PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: OCTOBER 30, 2014
The
Appellate Division, Third Department has today unanimously affirmed both the
December 3, 2012 conviction of Gary Watkins, also known as “B War,” upon a jury
verdict convicting him of five counts of criminal sale of a controlled
substance in the third degree and five counts of criminal possession of a
controlled substance in the third degree, as well as his February 20, 2013
conviction upon a plea of guilty convicting him of attempted assault in the
second degree.
In
August, 2011, as part of Operation Clean Sweep, a multi-agency effort to combat
drug trafficking in and around Kingston, defendant was targeted as a drug
dealer. In September, 2011, an
undercover officer made five controlled drug buys of crack cocaine from the
defendant on two separate occasions in the City of Kingston. After defendant was convicted of these drug
charges by a jury, he was sentenced by County Court Judge Donald A. Williams,
as a second felony offender, to an aggregate prison term of 15 years followed
by three years of postrelease supervision.
In
a separate matter, defendant was charged in a four count indictment with three
counts of assault in the second degree and criminal possession of a weapon in
the fourth degree after assaulting a man with a tire iron in the City of
Kingston on February 8, 2012. Following
his conviction on the drug charges, defendant pled guilty to the reduced charge
of attempted assault in the second degree in satisfaction of the four count
indictment. County Court Judge Williams
subsequently imposed an agreed upon term of two to four years in State prison
to be served concurrently to his sentence on the drug charges.
On
appeal, defendant claimed that the verdict on the drug charges was against the weight
of the credible evidence and that the Court gave an improper missing witness
charge. Defendant also argued that he was
denied effective representation on the assault charge. Upon review, the Appellate Division, Third
Department unanimously rejected all of these claims.
On
appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock,
New York. Assistant District Attorney Carly
Wolfrom, Esq. handled the appeal for the District Attorney’s Office.