Press Release - Ruben Rodriguez Plea

FROM: HOLLEY CARNRIGHT

DATE: MAY 26, 2015

RE: PRESS RELEASE – RUBEN RODRIGUEZ PLEA

_____________________________________________________________________

ULSTER COUNTY COURT: MAN PLEADS GUILTY TO ARMED BURGLARY

A Plattekill man pleaded guilty May 22, 2015 in Ulster County Court confessing that he committed a home burglary with a loaded gun last year in the Town of Plattekill, Ulster County. He entered his plea before Ulster County Court Judge Donald Williams just as a scheduled pretrial hearing was about to begin. The hearing was for the court to determine the admissibility of various items of evidence in the case.  

Ruben Rodriguez, who turned 24 years old today, was residing in Forest Park in the Town of Plattekill at the time of the crime. He and an accomplice, David Valenzuela, used a crowbar to pry open the door to a residence on Route 44/55 in the Town of Plattekill on September 22, 2014. Rodriguez held a loaded gun as he and Valenzuela entered and ransacked the apartment and stole various items of personal property. Rodriguez admitted that he had a loaded gun and had no permission to enter the home or take any property from there. 

After the burglary, Rodriguez and Valenzuela ran to their get-away vehicle, a gold colored Chrysler Pacifica driven by Rodriguez’ girlfriend, which was parked in an adjacent driveway. The unsuspecting owner of the premises pulled into his driveway, blocking the get-away vehicle from leaving, but Rodriguez threatened him with the gun and fired a shot into the front passenger door of the man’s vehicle. After they fled the man called 911 and reported the incident. The man’s vehicle was damaged but no one was hurt.

The State Police in Highland began an investigation. By connecting various pieces of information learned from witnesses and other sources, the investigators and troopers narrowed their investigation and identified the defendants as the perpetrators. Both Rodriguez and Valenzuela gave statements in which each of them admitted his involvement in the crime.

In exchange for his cooperation and trial testimony, defendant Valenzuela, who has no criminal history, was permitted by the prosecutor on April 7, 2015, to plead guilty to burglary in the second degree, a class C violent felony which carries a sentence up to 15 years in prison. Burglary in the First Degree is a class B violent felony which carries a maximum sentence up to 25 years in prison. Ruben Rodriguez is scheduled to be sentenced as a second felony offender on July 30, 2015, by Judge Williams. 

The case was prosecuted by Assistant District Attorney Emmanuel Nneji and the defendant was represented by Public Defender Bryan Rounds.

Press Release - Gary Griffin/Jorge Marrero/Travis Bryant Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     MAY 21, 2015

People v Gary Griffin

In the last of the series of cases involving the brutal execution style murder of 21 year old C. J. King, Jr. in February, 2009, Gary Griffin’s conviction upon a jury verdict convicting him of the crimes of murder in the first degree, conspiracy in the second degree, intimidating a victim or witness in the first degree, tampering with a witness in the first degree, criminal possession of a weapon in the second degree and criminal facilitation in the second degree was unanimously affirmed today by the Appellate Division, Third Department. 

Griffin, an admitted member of the “Sex, Money, Murder” branch of the Bloods street gang, was convicted of these crimes following a joint trial with co-defendant Trevor Mattis, the actual shooter, for his involvement in this heinous crime to prevent C. J. King, Jr. from testifying in a criminal action which was at that time pending against Jarrin “Phat Boy” Rankin, another member of the Bloods. 

The defendant argued on appeal that the jury verdict was against the weight of the evidence. However, the proof, which included direct testimony by two female co-conspirators, of defendant’s involvement in the planning and commission of these crimes was overwhelming and compelling.  Defendant also claimed that the attorney who represented him at trial was ineffective, but that claim too was rejected by the reviewing court. 

Griffin was sentenced to life in prison without the possibility of parole on his conviction of murder in the first degree. On appeal, defendant claimed that his sentence was unduly harsh and severe.  However, the Appellate Division, Third Department rejected this contention as well, citing defendant’s past violent criminal history, his chilling lack of remorse and the critical role he played in these events. 

On appeal, defendant is represented by Carolyn B. George, Esq. of Albany.  Marlene Tuczinski, Esq. of the New York Prosecutors Training Institute, Inc. in Albany handled the appeal for the District Attorney’s Office. 

The Appellate Division, Third Department has today also unanimously affirmed convictions in the following cases:  

People v Jorge Marrero

Jorge Marrero was convicted in the Ulster County Court upon a plea of guilty of the crime of assault in the first degree, a class B violent felony, on August 15, 2013. 

Marrero’s conviction stems from a brutal assault which was perpetrated on his then girlfriend, Lauren Watts, in their apartment in the Town of Lloyd on October 14, 2012.  On that date, without provocation or warning, the defendant shot Ms. Watts in the face at close range while she sat at her computer.  As a result of the defendant’s actions, the victim sustained serious life altering physical injuries, including blindness in both eyes. 

Following his plea, defendant, who waived his right to appeal as part of the plea agreement, was sentenced by County Court Judge Donald Williams to a determinate term of 18 years followed by five years of postrelease supervision. 

On appeal, the defendant challenged the severity of his sentence but the Appellate Division, Third Department ruled it was precluded from considering that argument because defendant waived his right to appeal. 

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

People v Travis Bryant

Travis Bryant was convicted upon his plea of guilty in the Ulster County Court of the crime of burglary in the first degree, a class B violent felony, as a result of his breaking into his girlfriend’s residence in the City of Kingston in August, 2012 after she unilaterally ended their relationship.  Defendant not only broke into the victim’s apartment and caused damage, but threatened to burn the entire apartment building down to the ground. 

Defendant, who was charged in a six count indictment with a variety of offenses, was sentenced by County Court Judge Donald Williams on the one count of burglary in the first degree to which he pled to 12 years in State prison to be followed by five years of postrelease supervision on July 10, 2013.

On appeal, the defendant argued that the appeal waiver which he agreed to as part of the plea agreement violated public policy because it was unilaterally imposed by County Court.  As the Appellate Division, Third Department however noted – “waiving one’s right to appeal as part of a plea agreement is not inherently coercive or against public policy” and the waiver of appeal was an integral part of the bargain agreed to by both parties.  Defendant also challenged the factual sufficiency of his plea, as well as the procedures used to impose sentence but the court ruled that both of these claims were precluded by his waiver of appeal. 

On appeal, defendant is represented by Bruce Evans Knoll, Esq. of Albany.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office. 

Press Release - Buying A Used Car

FROM: HOLLEY CARNRIGHT

DATE: MAY 21, 2015

RE: PRESS RELEASE – BUYING A USED CAR

BUYING A USED CAR

The Ulster County District Attorney’s Division of Consumer Affairs offers these tips to consumers who are in the market for a used car…

• Have the vehicle checked by a trusted mechanic before buying it;
• Find out as much about the vehicle’s history as possible (title information, flood damage history, odometer readings) through online databases such as www.carfax.com and the National Motor Vehicle Title Information System (www.nmvtis.gov);
• Do not assume you can obtain a refund on a deposit;
• Be advised there is no statutory right to cancel the purchase of a vehicle in New York State, unless financing cannot be obtained;
• A private sale is not covered by New York State’s Lemon Law (the Used Car Lemon Law is contingent upon date/time limits as well as mileage at the time of purchase, www.ag.ny.gov/consumer-frauds/lemon-law).

Consumer Affairs can be reached at 340-3260.

Press Release - Donald Pretto Sentencing

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   May 14, 2015

SUBJECT: PRESS RELEASE – DONALD PRETTO

On May 14, 2015, Donald Pretto, of Saugerties, New York, age 61, was resentenced to one to three years in state prison for a violation of a conditional discharge.  On January 9, 2012, the defendant was convicted, in Ulster County Court, of Driving While Intoxicated as a felony and sentenced to one year in the Ulster County Jail.  As part of his sentence the defendant was ordered by the Court to not operate any motor vehicle without an Ignition Interlock Device installed in it for a period of three years.  

On October 19, 2014 the defendant was found by police to be operating a motor vehicle that did not have an ignition interlock device installed in it and while the defendant did not have a valid driver’s license.  On November 24, 2014, the defendant was again found by police to be operating a motor vehicle without an ignition interlock device and without a valid driver’s license.  On November 24, 2014, the defendant also gave the police officer an incorrect name in an attempt to evade arrest.      

The defendant has six convictions for Driving While Intoxicated.  He was also convicted of Vehicular Assault in the 2nd Degree in 2008.  In that case the defendant, while intoxicated, drove his vehicle on the wrong side of the road causing a crash with an oncoming car.  The driver of the other car was severely injured. 

The resentencing was presided over by the Honorable Donald A. Williams.  Assistant District Attorney Lisa Bondarenka prosecuted the case.  The defendant was represented by Assistant Public Defender Majer Gold.

Press Release - Kristian Wheeler Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT

DATE:     MAY 14, 2015

The Appellate Division, Third Department has unanimously affirmed the October 10, 2012 conviction of Kristian Wheeler upon his plea of guilty convicting him of the crime of criminal sale of a controlled substance in the third degree, a class B felony. 

Defendant’s conviction stems from a series of crack cocaine sales he made to an undercover officer in the City of Kingston between August and September, 2011.  Defendant was eventually charged in a six count indictment with three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree and pled guilty to criminal sale of a controlled substance in the third degree with the understanding he would receive an eight year prison term with three years of postrelease supervision.  The defendant, a prior felony offender, was sentenced in County Court (Williams, J.) in accord with the terms of the plea agreement. 

On appeal, defendant claimed that his plea was neither knowing, voluntary nor intelligent because the Court incorrectly informed him during the plea that he faced a maximum of 15, rather than 12 years, of postrelease supervision.  The Appellate Division, Third Department, however, rejected defendant’s claim on the ground that his contention was unpreserved for appellate review and that there was no indication in the record that he had relied upon this erroneous information in accepting the plea agreement.

On appeal, 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.