PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: FEBRUARY 10, 2017
The Appellate Division, Third Department recently unanimously affirmed the July, 2014 conviction of Donald Fairweather, Jr. upon his plea of guilty convicting him of the crime of vehicular manslaughter in the first degree.
On September 25, 2013, the defendant was driving his vehicle at a high speed while intoxicated and struck an oncoming vehicle, causing the death of Vadim Mushtak and serious injuries to Mushtak’s wife.
Defendant was thereafter charged by indictment with various offenses stemming from the incident. Subsequently, defendant pled guilty to vehicular manslaughter in the first degree and waived his right to appeal. County Court sentenced defendant to five to 15 years in prison with a recommendation that the defendant serve the full 15 years.
On appeal, defendant argued that the sentence imposed was harsh and excessive. In his pro se brief, defendant argued that he was denied the effective assistance of counsel. These claims, however, were rejected by the Appellate Division, Third Department.
On appeal, the 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.