PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: AUGUST 25, 2016
The Appellate Division, Third Department has today unanimously affirmed the February, 2014 conviction of Terry Macon, a/k/a Tennessee upon his plea of guilty convicting him of the crime of criminal sale of a controlled substance in the third degree, a class B felony.
In the early evening hours of November 14, 2012, the defendant made two separate $50 cocaine sales to a confidential informant in the presence of an undercover police officer in midtown Kingston. In satisfaction of a four count indictment, defendant pled guilty to criminal sale of a controlled substance in the third degree and waived his right to appeal; he was thereafter sentenced, in accord with the terms of the plea agreement, to five years in State prison with two years of postrelease supervision.
On appeal, defendant challenged the validity of his waiver of appeal, the voluntariness of his guilty plea and claimed that he was denied meaningful representation. The defendant also maintained that the sentence imposed by County Court was unduly harsh and excessive. After considering these claims, the Appellate Division, Third Department rejected each of them.
On appeal, the defendant is represented by Salvatore Adamo, Esq. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.