PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JUNE 29, 2017
The
Appellate Division, Third Department has today unanimously affirmed judgments
of convictions in the following cases:
People
v Joseph Smith
In July,
2015, Joseph Smith was convicted following a jury trial of the crimes of
criminal possession of a controlled substance in the third degree, criminal
possession of a controlled substance in the fifth degree and false personation
as a result of a crack cocaine sale he made in the City of Kingston on April
18, 2014. When defendant was transported
back to the police station following his arrest and strip searched, police
found additional baggies of crack cocaine.
Defendant,
a prior violent felony offender, was subsequently sentenced by County Court
Judge Donald A. Williams to an aggregate prison term of 12 years to be followed
by a five year period of postrelease supervision.
On
appeal, defendant maintained that County Court erred in denying his suppression
motion and that the evidence adduced by the People at trial was legally
insufficient to establish that he had 500 milligrams or more of cocaine in his
possession. He has argued that the Court
also erred in refusing to let him continue to represent himself at trial, even
though he repeatedly directed his attorney who remained in the courtroom to
represent him. These claims of error
were, however, rejected by the Third Department as were his additional
assertions that he was deprived of his right to testify in his own defense and
that the sentence imposed by County Court was harsh and excessive.
On
appeal, the defendant is represented by Cliff Gordon, Esq. of Monticello, New
York. Assistant District Attorneys Paul
Derohannesian and Lisa Bondarenka handled the appeal for the District
Attorney’s Office.
People
v Devin Gray
In
February, 2015, Devin Gray was convicted following a jury trial of the crimes
of criminal possession of a weapon in the second degree and reckless
endangerment in the second degree. The
charges stemmed from an incident that occurred in the early morning hours of
June 3, 2014 outside a Kingston apartment complex. At that time, defendant, armed with a loaded
.12 gauge shotgun, exchanged gunfire with Eric Harris. Defendant was the only person injured during
the gunfire exchange and was subsequently treated at a local hospital for
gunshot wounds to his abdominal region.
At the hospital, police collected defendant’s personal belongings which
included three rounds of ammunition.
Following
his conviction, defendant was sentenced by County Court (Williams, J.) to a
determinate 15 year State prison term followed by five years of postrelease
supervision.
On
appeal, defendant argued that County Court erred in denying his motion to
suppress the rifle and ammunition which were seized from an apartment near
where the shooting took place. In
addition, defendant challenged the legal sufficiency and weight of the evidence
and further argued that the Court’s charge to the jury was improper and that he
was not only deprived of due process at sentencing, but that the sentence
imposed was unduly harsh and severe.
Each of these contentions, however, were found to lack merit by the
Appellate Division, Third Department.
On
appeal, defendant is represented by David E. Woodin, Esq. of Catskill, New
York. Jason J. Kovacs, Esq. of Kingston,
New York handled the appeal for the District Attorney’s Office.
