Press Release - Dunham Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     SEPTEMBER 18, 2014

The Appellate Division, Third Department has today unanimously affirmed the December 19, 2012 conviction of Shane Dunham, a/k/a Breezy, upon a plea of guilty convicting him of the crime of assault in the second degree, a class D violent felony.

Defendant’s arrest and conviction stems from an incident which occurred on the afternoon of April 17, 2012 on O’Neil Street in the City of Kingston.  On that date, the defendant approached a group of 10 people and fired two rounds of birdshot from a sawed-off shotgun.  Following the shooting, 10 people were transported to the hospital where they were treated for their injuries. 

Defendant subsequently pled guilty to assault in the second degree in satisfaction of a two count indictment and was sentenced by County Court Judge Donald A. Williams to a determinate State prison term of seven years with three years of postrelease supervision. 

On appeal, the defendant claimed that the sentence was illegal because the Court misspoke at the time of sentence and noted defendant had been convicted of attempted assault in the first degree, instead of assault in the second degree. The Appellate Division, Third Department rejected that argument, as well as his claim that the sentence was unduly harsh and excessive. 

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 - Ocasio-Rosario and McCaster Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     SEPTEMBER 12, 2014

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

People v Alan Ocasio-Rosario

Alan Ocasio-Rosario was convicted upon a plea of guilty in the Ulster County Court of the crime of criminal contempt in the first degree on August 3, 2012.

Ocasio-Rosario’s conviction stems from a domestic violence incident which occurred in January of 2011 after an order of protection had been issued for the victim against him.

Defendant, a second felony offender, pled guilty to criminal contempt in the first degree in full satisfaction of a four count indictment and was subsequently sentenced by Judge Thomas Breslin to an indeterminate term of imprisonment with a minimum of one and one-half years and a maximum of three years. 

On appeal, defendant claimed that the trial court failed to thoroughly apprise him of the various rights he was forfeiting by entering a guilty plea.  The Appellate Division, however, rejected defendant’s contention both on the ground that it was unpreserved for appellate review and the fact that County Court had clearly advised defendant of the trial rights he was foregoing by entering a plea. 

On appeal, the 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.

People v Jayson McCaster

Jayson McCaster was convicted on January 30, 2013 upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree for having knowingly and unlawfully possessed and sold a quantity of cocaine on December 9, 2011 to an undercover officer and confidential informant in the City of Kingston.

Defendant pled guilty to criminal sale of a controlled substance in the third degree in satisfaction of an eight count indictment and was sentenced by County Court Judge Donald A. Williams, as a prior felony offender, to a determinate term of five years followed by three years of postrelease supervision.

Defendant appealed his conviction arguing only that he was illegally sentenced as a second felony offender.  In affirming his conviction, the Appellate Division, Third Department noted that County Court had complied with its responsibility at sentencing to provide defendant with a copy of the prior felony information and an opportunity to admit or deny the fact that he had previously been convicted of a felony.

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 - Moors Letter from NYS Humane Assoc.

New York State Humane Association

                                                  PO Box 3068 Kingston, NY 12402 (845) 336‑4514 www.nyshumane.org

 

September 2, 2014

Hon. Holley Carnright

Ulster County DA
275 Wall St

Kingston, NY 12401

Dear Mr. Carnright:

The New York State Humane Association wants to take this opportunity to thank your office for its excellent prosecution of the David Moors, Felony Animal Cruelty case, that took place in County Court last week under Judge Williams.

Several members of our organization were in court for portions of the trial and the pronouncement of the verdict. They were impressed by the presentation of facts and examination of witnesses by ADAs Paul Derohannesian and Michael Kavanagh. ADA Kavanagh's cross‑examination of the defendant was on point and key to the ultimate guilty verdict.

As we are acquainted with the family, we furthermore know the background work that was put into gathering the pertinent facts to form the solid foundation of the case. These two ADAs were a formidable team; their work and talent resulted in justice for Clara, an innocent and loving animal who never deserved her tragic fate. You must be very proud of both attorneys.

We are comforted to know that we in Ulster County have a DA's Office that recognizes the importance and seriousness of crimes against animals and affords those cases the prosecution they deserve.

Patricia Valusek, Chairperson

Fostering a Humane Ethic and a Compassionate Attitude Toward Animals Since 1900

                                                Incorporated 1925

Press Release - Collin Lambert

FROM: HOLLEY CARNRIGHT

DATE: SEPTEMBER 9, 2014

RE:  PEOPLE V COLLIN LAMBERT

DOUBLE BANK ROBBER PLEADS GUILTY IN ULSTER COUNTY COURT

A 49 year old Hunter resident pleaded guilty in Ulster County Court on Tuesday, September 9, to two bank robberies in New Paltz and Saugerties in January and April of 2013. Collin Lambert entered his guilty pleas to two counts of Robbery in the Third Degree before Judge Donald Williams, admitting that he robbed Chase Bank on Plattekill Avenue in New Paltz on April 2^nd, 2013, and the Key Bank on Market Street in Saugerties on January 11, 2013. No weapon was displayed in either robbery, and no one was hurt. 

Mr. Lambert informed Judge Williams that he was pleading guilty voluntarily, knowing the sentence he faces. Mr. Lambert is expected to receive a sentence of 3 – 6 years for each robbery and to serve those sentences back-to-back for a total of 6 – 12 years in State Prison, with an order of restitution.

In a prepared statement, DA Carnright said that these robberies were solved simply by the dogged determination of the New Paltz and Saugerties Police agencies in looking at, and into, every avenue that could lead them to the robber. About a year after the robberies they succeeded and were able to identify the perpetrator with the help and cooperation of other law enforcement officers from Herkimer County. 

Lambert is expected to be sentenced on October 14 in Ulster County Court.