PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JUNE 22, 2018
The Appellate Division, Third Department has unanimously affirmed judgments of convictions in the following cases:
People v Jahson Marryshow, a/k/a Jahson Solomon
In September, 2015, defendant was convicted following a jury trial of the crimes of robbery in the first degree, arson in the third degree and grand larceny in the fourth degree. The charges arose out of a series of incidents which occurred on the morning of June 30, 2010. On that date, defendant stole a 2001 dark green Honda Accord from the home of an elderly couple in Woodstock, then set fire to a barn a few miles down the road and while police and firefighters were responding to the fire, robbed a nearby bank at gunpoint, and fled. Defendant remained at large until September, 2014 when he was arrested in Oregon by a US Marshal and returned to Ulster County to stand trial.
Following his conviction, defendant was sentenced as a second felony offender by County Court Judge Donald A. Williams to an aggregate prison term of 15 years to be followed by five years of postrelease supervision.
On appeal, defendant claimed that one of the People’s witnesses should not have been permitted to make an in court identification as the photo array the witness viewed was unduly suggestive. He also argued that the evidence supporting his convictions of robbery in the first degree and arson in the third degree was legally insufficient and against the weight of the evidence. The Appellate Division, Third Department, however, rejected all of these contentions.
On appeal, the defendant is represented by Russell Schindler, Esq. of the Public Defender’s Office. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
People v Rondy Russ, a/k/a Randy Russ, a/k/a Ski
Defendant was convicted in the Ulster County Court on January 30, 2015 upon his plea of guilty of the crime of conspiracy in the second degree for his role in the events of February 9, 2010 which resulted in the murder of Charles King, Jr. C.J. King, Jr., who was scheduled to testify in the Grand Jury against co-defendant Jarrin Rankin, was targeted and murdered in cold blood by defendant’s fellow Sex/Money/Murder gang members.
Prior to trial, defendant moved to suppress recorded jail calls that he was a party to or that had provided information relevant to the prosecution. When that motion was denied, defendant entered a guilty plea and following an unsuccessful motion to withdraw his plea, he was resentenced as a second felony offender to a State prison term of six to 12 years.
On appeal, defendant claimed that Supreme Court (Breslin, J.) erred in denying his motion to suppress the recorded jail calls without a hearing. The Appellate Division, Third Department, however, noted that defendant was fully aware that the recorded jail calls were monitored by law enforcement personnel at the jail and, ruled, that he had no reasonable expectation of privacy over them.
Defendant also challenged the severity of his resentence, but that was precluded by the waiver of appeal he executed at the time of the plea.
On appeal, 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.
