PRESS RELEASE - KRISTOFER SURDIS SENTENCE

On September 29, 2016, KRISTOFER SURDIS, age 43, a resident of Glenford, New York, was sentenced by Judge Donald A. Williams to seven years in state prison. Surdis, who has an extensive criminal history dating back to 1989, entered a plea of guilty on August 25, 2016 to one count of Falsely Reporting an Incident in the First Degree, a Class D Violent Felony.  That charge stemmed from a May 6, 2016 incident when the Hannaford Supermarket located in the Kingston Plaza received a threat via telephone that a bomb was about to go off in the store.  Police searched the location but did not locate a bomb.  An investigation revealed that Surdis had made the threat while an inmate at the Ulster County Jail on an unrelated charge.

Press Release - Avoid Chimney Sweep Scams

FROM: HOLLEY CARNRIGHT

DATE: SEPTEMBER 26, 2016

RE: PRESS RELEASE – AVOID CHIMNEY SWEEP SCAMS

The chimney service trade is not regulated, nor are chimney sweeps licensed in the state of New York. As the weather turns cooler, scams involving chimney sweeping and repairs become more prevalent according to the Ulster County District Attorney’s Division of Consumer Affairs, which offers these tips:

• Don’t hire a chimney sweep who shows up at your door – or calls -  unsolicited, without first checking references;
• For additional information, visit the Chimney Safety Institute of America’s website at www.csia.org.

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

Press Release - Dimetri Moseley Verdict

FROM: HOLLEY CARNRIGHT

DATE: SEPTEMBER 23, 2016

RE: PRESS RELEASE – DIMETRI MOSELEY VERDICT

Yesterday, an Ulster County Jury found defendant, DiMetri Moseley, guilty of Criminal Possession of a Weapon in the Second Degree (a Class C Violent Felony) the sole Count against him.  The trial commenced on Monday, September 19th and proof concluded September 21st. The jury deliberated for five hours. The trial was presided over by the Hon. Donald Williams.

The events occurred when gunshots were fired by at least two individuals, as a crowd of patrons exited the “Home” Night Club located at 3353 Rt. 9W in the Town of Lloyd. 

Defendant was found guilty of firing a loaded 38 caliber revolver five times as he walked through the crowd. Multiple police agencies including the Town of Lloyd Police, the Ulster County Sheriff’s Office, New York State Police and others responded to the call for shots fired and found one man wounded by a gunshot collapsed in the parking lot of the club. Tahmel Gordon, along with defendants 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 did not pull over even though followed by several police vehicles with emergency lighting and sirens activated. After approximately a mile, defendants’ vehicle stopped on SR 9W near Milton Avenue as police had erected a 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 the rear passenger door. Shortly after, Gordon was seen pulling a 38 caliber revolver from his waistband and was shot twice by police. The 38 caliber revolver later was determined to have five spent casings in its chamber. After Gordon was shot, he passed the revolver to the backseat passenger, DiMetri Moseley, and the vehicle slowly proceeded to roll to a stop across the street. The 38 caliber 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’s injuries were not life threatening.  

Moseley is 22 years old with a criminal history of Resisting Arrest and at least one bench warrant. Defendant is facing a maximum sentence 15 years State Prison.  

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens and the defendant was represented by Daniel Gaffney.

Press Release - David Mahoney Appeal

TO:       ALL NEWS MEDIA

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     SEPTEMBER 22, 2016

RE: PRESS RELEASE - DAVID MAHONEY APPEAL

The Appellate Division, Third Department has today unanimously affirmed the July, 2014 conviction of David Mahoney upon his plea of guilty convicting him of two counts of burglary in the third degree. 

Defendant’s conviction stems from a series of burglaries which were perpetrated by him over the course of a 10 day period in the fall of 2013 in the Town of Lloyd.  Defendant burglarized eight separate commercial establishments and public buildings before he was arrested. 

Defendant eventually pled guilty to two counts of burglary in the third degree in the Ulster County Court with the understanding that he would be sentenced to concurrent prison terms of two and one-third to seven years.    However, after reviewing defendant’s unfavorable pre-sentence report, the Court made clear it would not impose the agreed upon sentence, but would impose consecutive prison terms of two and one-third to seven years and two to six years.  Though he was given the opportunity to withdraw his plea, defendant declined to do so and was sentenced by Judge Williams to consecutive terms of imprisonment. 

On appeal, the defendant claimed that County Court’s imposition of the enhanced sentence was unduly harsh and excessive.  This claim, however, was unpreserved for appellate review and accordingly was rejected by the Appellate Division, Third Department. 

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

Press Release - Daniel McCullom Verdict

FROM:  HOLLEY CARNRIGHT

DATE:  SEPTEMBER 14, 2016

RE:  PRESS RELEASE – PEOPLE V DANIEL McCULLOM

On September 14, 2016, after a trial in Ulster County Court, a jury of four men and eight women returned a verdict finding Daniel McCullom guilty of all counts of a three count indictment charging him with Criminal Possession of a Controlled Substance in the Third Degree, Criminal Possession of a Controlled Substance in the Fourth Degree and Criminal Use of Drug Paraphernalia.

McCullom’s arrest was a result of an investigation by the New York State Police into narcotics activity in the Town of Lloyd.  On July 7, 2015, members of the New York State Police executed a search warrant at the Atlas Motel where they recovered 58 oxycodone pills, a digital scale and other drug paraphernalia.  McCullom was taken into custody at the scene.

The case was prosecuted by Assistant District Attorney Timothy Lawson.  The defendant was represented by attorney Gerard Carey.  McCullom is scheduled to be sentenced by the Hon. Donald A. Williams on November 18, 2016.