BRIAN R. MORGAN SENTENCED TO FELONY DWI

BRIAN R. MORGAN SENTENCED TO FELONY DWI
CARMEL, NEW YORK – JUNE 2, 2017: Putnam County District Attorney Robert V. Tendy announced today that Brian R. Morgan of Brooklyn, New York, was sentenced by the Honorable Judge James T. Rooney in Putnam County Court to a term of 2 1/3 – 7 years state prison for Felony Driving While Intoxicated. This is the maximum term of imprisonment under New York State law.
At 6:30 am on September 3. 2016, a New York State Trooper observed Morgan’s vehicle on the Taconic State Parkway in the Town of Putnam Valley speeding at upwards of 80 miles per hour. After pulling over the vehicle, the Trooper smelled alcohol on Morgan’s breath, and noticed that Morgan’s eyes were blood shot. After Morgan failed various field sobriety tests he refused to take a chemical breath test and was placed under arrest.
Morgan was convicted by twelve jurors on March 27, 2017. It was his third conviction for DWI, and he is awaiting sentence in Westchester County Court on his fourth DWI conviction.
District Attorney Tendy thanked the New York State Police who stopped and arrested Morgan. “I am very pleased that Brian Morgan, a habitual Driving While Intoxicated offender, was arrested, tried, and sentenced to the maximum term of incarceration. It sends a message to defendants like Morgan that they will be held accountable for the danger they put others in,” Tendy said.
The case was prosecuted by Assistant District Attorney Melissa Lynch.

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PUTNAM DA USES NY SAFE STREET GRANT MONEY TO PURCHASE BODY ARMOR VESTS FOR SHERIFF’S OFFICERS

PUTNAM DA USES NY SAFE STREET GRANT MONEY TO PURCHASE BODY ARMOR VESTS FOR SHERIFF’S OFFICERS

CARMEL, NEW YORK – MAY 23, 2017: Putnam County District Attorney Robert Tendy announced today that he has used money from the Safe Street Grant to purchase five body armor vests for the Putnam County Sheriff’s Department. The vests will be worn by Deputy Sheriff’s on assignment in potentially dangerous situations.

Sheriff Donald B. Smith stated that “all of us in the Putnam County Sheriff’s Office are grateful to District Attorney Bob Tendy and his office for providing several new bullet-proof vests to us. The new vests were issued to investigators and to deputies assigned to our Narcotics Enforcement Unit, to replace old vests that had reached the end of their effective lifespans. The D.A.’s acquisition of the new vests for our members truly represents a potentially life-saving gift for the men and women who will wear them while doing their duties in harm’s way.”

Tendy said “the Safe Street Grant money is something that we can put to great use, and making sure our Sheriff’s Deputies have the protection they need is extremely important. I’m very grateful for the opportunity to work with Sheriff Smith in this endeavor.” He added, “Everyone in law enforcement is part of a team, and whenever my office can help, we will.”

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DANIEL O’BRIEN SENTENCED FOR RECKLESS ENDANGERMENT IN THE FIRST DEGREE

DANIEL O’BRIEN SENTENCED FOR RECKLESS ENDANGERMENT IN THE FIRST DEGREE

CARMEL, NEW YORK – MAY 3, 2017: Putnam County District Attorney Robert V. Tendy announced today the conviction of Daniel M. O’Brien, 37, of Cochecton, New York, of Reckless Endangerment in the First Degree, a class D felony. As part of a plea deal, the defendant pleaded guilty to this charge on March 21, 2017, and was sentenced by the Honorable James Reitz to a term of 1-3 years in state prison on May 16, 2017.

At approximately 10:30 PM on the night of April 14, 2016, O’Brien was driving a motor vehicle in Connecticut when law enforcement attempted to pull him over for a traffic infraction. Rather than comply, O’Brien fled the police in his vehicle, leading them on a high-speed chase, during which his speed exceeded 100 miles per hour, on Interstate 84 into New York. Connecticut authorities ceased their pursuit at the state border and notified New York State Police of their pursuit. New York State Police vehicles located the defendant, who again failed to stop his vehicle. O’Brien continued to drive on local roads in the towns of Southeast and Carmel recklessly and at excessive speeds, causing at least one other vehicle to swerve off of the road and nearly hitting several other vehicles, all while still being pursued by police officers.

O’Brien stopped his vehicle only when he hit a concrete curb on Route 6 in the town of Carmel, and was quickly surrounded by law enforcement from multiple jurisdictions. O’Brien then charged at a deputy from the Putnam County Sheriff’s Office and wrestled with him, until the deputy and other officers were able to subdue and arrest him.

District Attorney Tendy would like to thank the New York State Police, Putnam County Sheriff’s Office, and Village of Brewster Police Department, whose members were involved in O’Brien’s pursuit and apprehension. “This defendant showed a depraved indifference to human life by fleeing police officers and leading them on a high-speed and very dangerous pursuit,” said DA Tendy. “I would like to thank all of the officers and agencies involved in this case for safely pursuing and arresting the defendant before he caused a crash that resulted in injuries or worse to innocent third parties.”

The case was prosecuted by Assistant District Attorney Larry Glasser.

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RICHARD O’KEEFE SENTENCED TO CRIMINALLY NEGLIGENT HOMICIDE

CARMEL, NEW YORK – MAY 3, 2017: Putnam County District Attorney Robert V. Tendy announced today that Richard O’Keefe was sentenced by the Honorable Edward Mcloughlin to one year in jail and revocation of his license based upon an agreed plea to Criminally Negligent Homicide, a class E felony. As part of the plea deal, the defendant has also agreed to refrain from reapplying for a license for one year after his release from jail.

A New York State Police investigation revealed that on November 14, 2015 O’Keefe, a retired Carmel Police Officer, was driving at an excessive rate of speed (between 52 and 58 mph) on Route 6 in the Town of Carmel when his vehicle collided with a vehicle driven by Anna Estrada. The collision caused the vehicle driven by Ms. Estrada to roll on to its passenger side and collide with a third vehicle causing fatal injuries to Frances Ghelarducci who was seated in the rear of the vehicle driven by Estrada.

O’Keefe refused to consent to a chemical screening of his blood sample, so an order was issued compelling submission to a chemical test. The sample was secured and revealed a blood alcohol content of .09%. New York State Police extrapolated Mr. O’Keefe’s blood alcohol content to be .247% at the time of the collision.

Ms. Estrada voluntarily consented to a chemical screening of her blood sample which yielded negative results for alcohol and or drugs.

The collision reconstruction report revealed that the primary cause of the collision was the vehicle driven by Estrada failing to yield the right of way to the defendant’s vehicle; however, contributing factors to the collision were the speed at which O’Keefe was traveling and the fact that he was operating his vehicle under the influence of alcohol.

“Our community continues to mourn the loss of a wonderful person who had such a positive impact on so many.” stated DA Tendy. “Frances was a beloved wife, mother and Teacher’s Aide at Primrose Elementary School and is missed dearly by all”.

The case was prosecuted by First Assistant District Attorney Chana Krauss.

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RICHARD O’KEEFE PLEADS GUILTY TO CRIMINALLY NEGLIGENT HOMICIDE

RICHARD O’KEEFE PLEADS GUILTY TO CRIMINALLY NEGLIGENT HOMICIDE
Putnam County District Attorney Robert V. Tendy announced today that Richard O’Keefe pleaded guilty in Putnam County Court before the Honorable Edward Mcloughlin to Criminally Negligent Homicide, a class E felony.

State police investigation revealed that on November 14, 2015 O’Keefe, a retired Carmel Police Officer, was driving at an excessive rate of speed (between 52 and 58 mph) on Route 6 in the Town of Carmel. The Investigation determined O’Keefe had consumed multiple alcoholic beverages yielding an extrapolated blood –alcohol content to be 0.247% at the time of the collision.

The collision reconstruction report revealed that a second vehicle, driven by Anna Estrada, exited the Route 6 Plaza parking lot failing to yield to the right of way of the vehicle driven by O’Keefe and was struck by O’Keefe’s vehicle.

Ms. Estrada voluntarily consented to a chemical screening of her blood sample which yielded negative results for alcohol and or drugs.
The collision caused the vehicle driven by Ms. Estrada to roll on to its passenger side and collide with a third vehicle causing fatal injuries Frances Ghelarducci who was seated in the rear of the vehicle driven by Estrada.

Frances was a beloved wife, mother, and teacher aid at Primrose Elementary School and is missed dearly by all. DA Tendy expresses his sympathy to the Ghelarducci family and thanks them for their continued support.

“This was a very difficult investigation. Based on all the factors the defendant is expected to be sentenced to one year jail,” DA Tendy announced.
The case was prosecuted by First Assistant District Attorney Chana Krauss.

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PUTNAM JURY CONVICTS DEFENDANT OF FELONY DRIVING WHILE INTOXICATED

PUTNAM JURY CONVICTS DEFENDANT OF FELONY DRIVING WHILE INTOXICATED

CARMEL, NEW YORK – MARCH 27, 2017: Putnam County District Attorney Robert V. Tendy announced today that Brian R. Morgan of Brooklyn, New York was convicted in Putnam County Court by twelve jurors on Monday, March 27 for the crime of Felony Driving While Intoxicated.
Trooper David Jenkins from NYSP observed defendant Morgan’s vehicle at 6:30am on the Taconic State Parkway in the Town of Putnam Valley coming up behind him at a rapid rate of speed. The Trooper turned on his rear radar detector and clocked Morgan at 82 MPH.
After pulling over the vehicle, the Trooper smelled alcohol on Morgan’s breath and noticed that Morgan’s eyes were blood shot. After Morgan failed various field sobriety tests he refused to take a chemical breath test and was placed under arrest.
Morgan has two prior convictions and faces a maximum of 2 1/3 – 7 years’ incarceration on this current conviction. “Defendants like Morgan, repeat offenders of Driving While Intoxicated, need to be prosecuted vigorously and held accountable for the danger they put others in. ADA Melissa Lynch put a lot of time into this prosecution and I’m very proud of the work she did,” Tendy said.
The defendant is currently being held at the Putnam County Jail and is scheduled for sentence May 31 before the Honorable Judge James T. Rooney.

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PUTNAM JURY CONVICTS DEFENDANT OF FELONY DRIVING WHILE INTOXICATED

PUTNAM JURY CONVICTS DEFENDANT OF FELONY DRIVING WHILE INTOXICATED

CARMEL, NEW YORK – MARCH 27, 2017: Putnam County District Attorney Robert V. Tendy announced today that Brian R. Morgan of Brooklyn, New York was convicted in Putnam County Court by twelve jurors on Monday, March 27 for the crime of Felony Driving While Intoxicated.

Trooper David Jenkins from NYSP observed defendant Morgan’s vehicle at 6:30am on the Taconic State Parkway in the Town of Putnam Valley coming up behind him at a rapid rate of speed. The Trooper turned on his rear radar detector and clocked Morgan at 82 MPH.

After pulling over the vehicle, the Trooper smelled alcohol on Morgan’s breath and noticed that Morgan’s eyes were blood shot. After Morgan failed various field sobriety tests he refused to take a chemical breath test and was placed under arrest.

Morgan has two prior convictions and faces a maximum of 2 1/3 – 7 years’ incarceration on this current conviction. “Defendants like Morgan, repeat offenders of Driving While Intoxicated, need to be prosecuted vigorously and held accountable for the danger they put others in. ADA Melissa Lynch put a lot of time into this prosecution and I’m very proud of the work she did,” Tendy said.

The defendant is currently being held at the Putnam County Jail and is scheduled for sentence May 31 before the Honorable Judge James T. Rooney.

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PUTNAM DA USES NY SAFE STREET GRANT MONEY TO PURCHASE BODY ARMOR VESTS FOR PROBATION OFFICERS

CARMEL, NEW YORK – MARCH 21, 2017: Putnam County District Attorney Robert Tendy announced today that he has used money from the Safe Street Grant to purchase five body armor vests for the Putnam County Probation Department. The vests will be worn by probation officers on assignment in potentially dangerous situations.
Putnam County Director of Probation, Gene Funicelli, was very happy to get the vests. “I want to thank District Attorney Tendy for purchasing these body armor vests for my department. They’ll provide a measure of safety for my officers when executing warrants and otherwise working in the field. This is generous gift is greatly appreciated.”
“I’m really glad that we could provide these vests to the probation officers. Sometimes they can find themselves in some very dangerous situations, and these vests will certainly be of great value to them,” Tendy said. He added, “There will be other purchases in the near future for law enforcement agencies. Anything we can do to help. We’re all part of a team.”

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PUTNAM DA USES NY SAFE STREET GRANT MONEY TO PURCHASE BODY ARMOR VESTS FOR PROBATION OFFICERS

CARMEL, NEW YORK – MARCH 21, 2017: Putnam County District Attorney Robert Tendy announced today that he has used money from the Safe Street Grant to purchase five body armor vests for the Putnam County Probation Department. The vests will be worn by probation officers on assignment in potentially dangerous situations.
Putnam County Director of Probation, Gene Funicelli, was very happy to get the vests. “I want to thank District Attorney Tendy for purchasing these body armor vests for my department. They’ll provide a measure of safety for my officers when executing warrants and otherwise working in the field. This is generous gift is greatly appreciated.”
“I’m really glad that we could provide these vests to the probation officers. Sometimes they can find themselves in some very dangerous situations, and these vests will certainly be of great value to them,” Tendy said. He added, “There will be other purchases in the near future for law enforcement agencies. Anything we can do to help. We’re all part of a team.”

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Andrew Krivak’s Motion for a New Trial Denied

Andrew Krivak’s Motion for a New Trial Denied

Earlier today a Justice of the County Court denied Andrew Krivak’s motion to set aside his conviction for his role in the brutal 1994 rape and murder of 12-year-old Josette Wright.
Krivak had been found guilty by a jury of Murder in the Second Degree and Rape in the First Degree in 1997. He was sentenced to a term of 25 years to life by the trial court, who found that the evidence was “overwhelmingly against him” and there was “no question” that Krivak was guilty of this horrific crime. Krivak’s conviction was subsequently upheld on appeal.

Earlier this year, Krivak filed a motion claiming there was “newly discovered evidence” that, he contended, would result in his acquittal if he was granted a new trial. The County Court considered and rejected each and every argument advanced by Krivak, concluding that “[g]iven the overwhelming evidence of Defendant’s guilt, the purported “new evidence” is not likely to result in a more favorable verdict for Defendant.”

The Court based its determination in large part on Krivak’s “detailed, voluntary confession” which he provided to law enforcement following his arrest. The Court noted that Krivak’s confession was corroborated by witness accounts, physical evidence, and forensic analysis. In comparison to this evidence, the Court concluded that the purported new evidence “pales in comparison” and did not warrant a new trial.

District Attorney Robert V. Tendy would like to thank the Court for its careful consideration of the motion and detailed analysis of Krivak’s claims. He would also like to thank Assistant District Attorney Larry Glasser for responding to Krivak’s motion and the current and former members of the Putnam County Sheriff’s Office who have worked tirelessly on this case for more than two decades to ensure that Krivak continues to be held responsible for his actions.