PRESS RELEASE
TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: NOVEMBER 17, 2016
The
Appellate Division, Third Department has today unanimously affirmed the June,
2013 conviction of Vincent Giammichele upon his plea of guilty of the crime of
criminal sale of a controlled substance in the third degree, a class B felony.
Defendant’s
conviction arises as a result of a series of crack cocaine sales he made to a
confidential informant in Napanoch, and Wawarsing in March and April, 2012. In full satisfaction of an indictment which
charged him with multiple counts of criminal sale of a controlled substance in
the third degree and criminal possession of a controlled substance in the third
degree, defendant pled guilty to one count of criminal sale of a controlled
substance in the third degree in exchange for a promised sentence of seven
years conditioned upon him not committing any additional offenses prior to
sentencing. Before sentencing, however,
defendant was arrested and charged with unlawful possession of marijuana and
possession of prison contraband in the second degree.
At
sentencing, after he admitted he had violated one of the conditions of his
plea, County Court (Donald A. Williams, J.) sentenced defendant, a second
felony offender, to an eight year State prison term to be followed by two years
of postrelease supervision and ordered him to pay $500 in restitution.
On
appeal, defendant argued that his plea was invalid because he was not
sufficiently apprised of his rights. He also argued that the Court erred in
imposing an enhanced sentence because he was not specifically advised of the
maximum term of imprisonment he faced if he violated the terms and conditions
of his plea. These claims were, however,
rejected by the Appellate Division, Third Department.
On
appeal, the defendant is represented by Brian M. Callahan, Esq. of Schenectady,
New York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.

