Ruben Rodriguez press release

Re:      PEOPLE V. RUBEN RODRIGUEZ

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PLATTEKILL MAN GETS 16 YEARS IN PRISON FOR ARMED BURGLARY

A Plattekill man who pleaded guilty in Ulster County Court to armed home burglary was sentenced on Thursday, July 30, 2015 as a repeat felony offender to 16 years in prison. Ruben Rodriguez, age 24, formerly of Forest Park in Plattekill, confessed in court on May 22^nd to the armed burglary; he also admitted that he was previously convicted of a felony in 2011, making him a repeat felony offender. He was then sentenced by Ulster County Court Judge Donald Williams to 16 years in prison to be followed by 5 years of supervision.

Rodriguez had confessed in court that he and David Valenzuela committed a home burglary with a loaded gun in September last year on Route 44/55 in the Town of Plattekill, Ulster County. Rodriguez held a loaded gun as he and Valenzuela entered and ransacked the apartment and stole various items of personal property.

After the burglary Rodriguez and Valenzuela ran to their get-away vehicle 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 conducted the investigation which resulted in the arrest of Rodriguez and Valenzuela. The sentencing for Valenzuela is expected this summer.

Ruben Rodriguez was represented in Ulster County Court by Bryan Rounds of the Ulster County Public Defender’s Office.  Case was prosecuted by Senior Assistant District Attorney Emmanuel Nneji.

TROY SWARTZ

                             Re:      PEOPLE V. TROY SWARTZ

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KINGSTON MAN GETS LIFE SENTENCE FOR SEXUAL ABUSE AND STRANGULATION

After an Ulster County jury took two hours to convict a Kingston man for Sexual Abuse in the First Degree and Strangulation in the Second Degree on April 16, 2015, Ulster County Court judge Donald Williams agreed with the DA and the victim and threw the proverbial book at him today. Troy A. Swartz, age 45, of 121 Clinton Avenue, Kingston, was sentenced today by Judge Williams to 25 years – life in prison for those offenses as a Persistent Felony Offender.

The present felony convictions are the fifth such convictions for Troy Swartz, making him eligible to be sentenced under a New York law aimed at protecting society from recidivist felony offenders. Ordinarily the felonies for which Troy Swartz was convicted are classified as violent felonies with a maximum sentence of seven years in prison. But the District Attorney filed an application under the recidivist law asking the court to sentence Troy Swartz as a persistent felony offender in light of his criminal history and other relevant background information available to the court.

Judge Williams held a hearing on July 15, 2015, in which Troy Swartz was given an opportunity to refute his criminal history and background which the DA had presented to the court and his lawyer; he admitted all except one, causing the DA to introduce testimony about that particular matter, an alleged recent instance of similar sexual assault in the City of Kingston.

Among other things in his criminal history and background, Troy Swartz served 11.5 years in prison for a burglary where he broke into a woman’s apartment in the City of Kingston and sexually assaulted her in 1998. Troy Swartz also has numerous other convictions and adjudications which the court considered in determining the sentence in this case.

The present convictions stem from an incident of sexual assault and strangulation of a 27 year old Kingston woman who reported to Kingston Police Department on January 8, 2014, that a man she did not know broke into her apartment on Henry Street in Kingston; she reported that the man choked her, beat her, and tried to rape her.

The victim fought back and scratched the much bigger Swartz. Following the assault Swartz took the victims money and other personal items before leaving her apartment. The victim immediately roused a neighbor who called 911. Troy Swartz was arrested in April of 2014 after he was identified from DNA evidence collected from the victim’s body by a Sexual Assault Nurse Examiner at the Kingston Hospital.

Ulster County DA Holley Carnright said that Troy Swartz is a present and extraordinary danger to the residents of Ulster County based on what he has done and continues to do, therefore he deserves the sentence he has received.

Troy Swartz was represented by MariAnn Connolly of the Ulster County Public Defender’s Office.  The case was prosecuted by Sr. Assistant District Attorney, Emmanuel Nneji.

Press Release - Tyler Grable Sentence

FROM: HOLLEY CARNRIGHT

DATE:JULY 23, 2015

RE: PRESS RELEASE – TYLER J. GRABLE SENTENCING

Tyler J. Grable, age 23, of Romney Way, Cottekill, New York, appeared before Acting County Court Judge Richard Mott and was sentenced to two to six years in state prison today in Ulster County Court upon his conviction of Manslaughter in the second degree, Vehicular Manslaughter in the second degree and Vehicular Assault in the first degree.

Grable pled guilty on May 1, 2015 to Manslaughter in the second degree, Vehicular Manslaughter in the second degree and Vehicular Assault in the first degree.

Grable was previously indicted by an Ulster County Grand Jury in February of 2015 of Manslaughter in the second degree and eight related counts.  The charges stem from a two vehicle crash at the intersection of Cottekill Road and Lucas Avenue in the Town of Rosendale on September 26, 2014 at 7:00 PM.  As a result of the crash, the driver of the other vehicle, age 50, was killed and her 19 year old son, a front seat passenger, was seriously injured.

The case was investigated by the Ulster County Sheriff’s Office. At the time of the crash Grable’s blood alcohol content was .15 and his blood also contained active marijuana metabolites.  During the plea, Grable admitted driving in excess of 50 miles per hour through the stop sign at the intersection, making no effort to slow down, and causing the victim’s death, and he admitted smoking pot and drinking beer all day prior to the accident. 

Prior to sentencing members of the victim’s family addressed the court and expressed their heartfelt pain that the defendant’s actions caused.  The victim’s sister stated to Grable “Drinking so much, partying at your friend’s house and then driving home. You killed my mother… was it worth it”.

As part of the sentence, Grable was ordered to pay a fine of $5000.00 and had his driver’ license revoked. He was also ordered to install an  Ignition Interlock Device on all of his vehicles after his release from state prison.

Grable was represented by Kevin Harp of the law firm Mainetti, Mainetti and O’Connor. The case was prosecuted by Sr. Assistant District Attorney Gerard VanLoan.

Press Release - Andre Hawkins Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JULY 23, 2015

The Appellate Division, Third Department has unanimously affirmed the July 27^th, 2012 conviction of Andre Hawkins upon a jury verdict convicting him of the crimes of criminal sale of a controlled substance in the third degree, two counts, and criminal possession of a controlled substance in the third degree, two counts.  In April, 2010, the defendant sold heroin and crack cocaine to an undercover officer assigned to the URGENT Task Force working in conjunction with a confidential informant as part of a series of targeted drugs buys.  Although a warrant was subsequently issued for defendant’s arrest in April, 2011, he was not apprehended until he turned himself into authorities in October, 2011. 

In July, 2012, defendant, a second felony offender, was sentenced to concurrent prison terms of 10 years to be followed by three years of postrelease supervision. 

The Appellate Division, Third Department concluded that the verdict was fully supported by the evidence and that the defendant was not denied the effective assistance of counsel. 

On appeal, the defendant is represented by Alexander W. Bloomstein, Esq. of Hillsdale, New York.  Assistant District Attorney Joey Drillings, Esq. handled the appeal for the District Attorney’s Office.

Press Release - "Help Grandma, I've Been Arrested"

FROM: HOLLEY CARNRIGHT

DATE: JULY 22, 2015

RE: PRESS RELEASE - “HELP GRANDMA, I’VE BEEN ARRESTED”

Ulster County seniors are warned of phony “emergency” calls asking grandparents to wire money to help a grandchild who is “in trouble.’ According to the Ulster County District Attorney’s Division of Consumer Affairs, there are several warning signs of the grandparent scam:

• An urgent call for financial help with an emergency such as a car crash, medical emergency or trouble with the law;
• A request to send money by wire transfer via Western Union or MoneyGram;
• A request to keep the call confidential.

Some of these grandparent scam con artists are quite accomplished.  They will try and trick their victims into mentioning names or they might already have information gleaned from social networking sites like MySpace or Facebook. The best defense is to be skeptical. Ask questions to verify the caller’s identity. Ask for a phone number that you can call back and then hang up and call parents or other family members to confirm your grandchild’s whereabouts.  Don’t be rushed. Don’t wire money, which is like sending cash and is impossible to recover. Never give credit card or bank account information over the phone.

The bad news is that someone is trying to scam you.  The good news is that your grandchild is probably not in trouble.

Consumer Affairs can be reached at 845-340-3260.

Press Release - Joseph Smith Sentence

FROM:  HOLLEY CARNRIGHT

DATE:  JULY 15, 2015

RE:  PRESS RELEASE – PEOPLE V. JOSEPH SMITH

Joseph Smith, age 30, was convicted of Criminal Possession of a Controlled Substance in the Third Degree, a class B Felony, Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D Felony, and False Personation, a misdemeanor, following a jury trial on March 12, 2015.  On July 14th, 2015, Smith was sentenced to 12 years in state prison with three years of Post Release Supervision.

Smith was arrested on April 18, 2014.  His arrest was the result of a narcotics investigation in midtown Kingston by the City of Kingston Police Department’s Special Investigations Unit.  During this investigation, officers observed Smith engaging in an apparent drug sale to another individual, Irving Lowe.  Upon arrest, Smith was found to be in possession of nineteen packages of cocaine. 

Smith has a long criminal history that includes two prior violent felony convictions for illegally possessing a loaded handgun and assaulting a police officer.  Prior to sentencing, the prosecution also introduced evidence that Smith is affiliated with the Sex Money Murder subset of the Bloods street gang. 

The case was prosecuted by Assistant District Attorney Matthew Grimes.  The defendant was represented by Mariann Connolly. 

Press Release - Door-To-Door Meat Sales

FROM: HOLLEY CARNRIGHT

DATE: JULY 13, 2015

RE: DOOR-TO-DOOR MEAT SALES

Before buying meat or poultry from a door-to-door dealer, the Ulster County District Attorney’s Division of Consumer Affairs and the United States Department of Agriculture (USDA) recommend these tips:

• Check the dealer – ask for literature or a brochure about the company (including a price list); Are there any unresolved complaints on file with Consumer Affairs?;
• Read the label on the package or carton before you buy – USDA- and State-inspected products are required to give information about the product on the label;
• Check for grading information on the product – companies can choose to have the meat and poultry that they sell graded by USDA. Only the official USDA grade can be used as a guide to the quality of the meat;
• Understand the cuts – don’t pay top dollar for a tenderloin and receive a cheaper cut such as a shoulder roast;
• Always check to be sure that the product has been transported in a refrigerated vehicle – never buy meat or poultry products that were carried in an unrefrigerated truck or car trunk;
• You have 3 days to cancel your sale – make sure the envelope is postmarked before midnight of the third business day after the contract date (Saturday is considered a business day; Sunday and Federal holidays are not).

For additional help, call USDA’s Meat and Poultry Hotline at 1-888-674-6854. Consumer Affairs can be reached at 340-3260.