Press Release - Edward Evans Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 28, 2017

  

The Appellate Division, Third Department has unanimously affirmed the April, 2015 conviction of Edward Evans upon his plea of guilty of the crimes of assault in the second degree, a class D violent felony, and criminal possession of a weapon in the third degree, a class D felony. 

Defendant’s conviction stems from an incident which occurred on December 22, 2013 in Kingston, New York.  That afternoon, the defendant became enraged when he discovered his girlfriend’s 14 year old daughter kissing her 15 year old boyfriend.  During the argument which ensued, defendant attacked the victim with a hunting knife with a nine inch blade, slashing his wrist and causing him significant physical injury. 

Following his plea of guilty to these crimes, defendant was sentenced by County Court Judge Donald A. Williams to a determinate eight year State prison sentence to be followed by five years of postrelease supervision. 

On appeal, defendant maintained that his plea was not knowingly, voluntarily and intelligently entered due to his attorney’s ineffectiveness, that the sentence imposed by County Court was unduly harsh and excessive and that he was denied his constitutional right to a speedy trial.  The Appellate Division, Third Department, however, found each of these claims to either be without merit or unpreserved for the Court’s review. 

On appeal, the defendant is represented by Michael C. Ross, Esq. of Bloomingburg, New York.  Assistant District Attorney Joey Drillings, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Grandparent Scam

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 26, 2017

RE: PRESS RELEASE – GRANDPARENT SCAM

“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.

Grandparent scam con artists sometimes 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. Call parents or other family members. 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.

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

                                                              

Press Release - Jared Dutcher Appeal

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 21, 2017

The Appellate Division, Third Department has unanimously affirmed the February, 2015 conviction of Jared Dutcher upon his plea of guilty of the crime of criminal contempt in the first degree, a class E felony. 

Defendant’s conviction stems from an incident which occurred in March, 2014 when he went to his estranged girlfriend’s house and physically harassed and choked her during a domestic dispute over a daycare bill.  In satisfaction of various pending charges, defendant pled guilty to criminal contempt in the first degree and waived his right to appeal in exchange for an agreed upon prison term of one and one-third to four years. 

The defendant was subsequently sentenced by County Court Judge Donald A. Williams on February 17, 2015 to the agreed upon sentence. 

On appeal, defendant argued that his waiver of appeal was invalid and that he was denied the effective assistance of counsel. He also argued that the sentence he bargained for was unduly harsh and severe.  The Appellate Division, Third Department, however, rejected each of defendant’s assertions and unanimously affirmed his conviction.

This is yet another example of a defendant who pled guilty and waived his right to appeal but, never the less, proceeded to file an appeal at a cost to the public.    

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 - Almenteros/Pearce Indictments

FROM:  HOLLEY CARNRIGHT

DATE:  DECEMBER 18, 2017

RE:  PRESS RELEASE – PEOPLE V. RICARDO ALMENTEROS RICARDO E. ALMENTEROS, and EDWARD PEARCE

An Ulster County Grand Jury filed an indictment December 14^th, 2017, in New York Supreme Court charging the defendants with CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE, for possession of greater than 8 ounces of a narcotic drug in the Town of Plattekill. The indictment also charges CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE, that the defendants possessed the cocaine on that date with the intent to sell it.

The defendants were arrested on Route I84 by members of the NYS Police who discovered approximately 1292 grams (greater than 2 pounds) of cocaine packaged in the vehicle’s air intake.

Ricardo Almenteros is on Federal Probation arising from prior drug conviction(s) out of Rochester, NY; Ricardo E. Almenteros and Edward Pearce have no criminal convictions.

Defendants are scheduled to be arraigned on the indictment in Ulster County Court on December 19, 2017.

The case is being prosecuted by Sr. Assistant District Attorney Clifford Owens. 

Press Release - Verraine Plea

FROM:  HOLLEY CARNRIGHT

DATE:  DECEMBER 18, 2017

RE:  PRESS RELEASE – PEOPLE V. SOLANE VERRAINE

On December 15^th, 2017, Solane Verraine of Phoenicia pleaded guilty in Ulster County Court to the class C felony of Manslaughter in the Second Degree.

Verraine admitted to Judge Donald A. Williams during her plea allocution that she intentionally aided John Owings, Jr., to commit suicide on November 19^th, 2016. The Office of the Ulster County Medical Examiner ruled the cause of death to be the result of an acute drug intoxication.  Verraine was cohabiting with Mr. Owings at the time of his death.  

The case was investigated by the Ulster County Sheriff’s Office and the New York State Police. The case is being prosecuted by Chief Assistant District Attorney Michael Kavanagh.  Verraine is represented by attorney Kevin Harp of the firm Mainetti and O’Connor. She is scheduled to be sentenced on February 21, 2018.