Press Release - Melissa Alexander Appeal

PRESS RELEASE

 

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 30, 2014

 

The Appellate Division, Third Department recently affirmed the October 12, 2012 conviction of Melissa Alexander upon a plea of guilty convicting her of the crime of aggravated criminal contempt, a class D felony. 

 

Defendant’s conviction stems from an incident that occurred on March 14, 2012 when after being on a drinking binge, she violated an order of protection issued on behalf of her former boyfriend by calling him and then going to his home. There an argument ensued which resulted in her flinging hot grease onto the victim. 

 

The defendant was sentenced on January 2, 2013 by County Court Judge Williams, as a prior felony offender, to an indeterminate term of imprisonment with a minimum of two and one-half years and a maximum of five years in State prison.

 

On appeal, the defendant argued that at the time of sentence, County Court failed to inquire into whether she wished to challenge the constitutionality of her prior conviction.  However, defense counsel indicated on the record that defendant did not wish to controvert the allegations in the prior felony information and she herself admitted that she had been convicted of the crime in question. Therefore, the Appellate Division, Third Department unanimously affirmed her conviction.  In addition, defendant challenged the severity of the agreed upon sentence, but the Appellate Division, Third Department correctly concluded that that contention is precluded by her valid appeal waiver.  

 

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

 

Press Release - A Holiday Wish

Events have occurred in recent months that have brought a heightened focus on law enforcement in our county. I would like to offer some observations.  I suggest that an intelligent, vigorous, interest in how we, as a society, police ourselves is an important and welcome exercise.  When done properly it allows for renewed understanding of the impressions, accurate or otherwise, people have.  And, hopefully, with this discussion a better learning of important issues and, where change is needed, the impetus for change.  I, for one, welcome this discussion.

However, I opine that as a society we should be able to have an intelligent conversation regarding these important issues with respect and civility.  Although feelings are very deep on these subjects,  it is important to have an honest discussion without exaggeration or basterbization of facts. 

Of course I cannot speak for all people in law enforcement across this country, but I can and do speak for the men and women in Ulster County who serve and protect you.  Across the board, these people, our law enforcement officers and prosecutors are good, honest, deeply committed people, many of whom I am proud to consider my friends.

The work that we do is not easy. Citizens of the United States enjoy more civil rights than in any other country in the world.  We enjoy more civil rights in NYS than any other state in the union.  I, for one, would have it no other way.  But the reality is there are savage, dangerous criminals who live amongst us. For example, in Ulster County we have four pending homicide indictments.  Over the past years during my term in office we have seen gang executions, sexual serial predators and untold domestic violence.  As a nation we have been attacked by terrorists.  As a world community we witness appalling atrocities.  These are facts. 

We rely on our law enforcement personnel to protect us and yet we all cherish our personnel freedoms and liberties.  Where is the balance?  Is it okay to monitor a terrorist’s cell phone to stop him from planting a bomb on the subway? Is it okay to search the cell records of two individuals to arrest them for placing shrapnel bombs on Boylston Street in Boston on April 15, 2013.

In 1995 the City of New York had 1182 murders.  Last year NYC experienced 335 murders. In years past the NYC police, consistent with the laws of New York, had an aggressive stop and frisk policy to try and get illegal handguns out of the hands of criminals.  Today, NYC has changed that policy.

These are complicated issues which I view as vitally important to us and which help define us as  a society. I welcome these discussions but ask only that we engage in intelligent civil behavior and above all I ask that you respect the men and women who may not be perfect, but who put their lives on the line to protect your way of life.

Press Release - Devin Gray Conviction

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 15, 2014

RE:  PEOPLE V DEVIN GRAY

Devin Gray, of Port Ewen, New York, was found guilty by an Ulster County jury of seven men and five women of Criminal Possession of a Weapon in the second degree, subdivision 3, for possessing an assault rifle and the reduced charge of Reckless Endangerment in the second degree.  The jury returned a not guilty verdict on a second charge of Criminal Possession of a Weapon in the second degree, subdivision 1.

Gray was arrested in June by members of the Kingston Police Department as a result of shots fired by two men in the parking lot of Stuyvesant Charter Apartments in Kingston.  Also arrested was one Eric Harris.  Harris was charged with Attempted Murder, which charge is still pending.

At trial Gray’s attorney, Thomas Petro, argued to the jury that his client should be found not guilty because Harris was the  original aggressor and his client’s use of the rifle was justified under the circumstances.

Sr. Assistant District Attorney Gerard VanLoan, however, was able to prove to the jury that in fact Gray fired the first shot and that irrespective of who fired their weapon first, Gray’s possession of the weapon, a 9 millimeter semiautomatic rifle with a pistol grip and detachable magazine, was per se unlawful.

Gray is scheduled to be sentenced by Judge Williams on February 27, 2015.  He faces a sentence of up to fifteen years in state prison.

Press Releases - Ralph Harold a/k/a Essence Harold and Michael J. Cavallaro

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 12, 2014

The Appellate Division, Third Department recently issued decisions in the following cases:

People v Ralph Harold, a/k/a Essence Harold

In February, 2013, in satisfaction of a five count indictment charging him with multiple counts of criminal sexual act in the first degree and rape in the first degree, defendant pled guilty to one count of criminal sexual act in the first degree.  Under the terms of the negotiated plea agreement, defendant was to be sentenced to a 15 year State prison term with five years of postrelease supervision.  At the time of the sentence, however, County Court (Williams, J.) imposed a 15 year term of imprisonment with 20 years of postrelease supervision. 

On appeal, defendant challenged the sentence as being unduly harsh and excessive and maintained that the 20 year period of postrelease did not conform to the terms of the plea agreement. He also argued that he was denied meaningful representation.  Although defendant’s claim that the Court deviated from the agreed upon disposition by imposing a longer period of postrelease supervision was not preserved for appellate review given his failure to object at the time of sentence, the Appellate Division, Third Department exercised its interest of justice jurisdiction and modified the period of postrelease supervision to 15 years.  The Third Department went on to conclude that the 15 year State prison sentence was not unduly harsh or excessive and that defendant had received the effective assistance of counsel. 

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

People v Michael J. Cavallaro

The Appellate Division, Third Department has unanimously affirmed the defendant’s December 23, 2010 conviction upon a plea of guilty convicting him of the crime of criminal possession of a controlled substance in the third degree, a class B felony.

Defendant’s conviction stems from a series of incidents which occurred in March, 2009 and January, 2010 while he was under investigation by the URGENT Task Force.  In March, 2009, defendant sold ecstasy to a confidential informant and in January, 2010, sold cocaine to another informant as part of a controlled drug buy.  Following the sale, police obtained a warrant to search defendant’s residence which he shared with his live-in girlfriend and child, during which they recovered a handgun and other illegal drugs.

Defendant subsequently pled guilty to one count of criminal possession of a controlled substance in the third degree in satisfaction of a multi-count indictment charging drug and weapons possession.  As part of the plea agreement, defendant, a second felony offender, was sentenced by County Court Judge Donald A. Williams to a 10 year prison term followed by three years of postrelease supervision.

On appeal, defendant challenged County Court’s suppression ruling arguing that there was no probable cause to support the issuance of a search warrant and that the Court erred in refusing to suppress his statements to police as they were coerced by a threat to arrest his girlfriend.  In addition, defendant claimed that he was denied the effective assistance of counsel and argued that the 10 year sentence was unduly harsh and severe.  The Appellate Division, Third Department, however, rejected defendant’s claims in their entirety. 

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

Press Release - Wise Giving

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 8, 2014

RE:  PRESS RELEASE – WISE GIVING

It is the time of year when we often consider making a charitable donation.  The Ulster County District Attorney’s Division of Consumer Affairs advises donors to consult www.bbb.org/charity-reviews/national before contributing to national charities. This is the website for the Better Business Bureau Wise Giving Alliance. The Alliance helps donors make informed giving decisions by providing Charity Reports and advances high standards of conduct among organizations that solicit contributions from the public through its Accountability Standards. Consumer Affairs can be reached at 340-3260.

And, of course, there are a number of local charitable organizations that benefit the needy right here in our own communities that would welcome your gifts.

Press Release - Kevin Warren

   
   
   

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   DECEMBER 4, 2014

SUBJECT: PRESS RELEASE – KEVIN WARREN

On December 3, 2014, a jury of 8 men and 4 women convicted Kevin Warren, of Glenford, New York, age 31, of the crimes of Driving While Intoxicated, as a class D felony, and Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree, a class E felony. The jury found that on January 31, 2014 the defendant was driving a pickup truck while intoxicated on State Route 32 in the Town of Saugerties.  The defendant was travelling in the southbound lane at approximately seventy miles per hour in a forty-five mile per hour speed zone when, in the vicinity of Blue Mountain Road, he encountered Officer Ryan Hampel, of the Town of Saugerties Police Department, travelling in the northbound lane. The defendant’s pickup truck was partly in Officer Hampel’s lane, forcing the police officer to swerve to avoid a collision.  Officer Hampel turned around and began following the defendant’s vehicle as it continued travelling at a high rate of speed on State Route 32.  The defendant pulled into the Getty gas station located on Mount Airy Road in the Town of Saugerties.  In the parking lot of the Getty gas station Officer Hampel observed the defendant move from the driver’s seat of the pickup truck into the passenger’s seat.  Officer Hampel then approached the defendant, who immediately told Officer Hampel that the driver had run off.  The defendant admitted to Officer Hampel that he had been drinking but persisted in telling Officer Hampel that the hadn’t been driving and that the driver had ran across the parking lot. A videotape taken of the Getty gas station parking lot at the time showed no one running across the parking lot.  In addition to showing the jury the parking lot video, Assistant District Attorney Bondarenka also introduced evidence that Warren refused to submit to a breathalyzer test.

This is the defendant’s sixth conviction for an alcohol related driving offense.  The defendant has four prior convictions for Driving While Intoxicated, two of which were for Driving While Intoxicated as a class E felony.  The case was presided over by the Honorable Donald A. Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Thomas Petro.