Pascarella trial

TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  April 8, 2016

RE:  PRESS RELEASE – PEOPLE V. NICHOLAS PASCARELLA, JR.

 

On April 8^th, 2016, after deliberating for four and one half days, an Ulster County Jury was unable to reach a verdict in the People v. Nicholas Pascarella, Jr. trial.  At approximately 2:35 p.m. on this date a mistrial was declared and the jury was discharged from their service. 

 

Nicholas Pascarella, Jr. was charged by indictment with Murder in the Second Degree for killing his father with a baseball bat on December 27^th, 2014, outside the victim’s residence.  During the trial, the defense argued that the defendant committed the homicide while under the influence of an extreme emotional disturbance, thereby committing the lesser crime of Manslaughter in the First Degree.

 

Over the course of their deliberations, it was clear that the jury put forth every effort to reach a verdict.  They worked diligently to reach a unanimous decision which was evidenced by the questions they asked during deliberations.  In our judgment, that they were unable to arrive at a universal accord is in no way a reflection of their efforts. 

 

The case was prosecuted by Chief Assistant District Attorney Michael Kavanagh and the defendant was represented by MariAnn Connolly.

Press release - William Keener

 

The Appellate Division, Third Department has today unanimously affirmed the April 16, 2014 conviction of William Keener upon a verdict convicting him of the crime of aggravated unlicensed operation of a motor vehicle in the first degree and the traffic infraction of driving while ability impaired. 

Defendant’s conviction arises from his arrest on November 6, 2012 when he was observed on State Route 212 in the Town of Saugerties operating his vehicle without tail lights.  Police attempted to pull over his vehicle, but defendant continued driving for an additional three and one-half miles until he was eventually boxed in by two patrol vehicles.  He was subsequently charged with driving while intoxicated, two counts, aggravated unlicensed operation of a motor vehicle in the first degree, reckless driving and unlawful fleeing a police officer in a motor vehicle in the third degree.  Following a jury trial in the Ulster County Court, defendant was found guilty of aggravated unlicensed operation of a motor vehicle in the first degree and the traffic infraction of driving while ability impaired.  He was subsequently sentenced by County Court Judge Donald A. Williams to an indeterminate term with a minimum one and one-third to four years in State prison.    

On appeal to the Appellate Division, Third Department, defendant challenged the legal sufficiency of the evidence supporting his conviction of aggravated unlicensed operation of a motor vehicle in the first degree, argued that his statement to police and the results of his chemical test should have been suppressed and that he was deprived of a fair trial as a result of the procedure the Court followed in handling a note from the jury.  The Appellate Division reviewed and found defendant’s claims to be lacking in merit. 

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.

 

AVOIDING MONEY TRANSFER SCAMS

AVOIDING MONEY TRANSFER SCAMS

 

Scammers use a number of schemes to get your money, and many involve money transfers through  legitimate 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 unsafe 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.

 

Press Release - Avoid Tax Frauds

TO: MEDIA

FROM: HOLLEY CARNRIGHT

DATE: MARCH 28, 2016

RE: PRESS RELEASE – SPRINGS FRAUDS

Scam artists here and abroad defraud millions of people each year. They use the phone, email, postal mail and the internet to trick you into sending money or giving out personal information.

The Ulster County District Attorney’s Division of Consumer Affairs offers these 10 tips to avoid a scam:

·       Know who you’re dealing with – a post office box or cell number is not a reliable identifier.

·       Know that wiring money is like sending cash – never wire money to those who insist on wire transfers for payment.

·       Read your monthly statements – if you see a charge you don’t recognize or didn’t okay, contact your card issuer immediately.

·       After a disaster, give only to established charities – in the aftermath of a disaster, give to an established charity, rather than one that has sprung up overnight.

·       Talk to your doctor before you buy health products or treatments – what evidence exists to support a product’s claims?

·       Remember there’s no sure thing in investing – beware of low-risk, high- return investment opportunities and pitches that insist you act immediately.

·       Don’t send money to someone you don’t know – if you buy items through an online auction, consider using a payment option that provides protection, like a credit card……and be wary of that online love interest who asks for money.

·       Don’t agree to deposit a check and wire money back – if a check turns out to be fake, you’re responsible for paying back the bank.

·       Don’t reply to messages asking for personal or financial information – scam emails should be forwarded to spam@uce.gov and then deleted.

·       Don’t play a foreign lottery – it’s illegal to play a foreign lottery and beware of having to pay “taxes,” “fees,” or “custom duties” to collect a prize.

The old clichés “if it sounds too good to be true....” and “there’s no such thing as a free lunch” are  more true today than ever.  If you are ‘elderly’, be wary.  Most of these scams are directed specifically to the elder, less computer savvy, generation. It’s always a good idea to double check with a friend, or family, or, you can always call us at the Ulster County Consumer Affairs Bureau, (845) 340-3260.  

Press Release - Tracy Setterlund Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     MARCH 17, 2016

The Appellate Division, Third Department, has today unanimously affirmed the June 22, 2016 conviction of Tracy Setterlund upon his plea of guilty convicting him of the crime of operating a motor vehicle while ability impaired by drugs, “DWAI,” a class E felony.

On May 26, 2013, the defendant was stopped by police on Chapel Hill Road in the Town of Lloyd for failing to keep right.  When he was stopped, police observed the indicia of intoxication and defendant subsequently failed five of the seven field sobriety tests which police administered.  A blood test later revealed that he had a combination of drugs, including Hydrocodone and Oxycodone in his system. 

In 2011, defendant, pursuant to a negotiated plea agreement, pled guilty to DWAI as charged in a superior court information, admitted his prior DWI conviction and waived his right to appeal.  He was subsequently sentenced by County Court (Williams, J.) to five years probation, his license was revoked and fines and fees were imposed.  However, in 2014, the defendant violated his probation and County Court revoked defendant’s probationary sentence and imposed a prison term of one to three years to be served under parole supervision at the Willard State Prison Program with a three year conditional discharge that required him to install an ignition interlock device. 

On appeal the defendant challenged the voluntary nature of his plea and the validity of his appeal waiver. The Appellate Division, Third Department, denied defendant’s appeal since it was not filed in a timely manner.

On appeal, the 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.

Press Release Nerville Thomas and Shawn McMillian

FROM:     HOLLEY CARNRIGHT

          ULSTER COUNTY DISTRICT ATTORNEY

DATE:     MARCH 11, 2016

SUBJECT: PRESS RELEASE – NERVILLE THOMAS AND SHAWN McMILLIAN

On March 8, 2016, Shawn McMillian was sentenced to 3 ½  to 7 years in state prison for his involvement in the theft of customer credit card information while employed as a sales associate at the Staples Store in Kingston. McMillian, whose criminal history includes a prior felony conviction, made over $26,000 in fraudulent charges to those credit card accounts.  He was also ordered to pay restitution. 

McMillian’s co-defendant, Nerville Thomas, entered a plea of guilty to Criminal Possession of Stolen Property in the Third Degree on December 10, 2015.  Thomas, who has no criminal history, made approximately $12,000 in fraudulent charges.  On March 10, 2016, Thomas was sentenced to 5 years probation and ordered to pay restitution. 

Both defendants used stolen credit card information to purchase American Express and Visa gift cards, which in turn, were used for personal purposes.  Their employment at the Staples store was terminated when the losses were discovered.

Press Release - Top Consumer Complaints of 2015

FROM: HOLLEY CARNRIGHT

DATE: MARCH 8, 2016

RE: PRESS RELEASE – TOP CONSUMER COMPLAINTS OF 2015

The Federal Trade Commission has released its annual list of consumer complaints, according to the Ulster County District Attorney’s Division of Consumer Affairs. The Top 5 Consumer Complaints, nationally, of 2015 are:

• 1. Debt collection
• 2. Identity theft
• 3. Imposter scams
• 4. Telephone and mobile services
• 5. Prizes, sweepstakes and lotteries

Here in Ulster County the Top 5 complaints filed locally by Ulster residents are:

• 1. Home improvement/construction
• 2. Professional services including billing, contracts
• 3. Retail sales & service (including warranties)
• 4. Mail fraud (fake checks, sweepstakes, lotteries)
• 5. Credit/Banking/Other finance/Identity theft

Consumer Affairs advises consumers to be vigilant and not make hasty decisions in the marketplace. Remember, if it sounds too good to be true, it probably is. For further information or to file a complaint, contact the Ulster County District Attorney’s Division of Consumer Affairs at 340-3260.