TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: SEPTEMBER 22, 2016
RE: PRESS RELEASE - DAVID MAHONEY APPEAL
The Appellate Division, Third Department has today unanimously affirmed the July, 2014 conviction of David Mahoney upon his plea of guilty convicting him of two counts of burglary in the third degree.
Defendant’s conviction stems from a series of burglaries which were perpetrated by him over the course of a 10 day period in the fall of 2013 in the Town of Lloyd. Defendant burglarized eight separate commercial establishments and public buildings before he was arrested.
Defendant eventually pled guilty to two counts of burglary in the third degree in the Ulster County Court with the understanding that he would be sentenced to concurrent prison terms of two and one-third to seven years. However, after reviewing defendant’s unfavorable pre-sentence report, the Court made clear it would not impose the agreed upon sentence, but would impose consecutive prison terms of two and one-third to seven years and two to six years. Though he was given the opportunity to withdraw his plea, defendant declined to do so and was sentenced by Judge Williams to consecutive terms of imprisonment.
On appeal, the defendant claimed that County Court’s imposition of the enhanced sentence was unduly harsh and excessive. This claim, however, was unpreserved for appellate review and accordingly was rejected by the Appellate Division, Third Department.
On appeal, the defendant is represented by Marshall Nadan, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.