Press Release - Marryshow and Russ Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JUNE 22, 2018

  

The Appellate Division, Third Department has unanimously affirmed judgments of convictions in the following cases:

People v Jahson Marryshow, a/k/a Jahson Solomon

In September, 2015, defendant was convicted following a jury trial of the crimes of robbery in the first degree, arson in the third degree and grand larceny in the fourth degree.  The charges arose out of a series of incidents which occurred on the morning of June 30, 2010.  On that date, defendant stole a 2001 dark green Honda Accord from the home of an elderly couple in Woodstock, then set fire to a barn a few miles down the road and while police and firefighters were responding to the fire,  robbed a nearby bank at gunpoint, and fled.  Defendant remained at large until September, 2014 when he was arrested in Oregon by a US Marshal and returned to Ulster County to stand trial. 

Following his conviction, defendant was sentenced as a second felony offender by County Court Judge Donald A. Williams to an aggregate prison term of 15 years to be followed by five years of postrelease supervision. 

On appeal, defendant claimed that one of the People’s witnesses should not have been permitted to make an in court identification as the photo array the witness viewed was unduly suggestive. He also argued that the evidence supporting his convictions of robbery in the first degree and arson in the third degree was legally insufficient and against the weight of the evidence.  The Appellate Division, Third Department, however, rejected all of these contentions. 

On appeal, the defendant is represented by Russell Schindler, Esq. of the Public Defender’s Office.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

People v Rondy Russ, a/k/a Randy Russ, a/k/a Ski

Defendant was convicted in the Ulster County Court on January 30, 2015 upon his plea of guilty of the crime of conspiracy in the second degree for his role in the events of February 9, 2010 which resulted in the murder of Charles King, Jr.  C.J. King, Jr., who was scheduled to testify in the Grand Jury against co-defendant Jarrin Rankin, was targeted and murdered in cold blood by defendant’s fellow Sex/Money/Murder gang members.

Prior to trial, defendant moved to suppress recorded jail calls that he was a party to or that had provided information relevant to the prosecution.  When that motion was denied, defendant entered a guilty plea and following an unsuccessful motion to withdraw his plea, he was resentenced as a second felony offender to a State prison term of six to 12 years. 

On appeal, defendant claimed that Supreme Court (Breslin, J.) erred in denying his motion to suppress the recorded jail calls without a hearing.  The Appellate Division, Third Department, however, noted that defendant was fully aware that the recorded jail calls were monitored by law enforcement personnel at the jail and, ruled, that he had no reasonable expectation of privacy over them. 

Defendant also challenged the severity of his resentence, but that was precluded by the waiver of appeal he executed at the time of the plea. 

On appeal, defendant is represented by Neal D. Futerfas, Esq. of White Plains, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office. 

Press Release - Summer Scams

FROM: HOLLEY CARNRIGHT

DATE: JUNE 22, 2018

RE: PRESS RELEASE - BEWARE SUMMER SCAMS

Summer is finally here and it’s a great time for vacation and home repairs, but don’t let scammers ruin the fun.  The Ulster County District Attorney’s Division of Consumer Affairs warns about popular summer scams the public should be aware of.

 

·       Vacation scams: Fake travel agents and websites use too-good-to-be-true deals only to take your money. Whether it’s a fake timeshare rental or a bogus Florida vacation, don’t let a vacation scam take you for a ride. Make sure the offer is legitimate by verifying the name, address and reputation of the company.

·       Moving scams: What is the mover’s reputation? Before moving your household goods movers are required to give you the booklet entitled Your Rights and Responsibilities When You Move.  Copies of this booklet can be downloaded from the website www.protectyourmove.gov.

·       Concert ticket scams: Be wary of sellers who offer a sad tale as to why they cannot use the tickets, only accept cash, want the money wired, and/or pressure you to act quickly.

·       Door-to-door scams: What are the address, name and reputation of the company that shows up unsolicited to pave your driveway or clean your chimney? Get all promises in writing. Never sign a contract that has an open-ended completion date or blank spaces.

·       Employment scams: Be wary of employers who require fees for training and background checks, or who tout “no experience needed.”

The Division of Consumer Affairs can be reached at 340-3260.

Press Release - Edward McCoy Sentence

TO: MEDIA

FROM: HOLLEY CARNRIGHT

DATE: JUNE 20, 2018

RE: PRESS RELEASE – EDWARD McCOY SENTENCE

Edward McCoy, (21 yrs old) was sentenced today in Ulster County Court (Hon. D. Williams) to 15 years State Prison for a Burglary in the Second Degree conviction which occurred on April 18, 2018.

The events which led to defendant’s conviction occurred October 23rd, 2017, at about 7:00 am, when four members of a family left their Kingston residence. The Father and Mother were dropping off their young daughters at school and then going to their respective jobs. A fifth member of the family, a college student, remained home as she had classes later that morning. 

After the four left, the remaining daughter heard noises in the house as she laid in her bed. She texted her Mother asking if they had come back to the house. The Mother responded by texting “it’s probably the cats making the noise”.

Shortly thereafter, the defendant walked into the daughter’s bedroom whereupon the daughter yelled. The defendant ran from the house as the daughter took pictures of him running with her phone. Members of the Kingston Police Department responded immediately, apprehending the defendant a couple blocks away, still in possession of stolen jewelry from the house.

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens. The defendant was represented by Public Defender Mariann Connolly.

Press Release - Ricardo Almenteros Conviction

FROM: HOLLEY CARNRIGHT

DATE: JUNE 15, 2018

RE: PRESS RELEASE – RICARDO ALMENTEROS CONVICTION

Today an Ulster County jury of 5 men and 7 women found Ricardo Almenteros of Rochester, New York, guilty of Criminal Possession of a Controlled Substance in the First Degree ( a Class A-1 Felony )and Criminal Possession of Controlled in the Third Degree ( a Class B Felony ) following approximately 2 hours of deliberations. 

The events which led to defendant’s indictment occurred on December 3rd, 2017, at 2:40 am, when the New York State Police conducted a vehicle and traffic stop of defendant’s vehicle following a traffic infraction on I87 north T/Plattekill. The car was occupied by 3 men, the defendant and his two sons, Ricardo E. Almenteros (19 yrs old) and Edward Pearce (23 yrs old ).  The driver’s (Ricardo E.) license was suspended and each occupant gave conflicting stories as to where they were coming from. 

A New York State Police Canine Specialist was brought in immediately to the scene and the dog made an alert for narcotics by the engine compartment of the suspect vehicle. A search under the hood of the suspect vehicle revealed 2.8 pounds of cocaine in brick form which was wrapped in cellophane. The cocaine was found hidden in the air intake compartment of the engine. The brick had an identifying mark of “OSO” (bear in spanish)—which is believed to belong to a high ranking member of the Sinaloa Cartel in Culiacan Mexico.

The Defendant has a 2011 Federal Felony conviction for Conspiracy to Distribute Cocaine. Sentencing is scheduled before County Court Judge Donald Williams for August 28, 2018 at 9:30 am. Almenteros is facing up to 24 years in State Prison as a Second Felony Offender.

Prior to trial Ricardo E. and Mr. Pearce pled guilty to the lessor charges of Criminal Possession of a Controlled Substance,  Fifth Degree and Criminal Possession of a Controlled Substance, Third Degree respectively, and are awaiting sentencing. Each of the sons admitted knowledge of the cocaine found in the car and implicated their father during their allocutions. Mr. Pearce also admitted that his father had “drug” debts and that the sons were being groomed to take over their father’s distribution business. 

The case was prosecuted by Sr. Assistant District Attorney Clifford Owens and assisted by Assistant District Attorney Jarrid Blades. The defendant was represented by Public Defender Russell Schindler.

Press Release - Chad Olson Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JUNE 14, 2018 – PEOPLE V CHAD OLSON

The Appellate Division, Third Department has unanimously affirmed the Ulster County Court’s order entered July 9, 2016 which denied defendant Chad Olson’s CPL §440 motion to vacate his conviction of the crimes of course of sexual conduct against a child in the second degree, sexual abuse in the first degree and two counts of endangering the welfare of a child committed against two child victims.

Following his 2013 conviction, defendant was sentenced by County Court Judge Donald A. Williams to an aggregate term of 14 years in State prison followed by 10 years of postrelease supervision.  Defendant appealed and, in 2015, defendant’s judgment of conviction was upheld by the Appellate Division, third department. Thereafter, defendant filed a CPL 440 motion seeking to set aside his conviction upon the ground that that his trial counsel was ineffective because he did not produce a qualified expert witness.  Following a hearing, County Court denied the defendant’s 440 motion and defendant then appealed the County Court’s ruling back to the Appellate Division.

On appeal, defendant claimed that his trial attorney was ineffective because he did not call the forensic psychologist he preferred because such expert was unavailable and that while counsel retained another forensic psychologist who did in fact testify, he believed the expert counsel retained was less qualified than his first choice.  At the hearing that was held in County Court after defendant’s appeal was denied, defendant’s trial counsel confirmed that the expert he did in fact retain was fully knowledgeable in the area of child sexual abuse.  In denying defendant’s appeal of the judge’s ruling of his 440 motion, the Appellate Division emphasized that the failure to call a particular witness does not necessarily establish a claim of ineffectiveness, that the defense’s expert testified appropriately, and trial counsel conducted effective questioning of both the People’s and his own expert witness. 

On appeal, the defendant is represented by Jonathan I. Edelstein, Esq. of New York City.  Assistant District Attorney Carly Wolfrom, Esq. handled the appeal for the District Attorney’s Office.