Press Release - NYS Vehicle Inspection Fees

FROM: HOLLEY CARNRIGHT

DATE: JUNE 27, 2019

RE: PRESS RELEASE - NEW YORK STATE VEHICLE INSPECTION FEES

The Ulster County District Attorney’s Division of Consumer Affairs advises the yearly New York State safety inspection fee is $10.00 (for vehicles with a maximum gross weight under 10,001 pounds). The yearly emissions inspection fee depends on where you live. If you are a resident of the New York Metropolitan Area (the 5 boroughs of New York City, Nassau, Suffolk, Westchester and Rockland Counties), the fee for emissions inspection is $27.00 If you are a resident of one of the other 53 counties, the fee for the emissions inspections $11.00. There is no sales tax on inspection fees. For additional information, call Consumer Affairs at 340-3260 or visit the website, www.nysdmv.com.

Press Release - Ellenville pleas

FROM: HOLLEY CARNRIGHT

DATE: JUNE 27, 2019

RE: PRESS RELEASE - Four Ellenville Residents Plead Guilty to Criminal Use of a Public Benefit Card for using SNAP benefits to Buy Drugs

Ellenville residents, Melinda Baker, age 51, Melissa Quick, age 39, Paula Sciancalepore, age 53, and Robin Shaver, age 58 have each plead guilty to Criminal Use of a Public Benefit Card in the Second Degree, a Class A Misdemeanor. 

These defendants were arrested as part of a Federal/State/Local joint task force investigation into a heroin distribution ring which operated in Ellenville. During the course of the investigation law enforcement learned that these individuals were cheating the food stamp system by selling their Electronic Benefit Transfer (EBT) cards, issued through the Supplemental Nutrition Assistance Program (SNAP), for roughly 50 cents on the dollar and using the cash to purchase heroin. 

The case was prosecuted by Assistant District Attorney Luba Reznikova.

Press Release - Michael Watzka conviction

FROM: HOLLEY CARNRIGHT

DATE: JUNE 21, 2019

RE: PRESS RELEASE – PEOPLE V MICHAEL WATZKA

Yesterday an Ulster County jury found defendant, Michael Watzka Jr., guilty of Arson in the third degree, Criminal Mischief in the third degree and Arson in the fifth degree.  The trial commenced on Monday, June 17^th, and proof concluded on June 20^th.  The jury deliberated for less than two hours.  The trial was presided over by the Hon. Donald Williams.

The events occurred on February 22^nd, 2018, at about 11:30 PM, when firefighters and police responded to a fully involved fire of an abandoned garage located at 114 John Street in the neighborhood of East Kingston.  The building was destroyed.  Just two days later on February 24^th an abandoned church located at 61 Brigham Street, less than a block from the first fire, was ablaze.  Again, this occurred around 11:30 PM.  The fire was so intense that firefighters had to do a “surround and drown”, pumping thousands of gallons of water into the structure.  The flames could be seen for miles.  At the height of the fire, the two story building’s walls collapsed outward nearly crushing several firefighters.

The fires were deemed suspicious as there was no electricity connected to either building, the proximity of the two structures, and that the fires occurred only two days apart.

The Town of Ulster Police began a four month intensive investigation that led to the arrest of Michael Watzka, a volunteer firefighter for the East Kingston Fire Department.  Watzka was the first responder to each fire and participated in fighting both fires.

Defendant had made several statements to his then girlfriend indicating that he wanted to burn the two buildings.  Defendant and his girlfriend, who lived next to the location of the first fire, were having problems in their relationship.  Defendant resided a few blocks away at 834 Main Street, East Kingston.  The defendant made comments to his friends that he “wanted to burn those two buildings” so he would have a “clear line of sight” from his home to his girlfriend's home.  Defendant also told friends that if you want to disguise your footprints, wrap duct tape around your shoes.

The Ulster County Arson Task Force located a beer bottle near the area of the first fire that had defendant’s DNA. Also found at the first fire were a set of footprints that had duct tape impressions. A video at the East Kingston Fire depicted defendant reaching deep into a trash can, appearing to hide something.  The Town of Ulster Police located crumpled duct tape in that trash can. Forensic analysis of that duct tape revealed a Chevron footprint pattern.

Defendant is 30 years old. He faces a maximum state prison sentence of fifteen years in state prison.  Defendant will be sentenced on September 6, 2019 in the Ulster County Court.

This case was prosecuted by Sr. Assistant District Attorney Clifford Owens and Assistant District Attorney Jarrid Blades.  The defendant was represented by Russell Schindler of the Public Defender’s Office.

Press Release - Junk Faxes

FROM: HOLLEY CARNRIGHT

DATE: JUNE 20, 2019

RE: PRESS RELEASE – JUNK FAXES

Unsolicited advertisements sent to your fax machine are sometimes called “junk faxes.” In most cases, FCC (Federal Communications Commission) rules under the Telephone Consumer Protection Act and Junk Fax Prevention Act (www.fcc.gov/consumers/guides/faqs-about-junk-faxes) prohibit sending junk faxes.

According to the Ulster County District Attorney’s Division of Consumer Affairs, if the fax you receive includes a notice about opting out of future faxes, follow those instructions. The opt-out information must include a cost-free way to submit opt-out request to the sender, such as a toll-free number, local phone number, web site address, or email address. These opt-out contact options must be available 24 hours a day, seven days a week.

When you send an opt-out request, be sure to identify the telephone number of your fax machine.

Senders must honor opt-out requests within the shortest reasonable time, not to exceed 30 days.

Putting an opt-out notice on a fax ad does not, by itself, make the fax lawful if the sender doesn’t also satisfy the requirements described above.

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

Press Release - Smith/May/Nugent appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JUNE 20, 2019

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

People v Frederick Smith, a/k/a Freddy P.

Frederick Smith was convicted in the Ulster County Court (Williams, J.) of the crime of criminal possession of a weapon in the second degree following a jury trial and was sentenced on March 4, 2016, as a second violent felony offender, to a prison term of 15 years to be followed by five years of postrelease supervision.

Defendant’s conviction stems from a shootout which occurred in a nightclub parking lot in the Town of Lloyd during the early morning hours of January 25, 2014.  When police responded, they were informed that the individuals involved had fled the scene in a red vehicle.  After a brief chase, the vehicle was stopped and defendant was observed tossing a handgun out of a rear window. 

Among the arguments defendant raised on appeal were that the verdict was not supported by legally sufficient evidence and was against the weight of the evidence and that the Court’s Molineux ruling deprived him of a fair trial.  Defendant also maintained that he was denied his constitutional and statutory right to a fair trial following the trial court’s substitution of an alternate juror after jury deliberations had commenced and denied his right to be present during in camera questioning of the sworn juror who was replaced.  However, the appellate court rejected each of defendant’s claims.

On appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York.  Assistant District Attorney Paul Derohannesian, Esq. handled the appeal for the District Attorney’s Office.

People v Alfred May

Alfred May was convicted of two counts of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree following a jury trial. He was later sentenced by County Court Judge Donald A. Williams on February 9, 2016 to concurrent State prison terms of one to three years on each of his convictions.

On appeal to the Appellate Division, Third Department, defendant argued that the trial court abused its discretion by denying his Batson challenge made during jury selection to the only African American on the jury panel during the first round of jury selection.  The Appellate Division, Third Department, however, determined that County Court had acted properly given that the prosecution was able to provide a race-neutral explanation for his challenge to that juror.    

On appeal, defendant is represented by Henry C. Meier, III, Esq. of Delmar, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

People v Mark Nugent

Defendant was convicted in the Ulster County Court (Williams, J.) on April 7, 2015 of the crime of criminal possession of a controlled substance in the third degree following the entry of his guilty plea.

In 2014, a drug task force obtained information that defendant, a probationer being supervised by Orange County Probation, was actually residing and selling drugs in Ulster County.  During a home visit conducted by Ulster County Probation and other task force members, a gun and a quantity of drugs was recovered.

Following his arrest, defendant pled guilty to criminal possession of a controlled substance in the third degree in full satisfaction of the indictment and waived his right to appeal.  While County Court agreed to impose a six year State prison term to be followed by two years of postrelease supervision, defendant was warned that the Court could impose a sentence of up to nine years if he was charged with any new offenses before sentencing.  When defendant was subsequently arrested and charged with a new offense, while sentencing was pending, County Court found, following a hearing, that he had violated the sentencing warnings and imposed an eight year State prison term with two years of postrelease supervision.

On appeal, the defendant maintained that the gun and the drugs recovered during the search should have been suppressed.  However, as the Third Department concluded, by pleading guilty after the suppression hearing but before the decision was rendered, defendant forfeited his right to appellate review of all claims related to that motion. 

On appeal, defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.