Press Release - Tonya Valk Plea

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 10, 2015

RE: PRESS RELEASE – TONYA VALK

Tonya Valk, 45, from Saugerties, pled guilty on Thursday, December 10, 2015 in Ulster County, County Court to the class D felony of Grand Larceny in the third degree.  

Valk working as a bookkeeper in charge of financial matters including payroll – over a period from January 1, 2008 to May 11, 2013 - embezzled $227,904.00.  Valk’s criminal pattern included forging checks and padding her salary with unauthorized increases. She was able to hide her embezzlement for years by generating false banks statements which she submitted to the company’s partners.  During the course of her crimes half of the company’s 32 employees were laid off.

Valk is scheduled to be sentenced in Ulster County Court on February 18, 2016 by County Court Judge Donald Williams.  She is facing a maximum term in state prison of 2 1/3 to 7 years. The case is being prosecuted by Assistant District Attorney Jessica Mila Schutzman.  Valk is represented by Jeremiah Flaherty, Esq. of Kerhonkson. 

Press Release - Cook and Griffin Appeals

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     DECEMBER 10, 2015

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

People v Randy Cook 

The Appellate Division, Third Department affirmed the August 1, 2013 conviction of Randy Cook of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree. 

The defendant was arrested on December 29, 2012, following a tip received from a confidential informant that the defendant possessed a loaded handgun in a backpack in his vehicle on Clinton Avenue in the City of Kingston.  He was sentenced on August 1, 2013, as a prior felony offender, to a 10 year term of imprisonment to be followed by five years of postrelease supervision on his conviction of criminal possession of a weapon in the second degree and to a concurrent indeterminate term of three and one-half to seven years in State prison on his criminal possession of a weapon in the third degree conviction. 

On appeal to the Appellate Division, Third Department, the defendant argued that County Court failed to obtain jurisdiction over him, his plea was not knowing, voluntary or intelligent and, certain evidence, including his statements to police, should have been suppressed due to a warrantless search.  Those claims were, however, rejected by the reviewing court.

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

People v Brandon Griffin

The Appellate Division, Third Department affirmed the April 17, 2013 conviction of Brandon Griffin upon a plea of guilty to the crime of criminal possession of a controlled substance in the third degree.

The defendant was arrested after a controlled buy that occurred in the City of Kingston on September 11, 2012, during the course of which defendant was found to be in possession of 110 glassine envelopes of heroin.  The defendant was sentenced by County Court Judge Williams to a determinate term of nine years to be followed by three years of postrelease supervision.

On appeal to the Appellate Division, Third Department, the defendant argued that his waiver of his right to appeal was not knowing, intelligent and voluntary, that he was denied the effective assistance of counsel and that his sentence was too severe.  Those claims were, however, rejected by the reviewing court.

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 - Akhenaton Russell Conviction

FROM:  HOLLEY CARNRIGHT

DATE:  DECEMBER 9, 2015

RE:  PRESS RELEASE – PEOPLE V. AKHENATON RUSSELL

On December 9^th, 2015, after a trial in Ulster County Court, a jury of six men and six women returned a verdict finding Akhenaton Russell guilty of two counts of Criminal Sale of a Controlled Substance in the Third Degree.

Russell’s arrest was the result of a narcotics investigation by the City of Kingston Police Department’s Special Investigations Unit between April and May of 2014.  On two separate occasions during that investigation, Russell sold cocaine to an undercover police operative.

Russell has a long criminal history that includes two prior felony convictions, one for Sex Abuse in the First Degree and a second for Criminal Sale of a Controlled Substance in the Third Degree.

The case was prosecuted by Assistant District Attorney Matthew Grimes.  The defendant was represented by Beth Gibson and John Ventosa.  Russell is scheduled to be sentenced by the Hon. Donald A. Williams on February 11, 2016.

Sheriff VanBlarcum's Posting

I have been asked to comment on a posting on Ulster County Sheriff Paul VanBlarcum’s webpage.

First, let me say that I have complete confidence in Paul.  I find him to be thoughtful and direct and a bona fide asset to our community that he proudly serves.

I am at a loss to explain this unprecedented carnage which we are experiencing in this country and around the world.  I do not know what the answer is. Though I fully support our right to bear arms and to defend ourselves I am not convinced more guns in the hands of untrained or unskilled civilians is the answer and nor do I believe does the Sheriff. I discourage anyone from misreading the Sheriff’s comments. 

I think it is better to prevent than to respond.  Our best course is, if you see something, say something. Common among all of these atrocities is that they are not random nor unplanned.  In all of these situations we hear, after the fact, comments from family or associates who saw signs but did not take any action.

Perhaps more than ever our response as a community should be cautioned and thoughtful. Ulster County is blessed with an exceptionally trained and proficient law enforcement community.  I would discourage any action where untrained or unskilled citizens create an opportunity for unintended tragedy which could pose risk not only to innocent citizens but to our own law enforcement personnel.

Press Release - Albert May Conviction

FROM:   HOLLEY CARNRIGHT

        ULSTER COUNTY DISTRICT ATTORNEY

DATE:   DECEMBER 3, 2015

SUBJECT: PRESS RELEASE – ALBERT MAY CONVICTION

On Wednesday December 2, 2015, Albert May, age 30, of Ellenville, NY, was found guilty by an Ulster County jury of the felonies of Driving While Intoxicated and Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree. 

The case stemmed from May’s arrest by members of the New York State Police in Ellenville on October 4, 2014 at 4:28 am.

The evidence at trial established that the defendant operated a motor vehicle on State Route 44/55 and failed to dim his headlights to an oncoming New York State police vehicle. Upon observing this infraction, the state police turned and followed May’s vehicle and noticed the vehicle swerve over the double yellow line. Upon speaking with the defendant he admitted to consuming 3 glasses of rum.  He subsequently failed all field sobriety tests. The defendant’s breath test showed a blood alcohol content of .17, more than twice the legal limit.

At trial the defendant took the stand in his own defense and testified to the jury that he went out to the village of New Paltz with two friends to go “bar hopping”. He denied telling the officers that he drank three glasses of rum, but admitted to consuming two Long Island iced teas (a drink that contains vodka, tequila, rum and triple sec) and admitted to the jury he was driving without a license, although he claimed he was not intoxicated. By taking the stand, the jury was able to hear about his lengthy criminal history which includes domestic violence convictions for Criminal Contempt in the First Degree and Assault in the Third Degree, among others. Defendant also has a prior conviction for DWI from 2007 which was not disclosed to the jury.

Sentencing is scheduled on February 9, 2016 in front of Judge Donald Williams. He faces a sentence of up to one and one-third to four years in prison. In addition, the defendant faces a second pending indictment also for Felony Driving While Intoxicated.

The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Russell Schindler.