Press Release - Collin Lambert Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JUNE 1, 2017

The Appellate Division, Third Department has today unanimously affirmed the October 14, 2014 conviction of Collin Lambert upon his plea of guilty convicting him of two counts of the crime of robbery in the third degree. 

In September, 2014, the defendant waived indictment and pled guilty to two counts of robbery in the third degree as charged in a superior court information.  During the plea proceedings, defendant admitted that he committed two separate armed bank robberies, the Key Bank in the Village of Saugerties and the Chase Bank in the Village of New Paltz. As part of the negotiated plea agreement, defendant was required to waive his right to appeal.    

Pursuant to the terms of a plea agreement, defendant, a second felony offender, was sentenced to consecutive indeterminate terms of imprisonment of three to six years and ordered to pay restitution. 

On appeal, the defendant claimed that his waiver of appeal was invalid and that the consecutive sentences imposed by County Court were unduly harsh and severe.  The Appellate Division, Third Department, however, found that defendant’s waiver of appeal was knowing, voluntary and intelligent and given that his waiver was valid he was precluded from challenging his sentence. 

On appeal, the defendant is represented by G. Scott Walling, Esq. of Schenectady, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Karon Bowden Sentence

FROM: HOLLEY CARNRIGHT

DATE: MAY 24, 2017

RE: PRESS RELEASE - DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  SAUGERTIES SHOOTER SENTENCED TO 24 YEARS TO LIFE IN PRISON

Karon Bowden, 42, formerly of Brooklyn, was sentenced Wednesday, May 24, 2017 to 24 years to life in state prison for the May 31, 2016 murder of his girlfriend, Amy Louise Burger. She was 24 years old at the time of her death. The case was investigated by the Saugerties Police Department who were assisted in their investigation of this matter by members of the New York State Police, the Ulster County Sheriff’s Office, the Kingston Police Department and the Ulster County District Attorney’s Office. 

At sentencing the victim’s mother spoke of Amy’s success, calling her a “rising star”.  She also recounted the loss to her and all of Amy’s family and friends, many of whom were present in court.  Not only have her loved ones endured the pain of losing Amy, but have also lost the memories that we will never be made and dreams for the future that can longer include Amy. 

Special Victims Bureau Chief of the Ulster County District Attorney’s Office, Katherine R. Van Loan, reiterated that her office had requested the Court accept the defendant’s guilty plea understanding that he would not receive the maximum sentence because the victim’s family wanted to be spared the “trauma and public spectacle” that a trial would bring. Despite the fact the defendant lied in his pre-sentence report claiming that the shooting was accidental, Van Loan stated that the District Attorney’s Office was not asking that the defendant be permitted to withdraw his plea of guilty.  Rather, she asked the court to consider the defendant’s disrespect for the legal process in rending the proper sentence.

The defendant attempted to apologize to Amy’s Family and friends, stating that he didn’t mean to hurt Amy, but under questing by the court admitted that he put a gun to Amy’s head and pulled the trigger intending to cause her death.  The defendant declined the court’s offer to read out loud some of the things the defendant said about the murder to another inmate at the Ulster County Jail.  After being placed under oath and potentially facing perjury charges that could draw additional prison time consecutive to the murder sentence, the defendant conceded that the gun did not go off “while he was trying to disarm the victim” but instead that it was a “lie” he told to the Ulster County Probation Department during his interview for the Pre-Sentence Report.   

Ulster County District Attorney, Holley Carnright stated, “The investigation revealed that the victim was attempting to leave the defendant.  It is important for the public to understand how dangerous it can be for victims to break free from the cycle of domestic violence.  It is often inconceivable to loved ones and to the community how volatile relationships plagued by the power and control inherent in domestic violence can be.  As a community we need to be vigilant in looking for situations and be willing to step in when necessary and appropriate.” 

           

An Order of Protection was issued in favor of the victim's immediate family until May 24, 2072, should he ever be released.

The defendant was represented by Daniel Gaffney, Esq. of Kingston, New York.   

Press Release - Price and Akbar Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     MAY 18, 2017

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

People v Walter Price

In February, 2015, Walter Price was convicted upon his plea of guilty to the reduced charge of criminal sexual act in the second degree after his original 2007 plea was vacated by the Appellate Division, Third Department in 2014.  At his 2015 sentencing, County Court (Donald A. Williams, J.) denied defendant’s request for youthful offender treatment and sentenced him to a prison term of two to six years, which sentence defendant had already served.  Following sentencing, County Court held a SORA risk assessment hearing and designated defendant a Level II sex offender. 

On appeal, defendant challenged his SORA classification, as well as the Court’s denial of his request for youthful offender status.  In its decision, the Appellate Division concluded that defendant’s challenge to his SORA designation was not reviewable on appeal from his judgment of conviction and that County Court did not improvidently exercise its discretion in denying his request for youthful offender status. 

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

People v Fateen Akbar

In May, 2014, Fateen Akbar was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree stemming from his sale of heroin on three separate occasions.  At the time of the plea, defendant agreed to waive his right to appeal and County Court (Donald A. Williams, J.) agreed to impose a State prison term of seven years with three years of postrelease supervision.  At sentencing, however, the Court sentenced defendant, a second felony offender, to six years in State prison with three years of postrelease supervision. 

Despite his plea, and the consideration shown him by the court, the defendant filed a notice of appeal and was given a court appointed attorney. 

On appeal, appellate counsel, concluding that there were no non-frivolous issues which could be raised, filed an Anders brief and the reviewing court agreed that there were no non-frivolous issues which could be raised and affirmed defendant’s judgment of conviction and relieved counsel from further representing defendant, all of which caused the county taxpayers thousands of dollars. 

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

Press Release - Tyrone Watson Appeal

From:  D. Holley Carnright, District Attorney

Dated:  May 11, 2017

__________________________________________________________

The Appellate Division Third Department has today unanimously affirmed the September 4, 2013 conviction of Tyrone Watson upon a jury verdict convicting him of the crimes of Criminal Sale of a Controlled Substance in the Third Degree, five counts, Criminal Possession of a Controlled Substance in the Third Degree, six counts, and Criminally Using Drug Paraphernalia in the Second Degree, a Class A misdemeanor. 

In August 2012, during a narcotics investigation by the Kingston Police Department targeting defendant as a coke dealer, an undercover officer, working with a confidential informant, made five separate purchases of cocaine from the defendant.  Defendant was later arrested and during the execution of a search warrant, drug paraphernalia was discovered in his residence.  

Following his conviction, defendant was sentenced as a second felony offender by Ulster County Court Judge Donald A. Williams to an aggregate prison term of 18 years followed by three years of postrelease supervision.

On appeal, the defendant argued that the Court’s pretrial rulings were an improvident exercise of discretion and claimed that he was entitled to a dismissal of the indictment because the People failed to locate and produce the confidential informant at trial thus depriving him of a fair trial and the right to confront a material witness.  The defendant also maintained that County Court considered improper factors during sentencing and that in any event, his sentence was harsh and excessive.  The Appellate Division Third Department, however, considered and rejected each of defendant’s claims.

On appeal, defendant is represented by Thomas J. Melanson, Esq.  Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the District Attorney’s Office.

Press Release - Avoid Chimney Sweep Scams

FROM: HOLLEY CARNRIGHT

DATE: MAY 11, 2017

RE: PRESS RELEASE - AVOID CHIMNEY SWEEP SCAMS

The chimney service trade is not regulated, nor are chimney sweeps licensed in the State of New York. Scams involving chimney sweeping and repairs are rampant this time of year, according to the Ulster County District Attorney’s Division of Consumer Affairs, which offers these tips:

• Don’t hire a chimney sweep who shows up at your door – or calls -  unsolicited, without first checking references;
• Be certain the chimney sweep is local and not from another county (it is not unheard of for an unsolicited contractor to claim to be affiliated with a local company);
• Be suspicious if a chimney sweep offers you an extremely low price;
• For additional information, visit the Chimney Safety Institute of America’s website at www.csia.org.

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