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.

DA Robert V Tendy announces the conviction of John Caputo for Robbery in the Third Degree

DA Robert V Tendy announces the conviction of John Caputo for Robbery in the Third Degree

On October 18, 2016 the Putnam County Sheriff’s Office was informed of a 911 call for a Robbery at the Subway Food Chain Store at 3101 Route 22 in the Patterson Commons.

An investigation revealed that the defendant, John Caputo from Wingdale New York, entered the location, approached the young cashier and indicated he was there to purchase a drink. When the employee went to enter the purchase into the register, the defendant displayed a box cutter, demanded money, and fled with approximately $347 dollars.

The Sheriff’s Office recovered video footage of the robbery which ultimately led to the apprehension of the defendant on October 20, 2016. District Attorney Tendy said that he wanted “to send a clear message that crimes of violence will be dealt with swiftly and aggressively in Putnam County,” and the defendant was indicted by a Grand Jury on October 28, 2016.

On February 28, 2017 the defendant entered a plea of guilty to Robbery in the Third Degree before the Honorable James Reitz and is expected to be sentenced on April 25, 2017 to 2 1/3 – 7 years state prison. The case is being prosecuted by First Assistant District Attorney Chana Krauss.




District Attorney Robert Tendy returned to his former job as Putnam Valley Supervisor for a few moments to help release Sterile Grass Carp into Putnam Valley’s Lake Oscawana. This was part of multi-faceted program to control weeds in the lake, and it was one of the last projects Tendy completed before he left Putnam Valley to become Putnam County District Attorney.

It was more than three years ago that Tendy, his former Town Hall Staff, and members of the Lake Oscawana community began the work to bring grass carp into the lake, which was being choked off in some areas as invasive weeds such as milfoil began to grow uncontrollably. “It was a painstaking process, with a lot of environmental concerns that had to be addressed. We started in the summer of 2012, and were approved shortly before I left office at the end of 2015. When I heard that the carp were being put into the lake this week, I wanted to be sure to attend. It was a beautiful day, I saw many of my old friends, and it was really nice to be back, if only for a brief visit.”

The carp are small now, about 10  – 12 inches, but can grow to about 3 feet long. They don’t reproduce, and are used in lakes that are overcome with weeds, particularly invasive weed species. “These carp, as they grow and eat the weeds, in about 2 – 3 years will begin having a noticeable effect toward reducing weeds in the lake. It’s great to see that everyone’s hard work and perseverance paid off. Putnam Valley has beautiful lakes, and Lake Oscawana is the jewel of them all. We always did everything we could to keep it that way.”

After the release of the fish into the lake, Tendy hurried back to the District Attorney’s office. “It’s such a beautiful day, and it is really nice being back. But we  have a lot of things to do at the District Attorney’s office, so my little vacation is over.”



CARMEL, NEW YORK – APRIL 27, 2016:  Putnam County District Attorney Robert Tendy and Putnam County Sheriff Donald B. Smith are warning area residents to be on guard against an IRS tax collection scam that has bilked victims throughout the nation.  In recent days, several Putnam County residents have reported that they have received bogus calls from con artists identifying themselves as IRS officials and demanding payments of money for taxes.  Many of those targeted by the thieves are senior citizens.

In the scam, imposters pretending to be from the IRS or another agency telephone people and claim they owe taxes.  The callers typically say that the persons must pay immediately or else face the loss of their driver’s license or business license, face deportation or go to jail.

The callers may alter, or “spoof,” caller ID services to make it look like they are calling from the actual agency.  Scammers often research their targets online to pick up some personal details about them, such as their age and the names of other family members, to make the intended victim believe they have official access to their tax records. Callers may use official IRS titles and give out a badge number to identify themselves.

Scammers usually demand that the targeted person pay through an online service or by using an untraceable cash or debit card, often directing victims to a bank or convenience store to make the payment through a wire service such as Western Union.

More recently, tax scammers have gone beyond using the phone. Late last summer, the IRS warned that the con artists are copying official IRS letterhead to contact victims through email or regular mail. In another twist, the thieves provide a real IRS address and tell the victim to mail the receipt for the payment to the agency.




The scam has been occurring across the nation for about two years.  According to published reports, hundreds of thousands of scam contacts have occurred nationwide and thousands of victims have been collectively scammed out of millions of Dollars.

The IRS recommends that the best way of dealing with the thieves is to just hang up the phone.  According to the IRS, real agents will not contact taxpayers by phone without first sending a written tax bill in the mail. Furthermore, the IRS does not demand immediate payment of owed taxes.  The IRS also will not demand just one kind of specific payment and does not threaten to call in the local police for nonpayment of taxes.

The IRS advises taxpayers that the best defense against IRS scammers is to know your own tax situation.  If a taxpayer filed a tax return that was accepted by the IRS, and even received a refund, any tax dispute would be about specific income items or deductions, and the IRS would contact the taxpayer by mail.  If that has not happened, a taxpayer’s tax status is not an issue.

In addition to the IRS guidance, Sheriff Smith offered a general reminder to residents that they should never give out personal financial information to callers over the phone or send money to strangers. District Attorney Tendy said that any perpetrators of the scams would be prosecuted vigorously.  ###

Robert Tendy Sworn In As New District Attorney

Robert Tendy was sworn in today as the new Putnam County District Attorney. The ceremony took place at the Historic Putnam County Courthouse, a fitting backdrop for the new DA. DA Tendy stated he “is proud and honored to serve the people of Putnam County”. DA Tendy has been an attorney since 1989 concentrating in the area of criminal law. He served in Manhattan under DA Robert Morgenthau as an Assistant District Attorney handling hundreds of cases. DA Tendy also served in private practice defending the rights of many citizens.
In 2008 DA Tendy ran for Supervisor of the Town of Putnam Valley where he was elected and continued to serve until his election as Putnam County District Attorney. The transition into politics was not an easy move, DA Tendy admits to “not being political by nature” but felt the need to get involved and make a difference.
DA Tendy pledged to work with local law enforcement and continue to “work hard, be honest, ethical and remain open to ideas”.