Friday, February 16, 2018

Press Release



PRESS RELEASE


FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: FEBRUARY 15, 2018

The Ulster County District Attorney’s Office is presently in possession of property believed to be proceeds of burglaries in the southern Ulster County area between January, 2012 and September 22, 2013.

This property includes male and female jewelry, watches and coins. 

If you have had personal property stolen from you which has not been recovered you may make inquiry at the District Attorney’s Office investigative unit. The phone number is 845-340-3280.

Property not identified will be auctioned by the County of Ulster pursuant to the applicable New York statutes.


Thursday, February 15, 2018

Press Release - Sondro Velez Appeal




FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 15, 2018
RE: PRESS RELEASE  

The Appellate Division, Third Department, has unanimously affirmed the June 11, 2015 conviction of Sondro Velez for the crime of Criminal Sale of a Controlled Substance in the third degree, a Class B felony.

The defendant was arrested as part of a continuing investigation by the Kingston Police Department Special Investigative Unit after he sold cocaine to a Confidential Informant.  Upon defendant’s arrest and search of his residence at 107 Franklin Street, the police recovered both cocaine and heroin. At the defendant’s sentencing he waived his right to appeal in exchange for a negotiated sentence of six years in state prison.  Despite having waived his right to appeal, defendant filed an appeal arguing, et al, that his sentence was excessive.

Defendant is a self-admitted member of the Latin Kings Gang.  He has an extensive criminal history dating back to 1994 from both Massachusetts and the Bronx, including a prior felony conviction for Attempted Robbery in the third degree.  In upholding the defendant’ conviction the Appellate Division summarily denied the defendant’s claims. 

On appeal the defendant was represented by Janet K. Kealy of Hudson, New York.  Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.


Friday, February 9, 2018

Press Release - Eschell Ashcroft Conviction




TO:     MEDIA
FROM:   HOLLEY CARNRIGHT
        ULSTER COUNTY DISTRICT ATTORNEY
DATE:   FEBRUARY 9, 2018
SUBJECT: PRESS RELEASE – ESCHELL ASHCROFT CONVICTION

On Friday February 9, 2018, an Ulster County jury of 8 men and 4 women found Eschell Ashcroft, age 49, of Napanoch, NY, guilty of Aggravated Harassment of an Employee by an Inmate.
The evidence at trial established that the defendant, while an inmate at Eastern Correctional Facility, threw urine on a corrections officer. The urine struck the officer in his face, his shirt, and his pants. The incident was captured on video surveillance. Numerous corrections officers testified at trial, including the officer who was struck by the urine, along with a serologist from the New York State Police Crime Lab who testified that the substance thrown on the officer tested positive for urine.

Defendant testified at trial that he did not throw anything on the officer, and tried to argue that the case was a set up by the Department of Corrections. The defense called a DNA expert from Ohio, who was paid approximately $5,000.00 who testified that the defendant was not a major contributor to DNA found on the officer’s shirt and that there was other DNA found on the shirt which had an insufficient amount of DNA to develop a  profile. The expert could not controvert that the substance on the CO’s shirt was urine.

New York case law prevented the jury from hearing that the defendant was convicted in 2005 for throwing feces on a corrections officer while he was confined in Sullivan Correctional Facility. In addition to his prior conviction for that crime, defendant’s criminal history consists of two convictions for Attempted Robbery 2nd degree, Reckless Endangerment and Endangering the Welfare of a Child, and Criminal Sale of a Controlled Substance for selling crack cocaine.

Sentencing is scheduled on May 9, 2018 in front of Judge Donald Williams. He faces a potential sentence of 2.5-5 years in prison. The case was prosecuted by Assistant District Attorney Paul Derohannesian. The defendant was represented by attorney Russell Schindler.  

Thursday, February 8, 2018

Press Release - Jesus LaSanta Appeal





TO:       ALL NEWS MEDIA
FROM:     HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE:     FEBRUARY 8, 2018



The Appellate Division, Third Department has unanimously affirmed the August, 2015 conviction of Jesus LaSanta upon his plea of guilty of the crime of criminal possession of a controlled substance with intent to sell. 

In January, 2015, the defendant was arrested in the Village of Ellenville on a parole warrant.  At that time, he was found to be in possession of 16 glassine envelopes of heroin, a digital scale and other drug paraphernalia.  After waiving indictment defendant pled guilty to a superior court information charging him with criminal possession of a controlled substance in the fifth degree.  At that time, defendant also waived his right to appeal.

Defendant was sentenced by Ulster County Court Judge Donald A. Williams to a determinate term of four years followed by two years of postrelease supervision. 

Defendant has a prior criminal sale of a controlled substance with intent to sell conviction, also out of Wawarsing, from 2010 for which he received a sentence of 5 years.  In fact, he was on postrelease supervision at the time of his 2015 arrest. In addition, defendant has previous convictions for misdemeanor assault, two misdemeanor drug possession charges, loitering, and petty theft.  Despite his criminal record, on appeal, defendant claimed that the sentence imposed by County Court was unduly harsh and severe and that his plea was not knowingly, voluntarily and intelligently entered.  However, as the Appellate Division, Third Department determined, defendant’s challenge to his sentence was precluded by his valid waiver of appeal and his challenge to the voluntariness of his plea was unpreserved for appellate review. 

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.

Thursday, February 1, 2018

Press Release - Christopher Zaorski Appeal



PRESS RELEASE


FROM:     HOLLEY CARNRIGHT
DATE:     FEBRUARY 1, 2018



The Appellate Division, Third Department has unanimously affirmed the resentence of Christopher Zaorski upon his conviction of the crimes of burglary in the first degree and assault in the second degree. 

Defendant’s conviction stems from an incident which occurred very early on the morning of April 20, 2008 in Pine Bush.  At that time, the victim, out walking his dog, observed suspicious activity outside his neighbor’s home and confronted the defendant, whom he observed prowling around.  During the physical confrontation which ensued, the victim was seriously injured, later requiring 13 staples and eight stitches to close cuts to his head and scalp.  During the subsequent investigation, police discovered that jewelry and other items had been taken by defendant from the neighbor’s residence.

The defendant was initially sentenced by Ulster County Court Judge Donald A. Williams to concurrent determinate terms of 15 years for the burglary and seven years on the assault followed by five years of postrelease supervision.  He was, however, resentenced in 2015 to the same term of imprisonment as County Court failed to assign him new counsel in connection with a previous motion to withdraw his plea. 

On appeal, defendant challenged the resentence on the ground it was harsh and excessive.  This claim, however, was rejected by the Appellate Division, Third Department. 


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