PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JANUARY 12, 2017
The
Appellate Division, Third Department has today unanimously affirmed the August,
2011 conviction of Arnayis Franklin, a/k/a Artie, a/k/a Arnie upon his plea of
guilty convicting him of the crime of criminal possession of a controlled substance
in the third degree as a result of his possession of two ounces of
cocaine.
In
June, 2011, the defendant pled guilty to criminal possession of a controlled
substance in the third degree in exchange for a State prison term of seven
years to be followed by two years of postrelease supervision.
On
appeal, defendant argued that the underlying indictment was jurisdictionally
defective, that he was denied the effective assistance of counsel, that County
Court erred in granting his request to represent himself at sentencing and that
his already completed sentence should be vacated due to the People’s failure to
file a prior felony statement. These claims were determined baseless and
rejected by the Appellate Division, Third Department.
On
appeal, the defendant is represented by Aaron A. Louridas, Esq. of Delmar, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.