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.
