PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: FEBRUARY 10, 2017
The
Appellate Division, Third Department recently unanimously affirmed the July,
2014 conviction of Donald Fairweather, Jr. upon his plea of guilty convicting
him of the crime of vehicular manslaughter in the first degree.
On
September 25, 2013, the defendant was driving his vehicle at a high speed while
intoxicated and struck an oncoming vehicle, causing the death of Vadim Mushtak
and serious injuries to Mushtak’s wife.
Defendant was thereafter charged by indictment with various offenses
stemming from the incident. Subsequently, defendant pled guilty to vehicular
manslaughter in the first degree and waived his right to appeal. County Court sentenced defendant to five to
15 years in prison with a recommendation that the defendant serve the full 15
years.
On
appeal, defendant argued that the sentence imposed was harsh and
excessive. In his pro se brief,
defendant argued that he was denied the effective assistance of counsel. These claims, however, were rejected by the
Appellate Division, Third Department.
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.
