Press Release - Legal Tender Status

   

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 27, 2015

RE: PRESS RELEASE – LEGAL TENDER STATUS

Don’t they have to take my money? They want me to pay by credit card, check or money order. Isn’t my money legal tender?

The Ulster County District Attorney’s Division of Consumer Affairs advises there is no Federal statute mandating that a private business, a person or an organization must accept currency or coins for payment for goods or services. Private businesses such as movie theaters, convenience stores and gas stations are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a business may prohibit payment in pennies or dollar bills, or may refuse to accept large denomination currency as a matter of policy.

Consumer Affairs can be reached at 340-3260.

Press Release - Ryan Noval Sentence

FROM:  HOLLEY CARNRIGHT

DATE:  AUGUST 19, 2015

RE:  PRESS RELEASE – PEOPLE V. RYAN NOVAL

On August 18^th, 2015, Ryan Noval of Ellenville was sentenced in Ulster County Court to 14 years in state prison and 5 years of post-release supervision after having previously pleaded guilty to Robbery in the First Degree. 

On August 27^th, 2014, Noval and his girlfriend Nicole Halter set up a deal for heroin with the victim who is the defendant’s ex-girlfriend.  The plan was to ask the victim to obtain $875 worth of heroin for them and then rob her when she showed up for the transaction.

The defendant, Nicole Halter and a third person drove to the agreed upon location of the transaction that same afternoon.  Upon arrival, Nicole Halter got into the victim’s car and handed her approximately $80.  The victim counted the money and told Halter that it wasn’t enough.  Halter exited the victim’s vehicle without the money and walked back to the truck they came in.  The defendant exited the vehicle with a loaded shotgun and approached the victim.  He demanded everything she had with the shotgun pointed at her head.  He then reached in and took the $80 back and robbed her of an additional $200. 

As the defendant stepped back from the vehicle, the victim accelerated away and the defendant fired one round of birdshot from the shotgun into the back passenger-side window striking the victim in the back.  She was able to drive away and call 911.

The defendant, Halter and third party left the scene and purchased beer and then went to Halter’s home.  The police arrived in mass and after a brief standoff, the defendant was arrested and the shotgun was located in the house. The victim sustained numerous pellet wounds to her back.  She was treated at both Ellenville Hospital and Westchester Medical.

The co-defendant, Nicole Halter, has pled guilty to Conspiracy in the fourth degree and is scheduled to be sentenced in September.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by Cappy Weiner. 

Press Release - Computer Cold Call Repair Scam Returns

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 19, 2015

RE:  COMPUTER COLD CALL REPAIR SCAM RETURNS

A telemarketing scam that aims to separate computer users from their financial information has resurfaced, according to the Ulster County District Attorney’s Division of Consumer Affairs.

The scam involves a cold call from a person claiming to be from Dell, Microsoft or another large computer company. The person then asks to remotely connect to the victim’s computer, followed by the claim they can fix the problem if a credit card number is provided.

Victims report receiving unsolicited calls from what they believe are foreign call centers. The scam typically involves a scammer cold-calling you and requesting remote access to your computer. If you give the scammer access, they will claim to run a scan, discover a fake virus and then apply high pressure sales tactics to convince you to buy unnecessary anti-virus software or technical services to “fix” your computer.

Consumer Affairs advises the public to never provide credit card or any personal information to an unknown, unverified caller. If you receive a phone out of the blue about your computer’s security status and requesting remote access – hang up – even if the caller mentions a well-known company or product. Consumer Affairs can be reached at 340-3260.

                                                             

Press Release - Brandon Rifenburg Sentencing

FROM:  HOLLEY CARNRIGHT

DATE:  AUGUST 18, 2015

RE:  PRESS RELEASE – PEOPLE V. BRANDON RIFENBURG

On August 17^th, 2015, Brandon Rifenburg of Shandaken was sentenced to 1 and 1/3 to 4 years in state prison after having pleaded guilty to Grand Larceny in the 4^th Degree.  He also pleaded guilty to Unlawfully Fleeing a Police Officer in a Motor Vehicle in the 3^rd Degree and was sentenced to one year in the Ulster County Jail.  The sentence represents the maximum amount of time Mr. Rifenburg could have received under the law for these charges.

Rifenburg was charged with an incident that occurred on April 15^th, 2014.  On that date, Rifenburg returned home after work and began consuming alcohol.  When he tried to leave the house, he and his father got into an argument about Rifenburg’s ability to drive a vehicle after the consumption of alcohol.  Rifenburg left the residence on foot and walked toward Accord.  While in the Town of Marbletown, the defendant stole a 1999 Ford Explorer from a residential area.  He was driving the vehicle toward Accord when he was spotted by a deputy sheriff who was patrolling the area.  At the time of his plea, Rifenburg admitted to panicking and accelerating away from the deputy.  This action led to a pursuit through several jurisdictions within Ulster County involving multiple police agencies.  Rifenburg also admitted intentionally striking the side of police vehicles in an attempt to run them off the road.  He continued to flee even after three of his tires were blown by spike strips until he was driving on rims and lost control of the vehicle. 

Information was provided to police during the pursuit that Rifenburg may have been armed with a gun.  After Rifenburg crashed the vehicle into an embankment he was shot by a deputy sheriff while exiting the vehicle.  An Ulster County Grand Jury subsequently cleared the deputy of any wrongdoing in the discharge of his service weapon.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by Anthony Cillis of Jonna Spilbor Law. 

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  CONVICTED KILLER IN DEP SHOOTING RECEIVES MAXIMUM SENTENCE

            David Reese, 55, of 297 Flat Creek Road, Gilboa, was sentenced Thursday, August 13, 2015, to 25 years to life in state prison.  Orders of Protection were issued for family members of the victim to remain in place until August of 2065 and fees will be taken from the defendant’s inmate account.

Reese was convicted of Murder in the Second Degree for intentionally causing the death of co-worker, Aron Thomas, while at their place of employment.  Both were employed by the New York City Department of Environmental Protection located at 71 Smith Avenue in the City of Kingston.  Thomas died as a result of a gunshot to his neck which severed his spinal cord. 

At sentence, the victim’s widow spoke about the devastating loss of her “best friend”.  She went on to outline the life that she and Aron had planned and just begun to make a reality never expecting such a horrific act to impact their lives.  She and four other family members discussed the enormous impact on Aron’s family including the holidays and special occasions for years to come where he will be deeply missed, as well as the milestones in lives of his young children in which he will not be able to take part. 

Special Victim’s Bureau Chief Assistant District Attorney Katherine Van Loan, handled the case for the District Attorney’s Office.       

                   
           Reese was arrested on February 3, 2014, by members of the Kingston Police Department.  The Kingston Police Department was assisted in its investigation of this matter by members of the NYC DEP Police, the New York State Police and the Ulster County District Attorney’s Office.  He was indicted in March of 2014 by an Ulster County Grand Jury.  Reese was convicted following a week  long trial in Ulster County Court from May 26 through June 2, 2015 by a jury of four men and eight women, who listened to testimony from 16 prosecution witnesses including Dr. Michael Sikarica MD who performed the autopsy, the 911 operator three expert witnesses from the New York State Police Forensic Investigation Center in Albany, a forensic psychiatrist and several employees from the New York City Department of Environmental Protection.  The defendant testified on his own behalf and called a forensic psychiatrist and argued that he was not guilty by reason of insanity. 

Ulster County District Attorney, Holley Carnright stated, “We feel this is the just sentence and hope it helps to bring some closure to the victim’s family and the community”. Carnright noted that the defendant has never taken any responsibility for his actions and stands by a version of events which defies common sense.  The defendant’s complete lack of remorse contributed to the decision to seek the maximum penalty.    

The defendant was represented by Jeffrey Hoerter, the conflict attorney for the Dutchess County Public Defender’s Office. 

Smith and Moseley press release

 

     On August 12, 2015 an Ulster County jury found Defendant, Frederick Smith, guilty of Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony).  There was a hung jury regarding co-defendant Dimetri Moseley.   

     The trial involved events which occurred when at least 15 shots were fired by patrons who had exited the “Home” night club located at 3353 Rte. 9W in the Town of Lloyd on January 25, 2014.  Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and the Ulster County District Attorney’s Office responded to the call for shots fired and found one man wounded by a gunshot collapsed in the parking lot.  Four individuals, Tahmel Gordon, Jaquan Higgs, Frederick Smith, and DiMetri Moseley, drove away from the scene with Gordon driving.  Police gave pursuit as the defendants’ vehicle was identified by Home Night Club’s personnel as being occupied by individuals involved in the shooting.  The suspect vehicle refused to comply to several police vehicles which gave chase with emergency lighting and sirens activated.  After approximately a mile, defendant’s vehicle stopped on SR 9W near Milton Avenue when they came to a police erected barrier.  Police surrounded the vehicle calling out commands for the defendants to show their hands and to exit the vehicle.  Defendants ignored these commands.  Defendant, Frederick Smith was seen throwing a loaded semi- automatic pistol out his door. Gordon refused police commands and was seen pulling a .38 cal revolver from his waistband and was shot twice by police. The .38 cal revolver later was determined to have five spent casings in its chamber. After Gordon was shot, he allegedly passed the revolver to the backseat passenger, DiMetri Moseley.  The .38 cal revolver was then secreted in a black jacket by Moseley which was later recovered by police.  

     Once stopped, Frederick Smith got out of the vehicle and despite police ordering him not to move, ran into the woods with several officers in pursuit. Smith was apprehended and all defendants were arrested. 

     Gordon had previously pled guilty to Criminal Possession of a Firearm, as an E felony, and has been sentenced to state prison.  Gordon’s injuries were not life threatening. 

     Smith is 25 years old with an extensive criminal history. He was convicted of a violent felony Assault in Dutchess County in 2012, and is currently serving a 7 year sentence for a Criminal Sale of a Controlled Substance, a class B felony, for selling narcotics in the City of Poughkeepsie in 2013. Smith also has numerous misdemeanor convictions. Smith is facing a maximum sentence of 15 years in state prison.

     At the trial Frederick Smith was represented by Assistant Public Defender Brian Rounds.  Dimetri Moseley was represented by Gerard Carey.  The case was prosecuted by Senior Assistant District Attorney Clifford Owens and Assistant District Attorney Matthew Grimes.

 

Press Release - Angel Garcia Appeal

PRESS RELEASE

FROM:  D. HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:  AUGUST 6, 2015

     The Appellate Division Third Department has today unanimously affirmed the October 18, 2013 conviction of Angel Garcia upon a jury verdict convicting him of the crime of Burglary in the Second Degree, a class C violent felony.

     Defendant was indicted by an Ulster County Grand Jury in April of 2013 for his participation with accomplice, Eric Fehring, in the burglary of a residence in Ulster County, during which approximately $56,000 in cash was stolen from two separate safe deposit boxes which the homeowner had secreted in his basement.  On the day of the incident, the defendant was implicated in the burglary by Fehring, who was questioned by police following an unrelated traffic stop when police discovered Fehring had drugs in his possession and a large amount of cash.

     Defendant, a prior felony offender, was subsequently sentenced in County Court to a determinate term of 15 years followed by five years’ post-release supervision - the maximum sentence allowed by law- and ordered to pay restitution.

     On appeal, defendant argued that his conviction was not supported by legally sufficient evidence because there was not enough evidence to corroborate his accomplice’s testimony and that the verdict was against the weight of the evidence.  In addition, defendant claimed that his warrantless arrest was not supported by probable cause, that he was denied the effective assistance of counsel and that the maximum sentence imposed by County Court was unduly harsh and excessive.  However, the Appellate Division Third Department rejected each of defendant’s arguments and affirmed his conviction.

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