Press Release - Arnayis Franlin Appeal

PRESS RELEASE

FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY

DATE:     JANUARY 12, 2017

The Appellate Division, Third Department has today unanimously affirmed the August, 2011 conviction of Arnayis Franklin, a/k/a Artie, a/k/a Arnie upon his plea of guilty convicting him of the crime of criminal possession of a controlled substance in the third degree as a result of his possession of two ounces of cocaine. 

In June, 2011, the defendant pled guilty to criminal possession of a controlled substance in the third degree in exchange for a State prison term of seven years to be followed by two years of postrelease supervision. 

On appeal, defendant argued that the underlying indictment was jurisdictionally defective, that he was denied the effective assistance of counsel, that County Court erred in granting his request to represent himself at sentencing and that his already completed sentence should be vacated due to the People’s failure to file a prior felony statement. These claims were determined baseless and rejected by the Appellate Division, Third Department. 

On appeal, the defendant is represented by Aaron A. Louridas, Esq. of Delmar, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

Press Release - Ulster County Consumer Affairs

FROM: HOLLEY CARNRIGHT

DATE: JANUARY 5, 2017

RE: PRESS RELEASE – ULSTER COUNTY CONSUMER AFFAIRS

In 2016 the Ulster County District Attorney’s Division of Consumer Affairs fielded 1936 consumer related complaints, business performance inquiries, case follow-ups and general questions.  These inquiries led to us processing 165 formal complaints. We recovered $815,883.18 in the form of refunds, reimbursements, contracts completed and judgments ordered.

Ulster County Consumer Affairs can be reached at 340-3260.  Our complaint form is also available online at www.ulstercountyny.gov/consumer-affairs-complaints.

Press Release - Christopher D. Hasenflue Plea

FROM:     HOLLEY CARNRIGHT

          ULSTER COUNTY DISTRICT ATTORNEY

DATE:     DECEMBER 27, 2016

SUBJECT: PRESS RELEASE – CHRISTOPHER D. HASENFLUE

On December 21, 2016, CHRISTOPHER D. HASENFLUE, age 38, a resident of 53 Clinton Avenue in Kingston, entered a plea of guilty before Judge Donald A. Williams to one count of Robbery in the First Degree, a Class B Violent Felony.  The plea stemmed from an incident which took place in the City of Kingston on the evening of August 9, 2016.  On that night, Hasenflue stole purses from an outdoor table where two women were dining at a Wall Street restaurant. After grabbing the purses, Hasenflue ran up Wall Street, where he was tackled by a Good Samaritan.  As a result of the interference, Hasenflue dropped the purses.  He then pulled out a knife and chased one of the victims.  Minutes later, Hasenflue confronted a third victim on John Street and robbed her of her purse at knife point.  He then fled up Fair Street, where he was chased by additional witnesses.  With the assistance of involved citizens, members of the Kingston Police Department were able to apprehend Hasenflue only fifteen minutes later.  Hasenflue, who has an extensive criminal history, was indicted by an Ulster County Grand Jury in September.  He remains in the Ulster County Jail without bail. Sentencing is scheduled for February 24, 2017.

Press Release - Holiday Message

FROM: ULSTER COUNTY DA HOLLEY CARNRIGHT

DATE: DECEMBER 22, 2016

RE: HOLIDAY MESSAGE

Greetings:

Our office sends a message of hope and peace to all our friends.  Take a moment to join me in wishing all the men and women who protect us, here and abroad, a holiday filled with grace and good will.  This time of magic and wonder offers us a moment to reflect on our blessings.  Stay safe out there.

Press release - Pascarella sentence

TO:  MEDIA

FROM:  HOLLEY CARNRIGHT

DATE:  December 16, 2016

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

On December 16, 2016, after having previously been found guilty by an Ulster County jury of Murder in the Second Degree, Nicholas Pascarella, Jr. was sentenced to 25 years to life in state prison by the Hon. Donald A. Williams.

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 while his mother watched the brutal attack.  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, which defense the jury rejected.

During a very emotional sentencing hearing several family members addressed the court on behalf of the victim, Nicholas Pascarella, Sr.  Judith Pascarella, the wife of the victim and mother of the defendant told Judge Williams that “my son did the ultimate betrayal.  He cold bloodedly and without hesitation killed his father, his hero as you heard him describe here in court”. 

Jared Cocozza, the grandson of the victim and nephew of the defendant told Judge Williams, “There won’t be him smiling in the audience at my graduation or even to bust my chops on my first date. My brother only got six years with him but I will make sure he knows everything that pop taught me cause he taught me about life, love and family.  And no one, not even a murderer can take that away.”

Dawn Cocozza, daughter of the victim and sister of the defendant addressed her brother in court and told him, “And for my children, I will not let you or this circumstance make us into victims.  We will rise up and live our lives.  Fortunately, that does not include you.  And I want to be nothing like you.  I want to be a mother to my children and show them that in spite of you, I can be happy and move forward.  In order for me to move forward, I am choosing to forgive you.  And with this, I can set you free, move forward and forget you.

Judge Williams addressed the defendant directly just before pronouncing the sentence which is the maximum allowed by law.  He told Pascarella, Jr that he did not feel there was any chance of rehabilitation for him.  Judge Williams went on to say that there was strong evidence during the trial that this murder was an attempt to impress his estranged wife, Michelle Pascarella, nee Tompkins.  Judge Williams then read from a transcript of a phone call from Pascarella, Jr. to Michelle Pascarella from the jail shortly after the murder. In it, the defendant stated, “Five years is a long time to sleep by myself and never be held again.  And to be honest I would do it every single day for you.  The sad part is when five years is up and I get a taste of freedom and you ask me to kill somebody else, I’d do it again.”

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

Gregory Williams press release

                                                           

DISTRICT ATTORNEY D. HOLLEY CARNRIGHT ANNOUNCES:  SEX TRAFFICKER ADMITS PROMOTING PROSTITUTION OF A CHILD

            Gregory C. Williams, 39, who last resided at the Capri Motel in Port Ewen but previously lived in the City of Kingston, pled guilty on Thursday, December 15, 2016, in Ulster County Court before Honorable Donald A. Williams to Promoting Prostitution in the Third Degree, a Class “D” felony.  Williams admitted that on or about April 10, 2016, he advanced or profited from prostitution of a child under nineteen years old.    

The defendant was charged earlier this year after a joint investigation of the Ulster County Family and Child Advocacy Center and the Kingston Police Department.  The investigation revealed that the defendant was prostituting a sixteen year old child.

This is the first felony conviction for child trafficking in Ulster County since the Ulster County Department of Social Services was selected to receive funds under the Safe Harbour Program run the by New York State Office for Family and Child Services.  While the Safe Harbour Program is primarily aimed at protecting and securing services for sexually exploited youth, the monies are also used for raising community awareness and training of both service providers and law enforcement.

The success of this case was the result of the collaborative response both by law enforcement and by the Ulster County Department of Social Services.  Parties from every agency involved including the Ulster County Probation Department, the legal offices of the Department of Social Services and the Safe Harbour Critical Team worked together to allow swift action to be taken against this perpetrator and give the child victim an opportunity to receive services and get out of “the life” as it is commonly called.

The case is being prosecuted by Ulster County Special Victims Bureau Chief Katherine R. Van Loan.  The defendant is represented by John Evans, Esq., a member of the Dutchess County Public Defender’s assigned due to a conflict with the Ulster County Public Defender’s Office.    Williams is scheduled to be sentenced on February 16, 2017 in Ulster County Court.

 

 

Wallet lost or stolen

WHAT TO DO IF YOUR WALLET IS LOST OR STOLEN

 

While you’re struggling at the mall with bags of presents, identity thieves see an opportunity to steal your wallet and debit or credit card numbers.

According to the Ulster County District Attorney’s Division of Consumer Affairs, there are 5 steps consumers should take, the first of which should be done NOW before anything happens: 1) Make copies of all your credit cards, ID cards and licenses – everything in your wallet (both sides); if the card is stolen, 2) Call the companies that issued your credit cards. This should be done at once and you should follow up with a letter; 3) Call the three national credit-reporting agencies and ask them to attach a fraud alert to all your credit cards; 4) If your social security card is missing, call the Social Security Administration (fraud line). Also, be sure to call the Department of Motor Vehicles, as well as any other organizations from which you lost cards; 5) Call the police if you were a victim of theft. You may be required to show a police report to support your claim that a crime was committed.

 

Consumer Affairs can be reached at 340-3260.

 

Press Release - Snowplowing & Snow Removal Contracts

FROM: HOLLEY CARNRIGHT

DATE: DECEMBER 8, 2016

RE:  SNOWPLOWING AND SNOW REMOVAL CONTRACTS

As winter approaches, many consumers will look to professionals to clear their driveways, storefronts and parking lots of snow and ice. The Ulster County District Attorney’s Division of Consumer Affairs offers these tips to prevent misunderstandings and avoid unnecessary disputes:

• Get it in writing (all services, restrictions, obligations and refund policies);
• Be aware of additional fees (during and after big snowstorms);
• Ask for and contact references;
• Call Consumer Affairs at 340-3260 regarding unresolved prior complaints;
• Avoid large up-front deposits (periodic payments ensure customers are not paying for services not provided).