PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: SEPTEMBER 12, 2014
The
Appellate Division, Third Department, unanimously affirmed judgments of
convictions in the following cases:
People
v Alan Ocasio-Rosario
Alan
Ocasio-Rosario was convicted upon a plea of guilty in the Ulster County Court
of the crime of criminal contempt in the first degree on August 3, 2012.
Ocasio-Rosario’s
conviction stems from a domestic violence incident which occurred in January of
2011 after an order of protection had been issued for the victim against him.
Defendant,
a second felony offender, pled guilty to criminal contempt in the first degree
in full satisfaction of a four count indictment and was subsequently sentenced
by Judge Thomas Breslin to an indeterminate term of imprisonment with a minimum
of one and one-half years and a maximum of three years.
On
appeal, defendant claimed that the trial court failed to thoroughly apprise him
of the various rights he was forfeiting by entering a guilty plea. The Appellate Division, however, rejected
defendant’s contention both on the ground that it was unpreserved for appellate
review and the fact that County Court had clearly advised defendant of the
trial rights he was foregoing by entering a plea.
On
appeal, the defendant is represented by Neal D. Futerfas, Esq. of White Plains,
New York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
People
v Jayson McCaster
Jayson
McCaster was convicted on January 30, 2013 upon his plea of guilty of the crime
of criminal sale of a controlled substance in the third degree for having
knowingly and unlawfully possessed and sold a quantity of cocaine on December
9, 2011 to an undercover officer and confidential informant in the City of
Kingston.
Defendant
pled guilty to criminal sale of a controlled substance in the third degree in
satisfaction of an eight count indictment and was sentenced by County Court
Judge Donald A. Williams, as a prior felony offender, to a determinate term of
five years followed by three years of postrelease supervision.
Defendant
appealed his conviction arguing only that he was illegally sentenced as a
second felony offender. In affirming his
conviction, the Appellate Division, Third Department noted that County Court
had complied with its responsibility at sentencing to provide defendant with a
copy of the prior felony information and an opportunity to admit or deny the
fact that he had previously been convicted of a felony.
On
appeal, the defendant is represented by Assistant Public Defender Michael K.
Gould, Esq. Assistant District Attorney
Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s
Office.
