster County Court to falsely reporting an incident in the first degree, a class D felony, admitting that on November 12, 2013, he hacked into another person's Facebook account and falsely posted that there were bombs in the Empire State Building. That same month he did the same with respect to the J. Watson Bailey Middle School and Ulster County Community College, both of which were evacuated in response to the posts. The case was investigated by the New York State Police and prosecuted by Ulster County Chief Assistant District Attorney John Tobin.

On August 15, 2014, Eby was sentenced in Ulster County Court to two years in state prison and three years of post-release supervision, and orders of protection were issued in behalf of the victims of his crimes.

Kevin Quick press release

                                                                                 

 

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  KHS VOLUNTEER CREW COACH  SENTENCED FOR RAPE OF TWO STUDENTS AND CRIMINAL SEXUAL ACT  

Kevin Quick, 23, of 39 Jockey Hill Road in the Town of Kingston was sentenced Wednesday, August 13, 2014, in Ulster County Court before Supreme Court Judge Richard Mott on three counts of Rape in the Third Degree and one count of Criminal Sexual Act in the Third Degree, all felonies.  Quick received a sentence of ten years of probation supervision, the first six months of which to be served in the Ulster County Jail.  He will be required to register under the New York State Sexual Offender Registration Act for at least twenty years.  Additionally, full “Stay Away” Orders of Protection were issued for each of the victims which will remain in effect for eight years.  On each of the first and second counts of the indictment (one pertaining to each of the two victims), the defendant was sentenced to a $5,000 fine and 200 hours of community service to be completed at a human resources agency determined by Ulster County Probation Department.  Judge Mott further made it a condition of the defendant’s probation that he not have contact with either victim for the full duration of his probation.  Quick was ordered to pay $1,425.00 in court fees.  After sentencing he was not taken into custody as he has already served the jail portion of his sentence.

In handing down his decision, Judge Mott warned the defendant not to get into any trouble while on probation as the consequences would be harsh.  Probation is a revocable sentence and the defendant still faces up to sixteen years in state prison should he violate the terms and conditions of his probation. 

The defendant was indicted by an Ulster County Grand Jury on April 1, 2014 following an investigation by the Ulster County Sheriff’s Office.  The investigation revealed that the sex with the fifteen year old occurred at a junior prom party where a number of underage students were drinking.   Quick, age 22, had also had sexual intercourse with a 17 year old intoxicated student at the same party.  

Prior to imposing sentence, the court reviewed a pre-sentence investigation report, which contained statements of the victims’ families outlining the pain, suffering, fear and loss of innocence suffered by them.

At the time of sentence Special Victims Bureau Chief Katherine R. Van Loan, recommended a state prison sentence of four years on behalf of the People of the State of New York.  This is the maximum sentence on one count.  The defendant faced up to sixteen years in state prison.  Van Loan argued that Quick was known to the victims, parents and members of the community as a volunteer coach of the Kingston High School Crew Team for several seasons.  In this position he received the trust and respect of not only the students but the parents who left their children in his care.  This position made him acutely aware of the ages of these victims.  Van Loan pointed out that Quick had had sexual relations with three members of the crew team in a two week period, both victims of this case who were under age, and a third student who was of legal age but visibly intoxicated at the time of the intercourse.  Van Loan conceded the defendant was not charged with any crime in relation to the third student as it could not be proven that she was so intoxicated as to be incapable of giving consent.  It was further argued that one of the underage victims had expressed unwillingness to the act and a Grand Jury had consequently charged the defendant a different legal theory of Rape in the Third Degree finding that a reasonable person in the Quick’s situation would have understood the victim’s words and acts as lack of consent under all circumstances.

The defendant was represented by Gary Greenwald, Esq. of Chester New York, who argued that the defendant had been cooperative with the investigation and admitted his wrongdoing early on.  Greenwald further argued that the defendant was remorseful and had learned his lesson.  Greenwald stated that a prison sentence would be harsh and unnecessary.

 

Press Release - Stephen Brooks Conviction

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 13, 2014

RE:  PEOPLE V STEPHEN BROOKS

Stephen Brooks, aka Lay Low, 41, Bronx, NY was convicted by an Ulster County Jury on August 8, 2014 of two counts of Criminal Sale of a Controlled Substance in the third degree and two counts of Criminal Possession of a Controlled Substance in the third degree after a trial before Hon. Donald A. Williams.

The case stemmed from the Kingston Police Department’s Special Investigations Unit conducting an undercover narcotics investigation in November of 2013 into the sale of crack cocaine by the defendant.

The evidences presented to the jury at trial included a video recording of the defendant in a hotel room apparently handing a packet of crack to a confidential informant who then delivered same to the undercover officers.  Fifty dollars in pre-recorded buy-money was recovered on the defendant’s person upon his arrest.

The defendant has an extensive criminal history including numerous drug sales, assault and a felony weapons possession charge. Sentencing before Judge Williams is scheduled for September 11^th where, due to the defendant’s criminal history, he faces up to fifteen years on each count.

The case was prosecuted by Assistant District Attorneys Elizabeth A. Culmone and Matthew Grimes. Brooks was represented by the Public Defender’s Office.

Press Release - Densmore Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     AUGUST 8, 2014

In a case highlighting the dangers of social media vis a vis internet sexual predators the Appellate Division, Third Department has unanimously affirmed the judgment of conviction in the case of People v Brian E. Densmore.

On December 18, 2012, Brian E. Densmore, age 27, was convicted upon a plea of guilty of four counts of rape in the second degree as a result of having engaged in sexual intercourse with four girls, all less than 15 years of age on separate occasions, each in the City of Kingston.  During the summer of 2011, the defendant, having recently been released from State prison, began befriending teenage girls on Facebook. These internet contacts led to in person meetings which in turn led to defendant having unprotected sexual intercourse with these young victims.

Defendant, a second felony offender, pled guilty to four counts of rape in the second degree and was subsequently sentenced by County Court Judge Donald A. Williams to an aggregate prison term of 17 years following by 15 years of postrelease supervision. 

On appeal, in addition to arguing that he was improperly adjudicated a second felony offender, the defendant maintained that County Court abused its discretion by imposing two consecutive determinate terms of seven years followed by 15 years of postrelease supervision, a consecutive determinate term of three years with three years of postrelease supervision and  a concurrent term of three years plus three years of postrelease supervision.  These claims, however, were flatly rejected by the Appellate Division, Third Department. 

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 - Abner Ortolaza Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     AUGUST 7, 2014

The Appellate Division, Third Department has today unanimously affirmed a judgment of conviction in the following case:

People v Abner Ortolaza

Abner Ortolaza was convicted on July 11, 2012 upon a plea of guilty of the crime of burglary in the third degree as a result of having broken into the Spring Glen Post Office in the Town of Wawarsing and stealing mail, packages and other United States Postal Service property.

Defendant waived indictment and pled guilty to a superior court information charging him with burglary in the third degree.  Defendant was sentenced to an indeterminate term of imprisonment of two to six years in prison and ordered to pay restitution in the amount of $976. 

         

On appeal defendant challenged the amount of restitution ordered by County Court claiming that there was no support in the record for the amount he was ordered to pay.  He also claimed that he should not have been required to pay the mandatory surcharge or crime victim assistance fee.  The Appellate Division, Third Department, however, properly concluded that defendant’s argument regarding restitution was not preserved for appellate review because he did not request a restitution hearing or otherwise object to the amount of restitution awarded at the time of sentence and that his other claim was equally without merit.

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

Press Release - IRS Phone Scam

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 6, 2014

RE:  TAXPAYERS TARGETED BY IRS PHONE SCAM

If you get a call from someone from the IRS demanding that you pay up or else, hang up. According to the Ulster County District Attorney’s Division of Consumer Affairs, these individuals are out to cheat you.

This phone scam has hit taxpayers in nearly every state in the country. Callers claiming to be from the IRS tell intended victims they owe taxes and must pay using a pre-paid debit card or wire transfer. They often threaten those who refuse to pay with arrest, deportation or loss of a business or driver’s license.

The truth is the IRS first contacts people by mail – not by phone – about unpaid taxes. And the agency won’t ask for payment using a pre-paid debit card or wire transfer, and it won’t ask for a credit card number over the phone.

If you get such a call, Consumer Affairs offers these suggestions:

·        If you owe Federal taxes, or think you might owe taxes, hang up and call the IRS at 800-829-1040. IRS workers can help you with payment questions.

·        If you don’t owe taxes, call and report the incident to TIGTA (Treasury Inspector General for Tax Administration) at 800-366-4484.

·        You can file a complaint with Consumer Affairs at 340-3260.

TIGTA and the IRS encourage taxpayers to be alert for phone and e-mail scams that use the IRS name. The IRS will never request personal or financial information by e-mail, texting or any social media. These scam e-mails should be forwarded to phishing@irs.gov. Don’t open any attachments or click on any links in those e-mails.