Press Release - Stephen Brooks Conviction

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 13, 2014

RE:  PEOPLE V STEPHEN BROOKS

Stephen Brooks, aka Lay Low, 41, Bronx, NY was convicted by an Ulster County Jury on August 8, 2014 of two counts of Criminal Sale of a Controlled Substance in the third degree and two counts of Criminal Possession of a Controlled Substance in the third degree after a trial before Hon. Donald A. Williams.

The case stemmed from the Kingston Police Department’s Special Investigations Unit conducting an undercover narcotics investigation in November of 2013 into the sale of crack cocaine by the defendant.

The evidences presented to the jury at trial included a video recording of the defendant in a hotel room apparently handing a packet of crack to a confidential informant who then delivered same to the undercover officers.  Fifty dollars in pre-recorded buy-money was recovered on the defendant’s person upon his arrest.

The defendant has an extensive criminal history including numerous drug sales, assault and a felony weapons possession charge. Sentencing before Judge Williams is scheduled for September 11^th where, due to the defendant’s criminal history, he faces up to fifteen years on each count.

The case was prosecuted by Assistant District Attorneys Elizabeth A. Culmone and Matthew Grimes. Brooks was represented by the Public Defender’s Office.

Press Release - Densmore Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     AUGUST 8, 2014

In a case highlighting the dangers of social media vis a vis internet sexual predators the Appellate Division, Third Department has unanimously affirmed the judgment of conviction in the case of People v Brian E. Densmore.

On December 18, 2012, Brian E. Densmore, age 27, was convicted upon a plea of guilty of four counts of rape in the second degree as a result of having engaged in sexual intercourse with four girls, all less than 15 years of age on separate occasions, each in the City of Kingston.  During the summer of 2011, the defendant, having recently been released from State prison, began befriending teenage girls on Facebook. These internet contacts led to in person meetings which in turn led to defendant having unprotected sexual intercourse with these young victims.

Defendant, a second felony offender, pled guilty to four counts of rape in the second degree and was subsequently sentenced by County Court Judge Donald A. Williams to an aggregate prison term of 17 years following by 15 years of postrelease supervision. 

On appeal, in addition to arguing that he was improperly adjudicated a second felony offender, the defendant maintained that County Court abused its discretion by imposing two consecutive determinate terms of seven years followed by 15 years of postrelease supervision, a consecutive determinate term of three years with three years of postrelease supervision and  a concurrent term of three years plus three years of postrelease supervision.  These claims, however, were flatly rejected by the Appellate Division, Third Department. 

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 - Abner Ortolaza Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     AUGUST 7, 2014

The Appellate Division, Third Department has today unanimously affirmed a judgment of conviction in the following case:

People v Abner Ortolaza

Abner Ortolaza was convicted on July 11, 2012 upon a plea of guilty of the crime of burglary in the third degree as a result of having broken into the Spring Glen Post Office in the Town of Wawarsing and stealing mail, packages and other United States Postal Service property.

Defendant waived indictment and pled guilty to a superior court information charging him with burglary in the third degree.  Defendant was sentenced to an indeterminate term of imprisonment of two to six years in prison and ordered to pay restitution in the amount of $976. 

         

On appeal defendant challenged the amount of restitution ordered by County Court claiming that there was no support in the record for the amount he was ordered to pay.  He also claimed that he should not have been required to pay the mandatory surcharge or crime victim assistance fee.  The Appellate Division, Third Department, however, properly concluded that defendant’s argument regarding restitution was not preserved for appellate review because he did not request a restitution hearing or otherwise object to the amount of restitution awarded at the time of sentence and that his other claim was equally without merit.

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 - IRS Phone Scam

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 6, 2014

RE:  TAXPAYERS TARGETED BY IRS PHONE SCAM

If you get a call from someone from the IRS demanding that you pay up or else, hang up. According to the Ulster County District Attorney’s Division of Consumer Affairs, these individuals are out to cheat you.

This phone scam has hit taxpayers in nearly every state in the country. Callers claiming to be from the IRS tell intended victims they owe taxes and must pay using a pre-paid debit card or wire transfer. They often threaten those who refuse to pay with arrest, deportation or loss of a business or driver’s license.

The truth is the IRS first contacts people by mail – not by phone – about unpaid taxes. And the agency won’t ask for payment using a pre-paid debit card or wire transfer, and it won’t ask for a credit card number over the phone.

If you get such a call, Consumer Affairs offers these suggestions:

·        If you owe Federal taxes, or think you might owe taxes, hang up and call the IRS at 800-829-1040. IRS workers can help you with payment questions.

·        If you don’t owe taxes, call and report the incident to TIGTA (Treasury Inspector General for Tax Administration) at 800-366-4484.

·        You can file a complaint with Consumer Affairs at 340-3260.

TIGTA and the IRS encourage taxpayers to be alert for phone and e-mail scams that use the IRS name. The IRS will never request personal or financial information by e-mail, texting or any social media. These scam e-mails should be forwarded to phishing@irs.gov. Don’t open any attachments or click on any links in those e-mails.

                                                                                          

Press Release - Kevin Quick

FROM: HOLLEY CARNRIGHT

DATE: AUGUST 6, 2014

RE: DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  KHS VOLUNTEER CREW COACH PLEADS GUILTY TO STATUTORY RAPE OF TWO STUDENTS AND CRIMINAL SEXUAL ACT

Kevin Quick, 23, of 39 Jockey Hill Road in the Town of Kingston pled guilty Wednesday, August 6, 2014, in Ulster County Court to three counts of Rape in the Third Degree and one count of Criminal Sexual Act in the Third Degree, all felonies. The plea was taken by Supreme Court Judge Richard Mott.

Quick admitted that on or about May 4, 2013, he engaged in sexual intercourse with a person who was fifteen years old.  He also admitted that during the month of April, 2013, he engaged in sexual intercourse with a second victim, who was sixteen years old.  In addition, Quick admitted to engaging in both sexual intercourse and oral sexual conduct with the sixteen year old victim on a separate occasion between April 7, 2013 and May 3, 2013.  

The defendant was indicted by an Ulster County Grand Jury on April 1, 2014 following an investigation by the Ulster County Sheriff’s Office which was initiated by the Kingston High School Resource Officer.  The investigation was triggered when authorities learned that Quick, a Kingston High School volunteer Crew Coach attended a party at a private residence in the Town of Esopus where a number of underage Kingston High School students were drinking. Quick admitted that the sexual conduct with the fifteen year old occurred at that party. The investigation revealed that Quick was known to both victims through his position as volunteer coach.

“The idea that a coach with whom we entrust our young athletes would engage in sexual conduct with young students is repugnant. This defendant violated the trust placed in him, not only by the student victims, but by their parents, the school and this community.” 

Sentencing is scheduled for August 13, 2014.  The case is being prosecuted by Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by David Gove Esq. of the Greenwald Law Office in Chester, New York.