Press Release - Wise Giving

FROM: HOLLEY CARNRIGHT

DATE: NOVEMBER 30, 2017

RE: PRESS RELEASE – WISE GIVING

The Ulster County District Attorney’s Division of Consumer Affairs advises donors to consult www.give.org/charity-reviews/national before contributing to national charities. This is the website for the Better Business Bureau Wise Giving Alliance (WGA). The Alliance helps donors make informed giving decisions by providing Charity Reports and advances high standards of conduct among organizations that solicit contributions from the public through its Accountability Standards. While it’s the donors’ decision, WGA recommends they avoid or be extremely cautious when contributing to nondisclosure charities. Charities that do not provide WGA with any of the requested information needed to complete the charity evaluations are called nondisclosure charities. While this could be benign, some of these charities could also be hiding something by choosing not to disclose. Consumer Affairs can be reached at 340-3260.

Press Release - Stephen Brooks Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     NOVEMBER 30, 2017

The Appellate Division, Third Department has unanimously affirmed the October, 2014 conviction of Stephen Brooks, a/k/a “Lay Low,” 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, class B felonies.

Defendant’s conviction stems from two separate drug sales which occurred on November 9, 2013.  On that date, the defendant, using a confidential informant as a go between, sold crack cocaine to a Kingston Police officer.  The confidential informant facilitated the sales by ferrying the drugs and buy money between adjoining hotel rooms with defendant in one room and police officers in the other.  The defendant was arrested following the second sale. 

The defendant, a second felony offender with a prior violent felony conviction, was sentenced by County Court Judge Donald A. Williams to concurrent 13 year State prison terms on each count followed by three years of postrelease supervision.

On appeal, defendant challenged the Court’s Molineux ruling which allowed the People to introduce evidence that the confidential informant had made drug sales on his behalf in 2005 and 2013. He also argued that the Court erred in refusing to disqualify the District Attorney’s Office, and he argued that he was subjected to an illegal warrantless arrest in the hotel room where he had a legitimate expectation of privacy.  The Appellate Division, Third Department, however, rejected each of these claims.     

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 - Danyl Burger Appeal

From:  D. Holley Carnright, District Attorney

Dated:  November 22, 2017

__________________________________________________________

The Appellate Division Third Department has today unanimously affirmed the January, 2014 conviction of Danyl Burger, upon a jury verdict convicting him of the crime of Criminal Possession of a Controlled Substance in the Third Degree, two counts.

Defendant’s conviction stems from a traffic stop in the Town of Lloyd on July 18, 2012.  On that date after receiving information from a confidential informant, defendant’s car was pulled over near the Mid-Hudson Bridge by a state trooper. During the stop, the Trooper noticed a knotted plastic bag in plain view which contained crack cocaine and defendant was arrested.

Defendant was convicted of two counts of Criminal Possession of a Controlled Substance in the Third Degree.  As a second felony offender, defendant was later sentenced by County Court Judge Donald A. Williams to an aggregate prison term of 8 years to be followed by 3 years of Post Release Supervision.

On appeal, defendant maintained that he was denied meaningful representation.  However, the Third Department rejected this assertion.

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

Press Release - Playford sentence

JOHN PLAYFORD SENTENCED IN ULSTER COUNTY ON VEHICULAR MANSLAUGHTER CHARGES

          John Playford, 22, of Mower Mill Road, Saugerties, was sentenced in Ulster County Court on November 16, 2017 to a period of four to twelve years in state prison upon his conviction after a guilty plea to Vehicular Manslaughter in the First Degree and Reckless Endangerment in the Second Degree.

          Playford pled guilty on November 2, 2017, and admitted that he caused the death of Jacob Sweeney, age 22, after driving off the road on State Route 32 in Saugerties after consuming beer and smoking marijuana.

          The investigation, headed by the Saugerties Police Department, with assistance from the New York State Police and the Ulster County District Attorney’s Office, revealed that on January 31, 2017 at 3:22 a.m. the Jeep Cherokee operated by Playford veered off the road snapping a telephone pole in half before hitting a snowbank, small tree, a house, and overturning several times ejecting the passenger, Jacob Sweeney. The Jeep ended up overturned behind a rock wall approximately 350 feet from the point in which the vehicle left the roadway.

          Playford was arrested on March 2, 2017, and indicted by an Ulster County Grand Jury shortly thereafter. Blood tests revealed that Playford’s blood alcohol content was .18, more than twice the legal limit, and his blood contained active marijuana metabolites indicative of recent usage.

          The investigation revealed that Playford drove to a local convenience store in the early morning hours of January 31 to purchase a twelve pack of beer after drinking for several hours during the day. After driving along quiet back roads, Playford was returning to Mower Mill Road travelling at a high rate of speed on State Route 32 when the crash occurred.

          Inside the State Route 32 residence, which Mr. Playford crashed into, were a fourteen year old and twelve year old. Playford’s Jeep Cherokee smashed through the bedroom wall of the house and nearly struck the boys while they were asleep. The owner of the house described to the Court at sentencing that her family suffered from PTSD as a result of this incident.

          Peggy Sweeney, the mother of Jacob Sweeney, shared an emotional statement with the Court at sentencing. Sweeney expressed her love for Playford, who was a close friend of Jacob Sweeney, and acknowledged that  Playford did not mean to kill Jacob on that fateful morning. Peggy Sweeney asked Playford to write to her family if he needed support while in state prison but also agreed that Playford deserved to be punished for his actions.

          Ulster County District Attorney Holley Carnright stated, “The courage and compassion shown by Peggy Sweeney is simply incredible. For all of the heartache that her family suffered as a result of this crime and to speak those powerful and emotional words to the man who killed her son is a testament to her character. We hope that that citizens of Ulster County will continue to hear the message that drinking and driving can be a deadly combination.”

          The case was prosecuted by Senior District Attorney Gerald Van Loan.

Press Release - Luis Ortiz

The Appellate Division, Third Department has today unanimously affirmed the October, 2014 conviction of Luis Ortiz upon his plea of guilty to the crime of rape in the first degree, a class B violent felony.

Defendant’s conviction stems from his forcible rape of an 80 year old woman in her home in the Town of Wawarsing after he imprisoned and strangled her when she tried to scream for help.  In satisfaction of multiple charges, including rape in the first degree, burglary in the first degree, burglary in the second degree, unlawful imprisonment in the first degree, strangulation in the second degree and resisting arrest, defendant pled guilty to rape in the first degree.  Pursuant to the plea agreement, defendant waived his right to appeal and agreed to be sentenced to 20 years to life in prison if the People established he was a persistent violent felony offender.  In this regard, the People filed a persistent violent felony offender statement with the Court setting forth that defendant had previously been convicted of both manslaughter in the first degree and burglary in the first degree and the defendant was given an opportunity to controvert the allegations contained therein. 

The People’s application to sentence Ortiz as a persistent violent felony offender was granted by Ulster County Court (Donald A. Williams, J.) and he was sentenced to 20 years to life in prison.

On appeal, while defendant claimed that County Court failed to comply with the procedural requirements set forth in the CPL to sentence him as a persistent violent felon.  The Appellate Division, Third Department completely rejected that assertion.

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

 

Press Release - Shawn Bradley

 

On November 15, 2017, Shawn Bradley of Kingston was sentenced by Ulster County Court Judge Donald A. Williams to 12 years in state prison plus 5 years of post-release supervision after having pleaded guilty to Criminal Possession of a Weapon in the 2^nd Degree.  Bradley was also sentenced to 7 years in state prison on one count of Criminal Sale of a Controlled Substance in the 3^rd Degree.  The sentences are to run concurrently.

Bradley was arrested at the conclusion of a two month investigation by the Special Investigations Unit of the City of Kingston Police Department into heroin sales in the City of Kingston.  He was subsequently indicted by an Ulster County Grand Jury for selling heroin to an agent of the City of Kingston Police Department on two separate dates.  A search warrant executed on Bradley’s residence received 1,668 bags of heroin, more than ½ ounce of cocaine, a loaded Smith & Wesson 9mm handgun and $24,800 in U.S. currency.

Bradley’s lengthy prior criminal history includes a 1991 conviction for Robbery in the 1^st Degree, Attempted Criminal Possession of a Controlled Substance in the 5^th Degree in 2007, Aggravated Trafficking of Drugs in the State of Maine in 2011 and a Violation of Parole in 2015.

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh.

Press Release - child support

                       PRESS RELEASE

November 15, 2017

            The Ulster County District Attorney’s Office, working with the Ulster County Child Support Collection Unit, announces the arrest of three individuals for willful non-payment of child support. 

1.     Ryan Nolan – age 34, was arrested on 11/3/17 in Oswego County.  He owes $63,987.21 in child support payments to an Ulster County resident. 

2.     Michael Mann – age 31, was arrested on 11/4/17 in the Town of Wallkill.  He owes $27,958.35 in child support payments to an Ulster County resident. 

3.     Robert Sprague – age 34, was arrested on 11/6/17 in Rockland    County.  Sprague owes $19,446.46 in child support payments to an Ulster County resident. 

            All three defendants are scheduled to appear in the Town of Ulster Court for arraignment.

Press Release - Michael Cuchelo

The Appellate Division, Third Department has today unanimously affirmed the July, 2015 conviction of Michael Cuchelo upon his plea of guilty to the crime of driving while intoxicated. 

Defendant’s conviction stems from his arrest in August, 2014 in the Town of Lloyd.  After being stopped for speeding, Town of Lloyd Police noticed telltale signs of intoxication and defendant subsequently failed four of the field sobriety tests administered.  A breath test later revealed that he had a .16 blood alcohol content.   

Defendant subsequently pled guilty to a superior court information charging him with driving while intoxicated and executed a waiver of appeal.  He was subsequently sentenced by County Court to an indeterminate one and one-third to five year State prison sentence.  

On appeal, the defendant claimed that the sentence imposed by County Court was unduly harsh and severe.  However, the Appellate Division, Third Department determined that defendant was precluded from challenging his sentence on the ground it was unduly harsh and excessive as he validly waived his right to appeal.   

On appeal, the defendant is represented by James R. McGinn, Esq. of Delmar, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

 

 

Press Release - Michael Notarnicola Plea

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   NOVEMBER 8, 2017

SUBJECT: PRESS RELEASE-MICHAEL NOTARNICOLA PLEA

Michael Notarnicola, age 37, of Catskill, New York, pled guilty to the felony of Criminal Possession of a Controlled Substance in The Fourth Degree for his possession of more than one gram of methamphetamine. Notarnicola was a passenger in a vehicle stopped by the New York State Police for a traffic infraction on May 15, 2017.  A search of Notarnicola’s person revealed he had a quantity of methamphetamine in his sock. A vehicle search yielded more methamphetamine found in the glove box of the vehicle. In total, approximately two grams of pure weight methamphetamine was found in his possession. 

Sentencing is scheduled for January 12, 2018 in front of the Honorable Donald Williams. 

The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Mariann Connolly.