Press Release - Terrance Toback and Jason Campo Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     FEBRUARY 12, 2015

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

People v Terrance Toback

Terrance Toback was convicted in June, 2013 in the Ulster County Court (Williams, J.) upon his plea of guilty to the crime of criminal sexual act in the first degree.  Toback, who was 22 years old at the time of the commission of this crime, pled guilty to this class B violent felony offense in satisfaction of a five count indictment stemming from his sexual contact on two separate occasions with a girl under the age of 13.  As part of the plea he waived his right to appeal. 

Defendant was sentenced by County Court to five years in State prison to be followed by 15 years of postrelease supervision. 

On appeal, defendant argued that his waiver of appeal and guilty plea were not knowingly, voluntary and intelligent.  Defendant also claimed that he was denied meaningful representation.  Upon review of defendant’s arguments, the Appellate Division, Third Department rejected both of his claims.

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

People v Jason Campo

Jason Campo was convicted in the Ulster County Court (Williams, J.) in June, 2013 upon his plea of guilty to the crime of burglary in the second degree, a class C violent felony. 

Defendant’s conviction stems from an incident which occurred sometime between May 13^th and May 19, 2012 when, acting in concert with co-defendant Wiley Faison, they forced open a sliding glass door at a residence in Tillson, New York and gained entry while the homeowners were away on vacation.  When the homeowners returned, they discovered that their home had been burglarized and that thousands of dollars of jewelry, some of which were irreplaceable family heirlooms, had been taken. 

The defendant, a second felony offender, was sentenced by County Court Judge Donald A. Williams to a seven year State prison sentence to be followed by five years of postrelease supervision.  County Court also ordered defendant to pay restitution to the victims in the amount of $134,000. 

On appeal defendant challenged his waiver of appeal on the ground that it was not knowingly, voluntarily and intelligently entered, and argued that the sentence imposed by County Court was harsh and excessive, as was the restitution award.  The Appellate Division, Third Department, however, rejected each of these claims and affirmed defendant’s conviction. 

On appeal, defendant is represented by David E. Woodin, Esq. of Catskill, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Edward T. Evans

FROM:     HOLLEY CARNRIGHT

          ULSTER COUNTY DISTRICT ATTORNEY

DATE:     FEBRUARY 11, 2015

SUBJECT: PRESS RELEASE – EDWARD T. EVANS

Following jury selection and opening statements by the prosecution and defense, Edward T. Evans, age 37, entered a plea of guilty to indictment 37-13 accusing him of one count of Assault in the 2nd Degree and one count of Criminal Possession of a Weapon in the 3rd Degree.  

Evans admitted that on December 22, 2012 in the City of Kingston, he slashed a fifteen year-old victim with a knife.  The victim was treated at Kingston Hospital for injuries to his left wrist, from which he sustained severe tendon and nerve damage.  Evans, who has an extensive criminal history dating back to 1997, including six misdemeanor convictions and three drug-related felony convictions, offered no motive for the attack. There were several witnesses to the crime, including three children, who indicated that Evans was angry and felt that the victim had been disrespectful.

The trial was presided over by Acting County Court Judge Anthony McGinty.  The case was prosecuted by Assistant District Attorney Kathleen Klein.  The defendant was represented by Eric Schneider.  Sentencing has been adjourned to April 15, 2015 at 9:00 a.m.  Each of the charges Evans admitted are Class D felonies which carry up to seven years in state prison.

Press Release - Matthew Miller conviction

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 10, 2015

RE:  PRESS RELEASE – MATTHEW MILLER

ULSTER COUNTY JURY CONVICTS KERHONKSON MAN FOR EXECUTING DOG

On February 6, 2015 an Ulster County trial jury convicted 31 year old Matthew Miller of Baker Road in Kerhonkson of Aggravated Cruelty to Animals for killing a 9 year old dog.  In March of 2014 members of the Ulster County SPCA went to Miller’s residence to investigate reports that dogs had been shot at the residence.  The SPCA investigators observed blood and recently turned earth in the snow covered premises.  When questioned Miller told the investigators that he had shot a stray dog that had wandered onto his property and was badly injured in a fight with another dog, claiming he shot the stray dog to put it out of its misery. However, when the investigators exhumed the dog they found that it had not been injured nor suffered any type of distress. A necropsy showed that the dog had been shot at least once through the ear canal. During the investigation the officers learned that the dog was, in fact, not a stray but a pet, Ivan, who had been temporarily entrusted to Miller’s care from his longtime friend Lauren Kosonen.

Ivan had been rescued at the age of about 6 months after he was found tied up and left in the snow without water or food at an abandoned premises.  A teenager committed to rescuing abandoned and distressed animals, Lauren Kosonen, heard about the plight of the 6 month old puppy and set out to rescue, adopt and care for him.  Miller knew what Ivan meant to Lauren, having seen her relationship and interaction with the dog and other animals over many years.

During the trial, after the prosecution rested its case, the defense called Brian Padusnak, a friend of both Miller and Ms. Kosonen, who admitted that the dog was not a stray, and identified the dog as Ivan, but told the jury that Ivan had been attacked by a stray dog and was badly injured.  Through cross examination Assistant District Attorney Nneji was able to point out a number of inconsistencies with that story which, also, was belied by the medical testimony of the veterinarian.  Miller did  not take the stand.

At the conclusion of the 3 day trial the jury deliberated for about 2 hours and returned a verdict of guilty on the sole count of the indictment which charged Miller with Aggravated Cruelty to Animals, a felony, which carries a maximum of 2 years incarceration under NYS Agriculture and Markets Law.

The case was prosecuted by Sr. Assistant District Attorney Emmanuel Nneji.  Miller was represented by attorney Russell Schindler. The defendant is scheduled to be sentenced at 9:00 AM April 3, 2015 by Judge Donald A. Williams, Ulster County Court judge.

Press Release - Taxpayers Targeted by IRS Phone Scam

FROM: HOLLEY CARNRIGHT

DATE: NOVEMBER 17, 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 (340-3260) 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.

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 - Price Gouging in NYS

FROM: HOLLEY CARNRIGHT

DATE: FEBRUARY 3, 2015

RE: PRESS RELEASE – PRICE GOUGING IN NEW YORK STATE

New York State’s Price Gouging Law prohibits merchants from taking unfair advantage of consumers by selling goods or services for an “unconscionably excessive price” during an ”abnormal disruption of the market”, according to the Ulster County District Attorney’s Division of Consumer Affairs. The price gouging law covers New York State vendors, retailers and suppliers, including but not limited to supermarkets, gas stations, hardware stores, bodegas, delis, and taxi and livery cab drivers.

New York’s price gouging law takes effect only upon occurrence of triggering events that cause an “abnormal disruption of the market”. This is defined as “any change in the market, whether actual or imminently threatened,” that results from triggering events such as “weather events, power failures, strikes, civil disorder, war, military action, national or local emergency, or other causes.” A good example was Hurricane Sandy. During that disruption of the market all parties within the chain of distribution for any essential consumer goods or services would be prohibited from charging unconscionably excessive prices.

“Consumer goods” are defined by the statute as “those used, bought or rendered primarily for personal, family or household purposes.” That includes gasoline, which is vital to the health, safety and welfare of consumers and is considered a “consumer good” under the terms of the statute.

For further information, visit www.ag.ny.gov/price-gouging. Consumer Affairs can be reached at 340-3260.