Press Release - Social Host Law

Local Law Number 2 Of 2008
County Of Ulster
A Local Law To Prohibit Consumption Of Alcoholic Beverages
By Minors On Private Property (Underage Drinking Party Local
Law)

BE IT ENACTED, by the Legislature of the County of Ulster, as follows:

SECTION 1. LEGISLATIVE INTENT.
The purpose of this Local Law is to protect the public interest, welfare, health and safety within the County of Ulster by prohibiting the services to and consumption of alcoholic beverages and drugs by persons under the age of twenty- one (21) at private premises located in Ulster County. The Ulster County Legislature finds that the occurrence of social gatherings at private premises where alcoholic beverages or drugs are served to or consumed by persons under the age of twenty-one (21) is harmful to such persons themselves and a threat to public welfare, health and safety. The Ulster County Legislature finds further that persons under the age of twenty-one (21) often obtain alcoholic beverages or drugs at such gatherings and that persons who are in control of such premises know or have reason to know of such service and/or consumption and will be more likely to ensure that alcoholic beverages and drugs are neither served to nor consumed by persons under the age of twenty-one (21) at these gatherings.

SECTION 2. DEFINITIONS.
Whenever used in this Local Law, unless a different meaning is stated in a definition applicable to only a portion of this Local Law, the following terms will be defined and shall have meanings set forth below:

ALCOHOLIC BEVERAGE: Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person; except that confectionary containing alcohol as provided in Subsection 12 or 200 Agriculture and Markets Law shall not be considered alcoholic beverages within the meaning of this section.

 
CONTROL: The authority and ability to regulate, direct or dominate.

DRUG: Includes any substance listed in Section 3306 of the Public Health Law.

MINOR: Any person under the age of twenty-one (21).

OPEN HOUSE PARTY: A social gathering at a residence or other private property with minors present.

PERSON: A human being and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

PREMISES: Any home, apartment, condominium, co-operative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.

SECTION 3 PROHIBITION.
No person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.

SECTION 4. EXCEPTIONS.
The provisions of this section shall not apply to:
(a) The possession or consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to Section 65-c of the New York State Alcohol Beverage Control Law, or any other applicable law; or
(b) The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by any other applicable law.

SECTION 5. INCONSISTENCY WITH OTHER LAWS.
(a) If any part or provision of this section is inconsistent with any Federal or State statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.

 (b) If any part or provision of this Section or the application thereof to
any person or circumstance be adjudged invalid by a court of
competent jurisdiction, such judgment shall be confined in its
operation to the part or provision of or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
section, or the application thereof to other persons or circumstances.

SECTION 6. PENALTIES.
Failure to comply with Section 3 above shall constitute a violation, punishable by a fine which shall not exceed two hundred fifty dollars ($250.00), or imprisonment not exceeding fifteen (15) days or a combination of such fine and imprisonment as shall be fixed by the court.

SECTION 7. EFFECTIVE DATE.
This Local Law shall take effect immediately.

Adopted: February 19, 2008

Press Release - Proms/Graduations

FROM:  HOLLEY CARNRIGHT

       ULSTER COUNTY DISTRICT ATTORNEY

DATE:  APRIL 22, 2015

SUBJECT:  PRESS RELEASE-PROMS/GRADUATION

Holley Carnright, District Attorney of Ulster County, issued today the following public service announcement:

We are fast approaching that time of year when students in our county will be taking part in proms and graduations. Although it is justifiably a time of joy and celebration, it is equally one for caution and restraint.

Alcohol is by far the most widely used drug among our youth and is directly associated with risk-taking behavior and other disinhibiting effects that increase the chance of unsafe conduct on their part. Unfortunately, in recent years, our county, along with much of the rest of the nation, has experienced its tragic results.

Under certain circumstances, allowing property to be used in a manner where underage drinking is taking place may constitute a crime. Section 260.20 of the Penal Law of the State of New York authorizes the prosecution of any individual who gives or sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old. A violation of this section is a class A misdemeanor, punishable by up to one year in jail or a $1,000.00 fine, or both. There is a similar section in the Alcohol Beverage Control Law of the State of New York, also a misdemeanor.

In addition, on February 19, 2008, the County of Ulster passed “Local Law Number 2 of 2008,” which, in pertinent part, provides that “no person having control of any premises shall allow an open house party to take place at said residence if such person knows or has reason to know that any alcoholic beverage or drug is being unlawfully possessed, served to or consumed by a minor at said residence.” It defines “open house party” as “a social gathering at a residence or other private property with minors present.” A violation of this law is punishable by a fine not exceeding $250.00 or imprisonment not exceeding 15 days, or a combination thereof.  Furthermore, the Social Host Liability Act of the State of New York imposes civil liability upon any individual who knowingly serves or permits alcohol to be served to a minor if that minor causes injury to another as a result of his or her intoxication.

We are pleased that a number of school districts in Ulster County have taken measures to prevent drinking by students at school-related functions and to deter the consumption of alcoholic beverages by individuals less than 21 years old. The administration, faculty, and students of such districts are to be commended for their creative initiatives to discourage alcohol and drug use by students.

And so we ask that if you permit the use of your home for a prom, graduation, or other school-related event, you monitor the situation carefully to insure that all minors in attendance conduct themselves in a responsible and legal manner. In addition, I ask that if your child is contemplating using a limousine service to transport him or her to an event, you remind the owner/operator of such service of their responsibility in insuring compliance with the laws governing underage drinking.

As a result of the efforts of the Ulster County District Attorney’s Office, the Law Enforcement Agencies of our county, the Ulster County Underage Drinking Prevention Team, and the STOP DWI Task Force, the dangers presented by underage drinking have been identified and continue to be addressed. Any assistance you can render in that regard will be greatly appreciated by all of us, and more importantly, may save the life of one or more of our children.

Ulster County District Attorney:ulstercountyny.gov/da

Press Release - Troy A. Swartz

FROM: HOLLEY CARNRIGHT

DATE: APRIL 17, 2017

RE: PRESS RELEASE – TROY A. SWARTZ

ULSTER COUNTY JURY CONVICTS KINGSTON MAN FOR SEXUAL ABUSE AND STRANGULATION

Following a four day trial, an Ulster County Jury of six men and six women returned verdicts of guilty of Sexual Assault in the first degree and Strangulation in the second degree, and not guilty verdicts of Burglary (two counts) against Troy A. Swartz, age 45, formerly of 121 Clinton Avenue, Kingston, New York.  Following the verdicts Swartz was remanded to the Ulster County Jail by Judge Donald A. Williams pending sentencing on June 17, 2015.

The charges stemmed from an incident on January 8, 2014 at the victim’s apartment in midtown Kingston.  Swartz was accused of forcing his way into the apartment and sexually assaulting and strangling the victim.  Following the assault Swartz stole money and other personal items before leaving the victim’s apartment.  The victim immediately fled to a neighbor who called 911.

When questioned during the investigation, Swartz denied being in Kingston or nearby on the date and at the time of the crime. Subsequent analysis of DNA samples collected from the victim’s breasts and fingernails led to his arrest in April of 2014 and a four count indictment the following July. The victim was a 27 year old Kingston woman who had moved into a multiple dwelling house where the defendant used to live. She suffered some injuries from the attack and was taken by ambulance to Kingston Hospital where she underwent a sexual assault examination by a special nurse and was treated for her injuries. 

The defendant did not testify at trial. 

Both convictions are Class D felonies which carry a sentence of up to seven years in state prison.  The defendant has a lengthy criminal record which includes three previous convictions for Burglary, one of which involved a sexual assault eerily similar to the case at Bar, and has spent much of his adult life in prison. 

The defendant was represented by MariAnn Connolly of the Ulster County Public Defender’s Office. The case was prosecuted by Sr. Assistant District Attorney Emmanuel Nneji.

Press Release - Beware Fake Debt Collectors

FROM: HOLLEY CARNRIGHT

DATE: APRIL 17, 2015

RE: PRESS RELEASE – BEWARE FAKE DEBT COLLECTORS

If dealing with debt collectors isn’t bad enough, the Ulster County District Attorney’s Division of Consumer Affairs warns of scammers posing as debt collectors. If you owe several creditors, you might be unsure if an unknown caller is one of them.  What complicates matters is that some debts are turned over to law firms specializing in debt collections who employ professional debt collectors.  In other words, it is common that the people trying to collect the debt is not the corporation with whom you first became indebted.  But there are ways to protect yourself. Review your credit reports for inaccuracies. Know your current creditors and how much you owe. Beware of threats of arrests (debtors’ prison does not exist in the United States) and never give out personal financial information to an unknown caller. To receive a free copy of your credit report each year and to ensure there is no inaccurate information, contact www.annualcreditreport.com.  Consumer Affairs can be reached at 340-3260.  

Press Release - Jarrin Rankin Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     APRIL 10, 2015

The Appellate Division, Third Department has unanimously affirmed the August 24, 2012 conviction of Jarrin Rankin, a/k/a Phat Boy, upon a jury verdict convicting him of the crimes of criminal possession of a weapon in the second degree, two counts, a class C violent felony, and criminal possession of a weapon in the third degree, one count, a class D felony. 

These charges stem from an incident which occurred on Henry Street in the City of Kingston on November 21, 2009.  That morning, defendant and Curtis Williams, a/k/a Black, engaged in a shootout during which Williams suffered a gunshot wound to the face.  Charles King, Jr. and his half-brother, Lee Gray, spoke with both Williams and Rankin prior to the shoot out and witnessed same.  Twenty one year old C. J. King gave a statement to the police two days later and positively identified the defendant as the individual who possessed the handgun on the day in question and fired at Curtis Williams.  King later testified before an Ulster County Grand Jury in January, 2010 and three weeks later was shot and killed by defendant’s brother, Trevor Mattis. Mattis and three other members of the Sex, Money, Murder gang have been convicted of Murder and/or Conspiracy to Commit Murder.

Before his trial on the instant charges, defendant was convicted of Conspiracy in the second degree for his role in Kings’ murder and was sentenced in County Court, as a prior violent felony offender, to 12 ½ to 25 years in prison, which conviction was affirmed by the Appellate Division, Third Department in 2014. Following his conviction and sentencing on the Murder/Conspiracy charge Rankin was tried and convicted on these weapons charges and was sentenced by County Court Judge Donald A. Williams

to an aggregate term of 15 years with five years of postrelease supervision. 

On this appeal, defendant argued that County Court erred in allowing the People to introduce C. J. King’s Grand Jury testimony on its direct case and improperly denied his motion to suppress his oral statements to the police.   The Appellate Division, Third Department, however, rejected each of defendant’s claims.  Importantly, the Appellate Division found that since defendant, with the help of his henchmen had caused C. J. King’s death and thus prevented him from testifying at defendant’s trial, County Court properly allowed the People to read C. J. King’s Grand Jury testimony into the record at trial. 

On appeal, the defendant is represented by George P. Ferro, Esq. of Albany, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.