Press Release - Chad Richards Appeal and Karlyle Wheeler Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JANUARY 30, 2015

Yesterday, the Appellate Division, Third Department unanimously affirmed judgments of convictions in the following cases:

People v Chad Richards

In March, 2013, Chad Richards was convicted, following a jury trial, in the Ulster County Court (Thomas Breslin, J.) of two counts each of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree as a result of two controlled cocaine buys he made to a confidential informant working in conjunction with the Kingston Police Department, the URGENT Task Force and the State Police in the City of Kingston on November 8 and 9, 2011. 

Defendant, a second felony offender previously convicted of a violent felony, was sentenced by Judge Breslin to an aggregate prison term of 20 years to be followed by three years of postrelease supervision. 

On appeal, defendant claimed that the jury verdict was against the weight of the evidence because the undercover officers did not witness the actual handoff of cocaine but merely observed the transactions from a distance and that both the confidential informant and the various officers involved in the buy operations were not worthy of belief.  In addition to rejecting this claim the Appellate Division, Third Department also rejected defendant’s contention that he was deprived of a fair trial due to prosecutorial misconduct during the People’s summation and that the 20 year State prison sentence, largely based on defendant’s extensive prior criminal record, was unduly harsh and excessive. 

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

People v Karlyle Wheeler

In October, 2012, Karlyle Wheeler was convicted, following a jury trial, before the Honorable Donald A. Williams in the Ulster County Court of two counts of criminal possession of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the third degree as a result of two separate sales of cocaine to an undercover police officer on two occasions on September 8, 2011 in the City of Kingston. 

Defendant, a second felony drug offender with a prior violent felony conviction, was subsequently sentenced to an aggregate term of 15 years in State prison followed by three years of postrelease supervision. 

On appeal to the Appellate Division, Third Department, the defendant maintained that during jury selection, the People exercised their peremptory challenges in a discriminatory manner and in addition, argued that County Court erred in permitting the undercover officer to identify him at trial as part of a confirmatory identification. Each of these claims were rejected by the Third Department and the defendant’s convictions were affirmed. 

On appeal, the defendant is represented by Cliff Gordon of Monticello, New York.  Former Assistant District Attorney Joshua H. Povill handled the appeal for the District Attorney’s Office.

Press Release - Misleading Business Solicitations

FROM: HOLLEY CARNRIGHT

DATE: JANUARY 29, 2015

RE: MISLEADING BUSINESS SOLICITATIONS

Individual consumers are not alone in being duped. Businesses are just as susceptible. According to the Ulster County District Attorney’s Division of Consumer Affairs, businesses often receive misleading advertisements that appear to be sent by a government agency and imply that large fines will be assessed for non-compliance. Some businesses complain they received unordered merchandise and were subsequently billed. Others say they received invoices and collection notices for items not received (such as “yellow pages” directories) or have had difficulty contacting the company to discuss the problem. Any local businesses receiving questionable solicitations are encouraged to contact Consumer Affairs at 340-3260.

Press Release - Retirement of Undersheriff Frank P. Faluotico Jr.

       ULSTER REGIONAL GANG ENFORCEMENT NARCOTICS TEAM

                                                        U.R.G.E.N.T.

Ulster County Law Enforcement Center

380 Boulevard, Kingston, NY 12401

PRESS RELEASE

________________________________________________________________________

Sheriff Paul J. VanBlarcum, District Attorney Holley Carnright, and members of the Ulster Regional Gang Enforcement Narcotics Team (U.R.G.E.N.T.) are honoring the retirement of Undersheriff Frank P. Faluotico, Jr.  Former Undersheriff Faluotico was instrumental in creating the multi-jurisdictional drug and gang task force.  He worked closely with local town and village boards, police chiefs, police commissions and concerned citizens to maximize participation in the program and educate them on its advantages.  

Mr. Faluotico expanded on his earlier experience on the multi-county Mid-Hudson Drug Task Force, which had provided him with a model for a task force that could focus on drug traffic in Ulster County. U.R.G.E.N.T. was the first task force of its kind in Ulster County.   Mr. Faluotico helped U.R.G.E.N.T. obtain the proper equipment including vehicles, electronics, protective gear, breaching equipment, computers, communications equipment, office space and day-to-day supplies needed to operate. He also helped obtain valuable funding for confidential investigations and training.  Since its inception in 2007, the task force conducted numerous “sweeps” and mass arrests of drug and gang suspects. In addition to drug investigations U.R.G.E.N.T. has investigated numerous violent crimes, many of which have been gang-related, including homicides, shootings, vehicular assaults, armed robberies and home invasions.  U.R.G.E.N.T. has been a resource for almost all major cases occurring in Ulster County during the last seven years.  

The following statistics summarize U.R.G.E.N.T.’s results since inception in March of 2007:

• 2,571 cases generated
• 2,069 persons arrested
• 267 gang members arrested
• 337 gang field interviews
• 4,088 felonies charged
• 271 search warrants
• 290 guns seized
• 8.3 kilograms of cocaine seized
• 16,635 “bags” or “decks” of heroin seized
• 753 pounds of marihuana seized
• 5 pounds of hashish seized
• 7,555 dosage units (tablets, capsules etc.) of diverted pharmaceuticals seized (oxycodone, hydrocodone etc.)
• 2,594 tablets of Ecstacy (MDMA) seized
• 1,276 “hits” or dosage units of LSD seized
• $1,320,896.00 in currency seized

Said District Attorney Carnright, “I credit U.R.G.E.N.T.,  under Frank’s command, with being critical in many of my office’s key prosecutions,  including the Sex/Money/Murder Gang indictments which resulted in the conviction of seven gang members for Murder and Conspiracy charges relating to the execution of a prosecution witness.  Following the breakup of Sex/Money/Murder here, U.R.G.E.N.T. worked with Kingston Police Department, CNET and our office in the Clean Sweep investigation which resulted in eighty indictments for narcotics activity in the City of Kingston.  Simply put, our community is safer today because of Frank’s efforts.

Members of U.R.G.E.N.T. wish to thank Undersheriff Faluotico for his service and dedication to the team.

Press Release - Report A Problem With Odometer Or Mileage Fraud

FROM: HOLLEY CARNRIGHT

DATE:  JANUARY 26, 2015

RE: REPORT A PROBLEM WITH ODOMETER OR MILEAGE FRAUD

I suspect the odometer on a car I bought was changed. What can I do?

According to the Ulster County District Attorney’s Division of Consumer Affairs, you should contact the DMV Odometer Crimes Unit (OCU) at 1-518-473-1079. You can also send a written complaint to NYS DMV Odometer Crimes Unit, Room 430, 6 Empire State Plaza, Albany, NY 12228.

You should provide the following information:

·       Vehicle Identification Number

·       Odometer reading at the time of purchase

·       Date and location of purchase

·       Name of the seller of the vehicle

·       Amount you paid for the vehicle

·       How the vehicle was offered for ale

·       All documents that refer to the purchase of the vehicle

DMV Investigators will consider your complaint, evaluate all information you provide, and contact you about the results.

Consumer Affairs can be reached at 340-3260.

                                                                                           

Press Release - Wares Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JANUARY 23, 2015

The Appellate Division, Third Department has unanimously affirmed the January 16, 2012 conviction of Clifford William Wares upon his plea of guilty convicting him of two counts of disseminating indecent material to minors in the first degree, a class D felony, and disseminating indecent material to minors in the second degree, a class E felony. 

The 38 year old defendant’s convictions stem from a series of electronic communications he sent to a 13 year old victim between November, 2010 and March, 2011 in which he graphically discussed and solicited a variety of sexual activity.  In addition to his vulgar communications, defendant sent the victim numerous photographs of, among other things, his erect penis, individuals engaged in various explicit sexual activities and an individual having sex with an animal.  Following his arrest, defendant was charged with thirty one counts of disseminating indecent material to a minor in the first degree, five counts of disseminating indecent material to a minor in the second degree and one count of endangering the welfare of a child.  Defendant, a prior felony offender, agreed to plead guilty to two counts of disseminating indecent material to a minor in the first degree and one count of disseminating indecent material to a minor in the second degree in satisfaction of the thirty seven count indictment in exchange for consecutive prison terms totaling 9 to 18 years. 

On January 15, 2012 Ulster County Court Judge Donald A. Williams began to sentence defendant.  However, Wares continually interrupted the court and Judge Williams adjourned sentencing until the following day. On January 16, 2012 the defendant was returned to court but continued to interrupt Judge Williams as the Judge attempted to proceed with sentencing until, after several warnings, the defendant was held in contempt and ordered to be gagged. The defendant was eventually sentenced by Judge Williams to consecutive indeterminate terms of three and one-half to seven years on each of the first two counts and a consecutive term of two to four years on the third count and ordered him to register as a sex offender.  Defendant was also sentenced to an additional 30 day jail sentence and fined $2,000 for contempt of court.

On appeal, defendant maintained that the indictment failed to identify the specific acts constituting the charged crimes and that he did not receive the effective assistance of counsel.  In addition, defendant argued that the sentence imposed was harsh and excessive.  The Appellate Division, however, rejected each of defendant’s claims. 

This case underscores the dangers inherent from internet sexual predators, individuals like this defendant who prey upon young naïve victims.

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.