PRESS RELEASE
TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT
DATE: FEBRUARY 19, 2014
On
February 13, 2014, the Appellate Division, Third Department affirmed judgments of
convictions in the following cases:
People
v Joel Dyckman:
Joel
Dyckman was convicted on September 15, 2011 in the Ulster County Court upon a
plea of guilty of the crime of robbery in the first degree, a class B violent
felony.
Defendant’s
conviction stems from incidents which occurred on December 3 and 31, 2010. On those dates, defendant, a cab driver and
heroin addict, robbed two separate convenient stores while brandishing what
appeared to be a handgun. After seizing cash he ordered the frightened store
clerk to lay face down on the floor and fled from the premises.
In
connection with the plea agreement, defendant, a prior felony offender, was
sentenced by County Court Judge Donald A. Williams to a determinate term in
prison of 12 years. On appeal, the
defendant challenged the waiver of appeal, which he executed during the plea
proceedings, and also argued that the sentence imposed by County Court was
unduly harsh and excessive. However, the
Appellate Division, Third Department rejected both of those claims.
On
appeal, the defendant is represented by Kevin Bauer, Esq. of Albany, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
People
v Edward Sheskier:
Edward
Sheskier was convicted upon a plea of guilty of burglary in the second degree
in December, 2011. Defendant’s
conviction stems from his arrest for two separate incidents which occurred on
August 26, 2010. On that date,
defendant, along with co-defendants David Cole and Danielle Winter, burglarized
two separate residences on Krum Road in the Town of Rochester, stealing
thousands of dollars worth of jewelry which they carried from one of the
residences in a pillowcase. After
fleeing from the scene, defendant and his cohorts disposed of some of the
jewelry at pawnshops in Middletown and at a gold dealer in Central Valley for
cash. The defendant and his accomplices
used the proceeds to buy heroin in
Newburgh.
Defendant
was sentenced by County Court (Williams, J.) as a prior felony offender to a
determinate term of 10 years to be followed by five years postrelease
supervision and ordered to make restitution.
On
appeal, defendant argued that he was deprived of meaningful representation; the
Appellate Division, Third Department, found that claim was unpreserved for
appellate review and without merit, in any event.
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.
