Press Release - John Benkert

FROM: HOLLEY CARNRIGHT

DATE: APRIL 28, 2015

RE: PRESS RELEASE – JOHN BENKERT

John Benkert, 51, from Hurley, pled guilty on Monday, April 27, 2015 in County Court before the Hon. Anthony McGinty to the class C felony of grand larceny in the second degree and scheme to defraud in the first degree, a class E felony. 

During his plea allocution, Benkert admitted to stealing in excess of $320,000 from local businessmen and friends using fraudulent pretenses.  

Benkert was arrested after a long-term investigation by the New York State Police and the Ulster County District Attorney’s Office which revealed that his scheme involved the alleged development of a legal marijuana farm, as well as the purchase and development of a mall in the State of Connecticut.  Based on promises of a quick investment turnaround with substantial profit, investors lent him funds at a time when Benkert had no intention or financial capability of repaying the advances.  

Benkert is scheduled to be sentenced in Ulster County Court on August 5, 2015.  The case is being prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Benkert is represented by Thomas K. Petro, Esq. of Kingston. 

Press Release - Disaster Relief Fraud Alert

FROM: HOLLEY CARNRIGHT

DATE: APRIL 28, 2015

RE: PRESS RELEASE - DISASTER RELIEF FRAUD ALERT

The Ulster County District Attorney’s Division of Consumer Affairs reminds Internet users who receive appeals to donate money in the aftermath of the recent earthquake in Nepal to use caution before responding to those requests. Past tragedies and natural disasters have prompted individuals with criminal intent to solicit contributions purportedly for charitable organizations.

Before making a donation of any kind, consumers should:

•    Not respond to any spam e-mail or click on links contained within those messages;

•    Be skeptical of individuals representing themselves as survivors or officials asking for donations via e-mail or social networking sites;

•    Verify the legitimacy of nonprofit organizations;

•    Be  cautious of e-mails that claim to show pictures of the disaster areas in attached files because the files may contain viruses;

•    Make contributions directly to known organizations rather than relying on others to make the donation on your behalf;

•    Do not give personal or financial information to anyone who solicits contributions.

Spam e-mail can be forwarded to spam@uce.gov and then deleted. Consumer Affairs can be reached at 845- 340-3260.

                                                                

Press Release - People v Christopher Holmes

FROM:      HOLLEY CARNRIGHT

           ULSTER COUNTY DISTRICT ATTORNEY

DATE:      APRIL 27, 2015

SUBJECT:   PRESS RELEASE – CHRISTOPHER HOLMES

On April 24, 2015, after a 5 day trial, a jury of six men and six women returned a verdict finding Christopher Holmes, age 52, of Ellenville, New York, guilty of Criminal Possession of Stolen Property in the Fourth Degree, a Class E Felony. 

On February 26, 2014, members of the Ulster County Sheriff’s Office located Holmes carrying stolen computer equipment and jewelry. The items were determined to be the proceeds of a home burglary that had occurred earlier that day.  Holmes has an extensive criminal history dating back to 1990, much of it theft-related. That history includes three prior felony convictions.

The trial was presided over by Judge Donald Williams.  The case was prosecuted by Assistant District Attorney Kathleen Klein and the defendant was represented by Amy Attias.  Sentencing has been adjourned to June 26, 2015.

Press Release - Social Host Law

Local Law Number 2 Of 2008
County Of Ulster
A Local Law To Prohibit Consumption Of Alcoholic Beverages
By Minors On Private Property (Underage Drinking Party Local
Law)

BE IT ENACTED, by the Legislature of the County of Ulster, as follows:

SECTION 1. LEGISLATIVE INTENT.
The purpose of this Local Law is to protect the public interest, welfare, health and safety within the County of Ulster by prohibiting the services to and consumption of alcoholic beverages and drugs by persons under the age of twenty- one (21) at private premises located in Ulster County. The Ulster County Legislature finds that the occurrence of social gatherings at private premises where alcoholic beverages or drugs are served to or consumed by persons under the age of twenty-one (21) is harmful to such persons themselves and a threat to public welfare, health and safety. The Ulster County Legislature finds further that persons under the age of twenty-one (21) often obtain alcoholic beverages or drugs at such gatherings and that persons who are in control of such premises know or have reason to know of such service and/or consumption and will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of twenty-one (21) at these gatherings.

SECTION 2. DEFINITIONS.
Whenever used in this Local Law, unless a different meaning is stated in a definition applicable to only a portion of this Local Law, the following terms will be defined and shall have meanings set forth below:

ALCOHOLIC BEVERAGE: Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person; except that confectionary containing alcohol as provided in Subsection 12 or 200 Agriculture and Markets Law shall not be considered alcoholic beverages within the meaning of this section.

 
CONTROL: The authority and ability to regulate, direct or dominate.

DRUG: Includes any substance listed in Section 3306 of the Public Health Law.

MINOR: Any person under the age of twenty-one (21).

OPEN HOUSE PARTY: A social gathering at a residence or other private property with minors present.

PERSON: A human being and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

PREMISES: Any home, apartment, condominium, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.

SECTION 3 PROHIBITION.
No person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.

SECTION 4. EXCEPTIONS.
The provisions of this section shall not apply to:
(a) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to Section 65-c of the New York State Alcohol Beverage Control Law, or any other applicable law; or
(b) The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by any other applicable law.

SECTION 5. INCONSISTENCY WITH OTHER LAWS.
(a) If any part or provision of this section is inconsistent with any Federal or State statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.

 (b) If any part or provision of this Section or the application thereof to
any person or circumstance be adjudged invalid by a court of
competent jurisdiction, such judgment shall be confined in its
operation to the part or provision of or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
section, or the application thereof to other persons or circumstances.

SECTION 6. PENALTIES.
Failure to comply with Section 3 above shall constitute a violation, punishable by a fine which shall not exceed two hundred fifty dollars ($250.00), or imprisonment not exceeding fifteen (15) days or a combination of such fine and imprisonment as shall be fixed by the court.

SECTION 7. EFFECTIVE DATE.
This Local Law shall take effect immediately.

Adopted: February 19, 2008

Press Release - Proms/Graduations

FROM:  HOLLEY CARNRIGHT

       ULSTER COUNTY DISTRICT ATTORNEY

DATE:  APRIL 22, 2015

SUBJECT:  PRESS RELEASE-PROMS/GRADUATION

Holley Carnright, District Attorney of Ulster County, issued today the following public service announcement:

We are fast approaching that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint.

Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county, along with much of the rest of the nation, has experienced its tragic results.

Under certain circumstances, allowing property to be used in a manner where underage drinking is taking place may constitute a crime. Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old. A violation of this section is a class A misdemeanor, punishable by up to one year in jail or a $1,000.00 fine, or both. There is a similar section in the Alcohol Beverage Control Law of the State of New York, also a misdemeanor.

In addition, on February 19, 2008, the County of Ulster passed “Local Law Number 2 of 2008,” which, in pertinent part, provides that “no person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.” It defines “open house party” as “a social gathering at a residence or other private property with minors present.” A violation of this law is punishable by a fine not exceeding $250.00 or imprisonment not exceeding 15 days, or a combination thereof.  Furthermore, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.

We are pleased that a number of school districts in Ulster County have taken measures to prevent drinking by students at school-related functions and to deter the consumption of alcoholic beverages by individuals less than 21 years old. The administration, faculty, and students of such districts are to be commended for their creative initiatives to discourage alcohol and drug use by students.

And so we ask that if you permit the use of your home for a prom, graduation, or other school-related event, you monitor the situation carefully to insure that all minors in attendance conduct themselves in a responsible and legal manner. In addition, I ask that if your child is contemplating using a limousine service to transport him or her to an event, you remind the owner/operator of such service of their responsibility in insuring compliance with the laws governing underage drinking.

As a result of the efforts of the Ulster County District Attorney’s Office, the Law Enforcement Agencies of our county, the Ulster County Underage Drinking Prevention Team, and the STOP DWI Task Force, the dangers presented by underage drinking have been identified and continue to be addressed. Any assistance you can render in that regard will be greatly appreciated by all of us, and more importantly, may save the life of one or more of our children.

Ulster County District Attorney:ulstercountyny.gov/da