Press release - auto warranty solicitations

TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  July 26, 2018

RE:  PRESS RELEASE – AUTO WARRANTY SOLICITATIONS

AUTO WARRANTY SOLICITATIONS

The Ulster County District Attorney’s Division of Consumer Affairs is warning consumers to be wary of telemarketing calls and mailers which claim their auto warranty has or is about to expire. Consumer Affairs advises that the deceptive solicitations could persuade car owners to purchase an extended auto service contract of questionable value. Despite the impression given, these offers are not associated with the car manufacturer’s warranty. Consumers are advised to…

• Get a contract in which all terms and conditions are clearly explained before signing up or providing credit card or other payment information.
• Read your auto manufacturer’s warranty and contact your dealer or manufacturer to avoid purchasing duplicate coverage.
• Check out the company beforehand. What is its physical location and reputation?
•  

Consumer Affairs can be reached at 340-3260.

Press Release - Michael Bigler appeal

TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  July 26, 2018

RE:  PRESS RELEASE – PEOPLE V. MICHAEL BIGLER

On March 15, 2016, Michael Bigler, age 51, of Kingston, New York, pled guilty in Ulster County Court to the Class D felony of Driving While Intoxicated and was sentenced by County Court Judge Donald A. Williams to 2 1/3 to 7 years in state prison.  At that time, he also admitted violating probation and was sentenced on his admission to a concurrent term of 1 1/3 to 4 years in state prison.

The defendant has five known convictions for Driving While Intoxicated related offenses dating to when he was 17 years old.  When he was arrested for the most recent two DWI offenses, from 2014 and 2016, his blood alcohol content was .27, and .30 respectively.  The 2016 conviction from which the defendant appeals, was committed while he was on probation for DWI.  His license was revoked at the time of the offense and he was operating his vehicle in violation of an ignition interlock device order.  On the 2014 felony DWI for which he was placed on probation, defendant’s 16 year old daughter was a passenger in the car, the defendant had an accident and he left the scene of the accident. 

Before pleading guilty, the defendant was informed by Judge Williams that he would be sentenced to 2 1/3 to 7 in state prison.  The defendant, nonetheless, pled guilty and waived his right to appeal.  Despite having been advised what his sentence would be and waiving his right to appeal, the defendant applied for and received a court appointed attorney and appealed his sentence on the grounds that it was cruel and excessive.

The Appellate Division, Third Department affirmed defendant’s conviction and sentence without opinion. 

On appeal, the defendant was represented by Tracy Steeves.  Joan Gudesblatt Lamb represented  the District Attorney’s Office.

Press Release - Hailey McInerney Conviction

FROM: HOLLEY CARNRIGHT

DATE: JULY 23, 2018

RE: PRESS RELEASE

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  KINGSTON WOMAN CONVICTED BY ULSTER COUNTY JURY

Hailey McInerney, 26, an Ulster County resident, was found guilty of Driving While Intoxicated and Aggravated Driving While Intoxicated, both class E felonies, following a jury trial on Thursday July 19, 2018 in Ulster County Court before the Hon. Richard Mott.

The case against McInerney arose on May 27, 2017, when she was stopped in uptown Kingston. After failing all roadside sobriety tests, McInerney registered a blood alcohol content of .20%, more than twice the legal limit. McInerney had previously been convicted of Driving While Intoxicated in 2014.  

Sentencing is scheduled for September 2018.

The case was prosecuted by Ulster County Assistant District Attorney Timothy Lawson.  The defendant was represented by Daniel Gaffney, Esq.

 

Press Release - Francis Carey Appeal

PRESS RELEASE

TO:       ALL NEWS MEDIA

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JULY 19, 2018

The Appellate Division, Third Department has affirmed the January 20, 2017 conviction of Francis Carey upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defendant’s conviction stems from an incident which occurred in the early morning hours of February 23, 2016.  On that date, Kingston Police Officer DeFrance stopped a vehicle after running the vehicle’s license plate and discovering that the registration was suspended.  Upon learning that the driver did not have a valid license, the officer asked defendant, who was a passenger, for his identification.  When defendant provided it, DeFrance learned, following a computer check, that he was on parole.  Defendant later volunteered he was on parole for “sales.”  During that conversation, DeFrance also detected the distinct odor of alcohol, but defendant denied he had consumed any.  At that point, DeFrance conducted a pat frisk for his safety, believing that defendant had violated the alcohol and curfew conditions of his parole.  When the officer opened the defendant’s backpack, he found ammunition and later found a handgun on defendant’s person.

Following his plea of guilty to criminal possession of a weapon in the second degree, defendant was sentenced in the Ulster County Court (Williams, J.) to a determinate term of 10 years followed by five years of postrelease supervision. 

On appeal, defendant argued only that the pat frisk was unreasonable because the police did not have a reasonable suspicion that he was armed or posed a threat to the officer’s safety.  A majority of the Appellate Division, Third Department, however, disagreed and affirmed defendant’s conviction. 

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

Press Release - Avoiding Money Transfer Scams

TO: MEDIA

FROM: HOLLEY CARNRIGHT

DATE: JULY 12, 2018

RE: PRESS RELEASE – AVOIDING MONEY TRANSFER SCAMS

Scammers use a number of schemes to get your money, and many involve money transfers through companies like Western Union and MoneyGram. According to the Ulster County District Attorney’s Division of Consumer Affairs, money transfers may be useful when you want to send funds to someone you know, but they’re completely inappropriate when you’re dealing with a stranger.

Scammers will pressure people to use money transfers so they can get the money before their victims realize they’ve been cheated. Typically, there is no way you can reverse the transaction or trace the money. And, when you wire money to another country, the recipient can pick it up at multiple locations, making it nearly impossible to identify them or track them down. In some cases, the receiving agents of the money transfer company might be complicit in the fraud. Money transfers are virtually the same as sending cash – there are no protections for the sender.

Examples of scams involving money transfers are the counterfeit check scam (e.g., lotteries and sweepstakes, overpayment scams, mystery shopper scams), advance fee loans, family emergency scams and apartment rental scams.

Consumer Affairs can be reached at 340-3260.