PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: MAY 18, 2017
The Appellate Division, Third Department has today unanimously affirmed judgments of convictions in the following cases:
People v Walter Price
In February, 2015, Walter Price was convicted upon his plea of guilty to the reduced charge of criminal sexual act in the second degree after his original 2007 plea was vacated by the Appellate Division, Third Department in 2014. At his 2015 sentencing, County Court (Donald A. Williams, J.) denied defendant’s request for youthful offender treatment and sentenced him to a prison term of two to six years, which sentence defendant had already served. Following sentencing, County Court held a SORA risk assessment hearing and designated defendant a Level II sex offender.
On appeal, defendant challenged his SORA classification, as well as the Court’s denial of his request for youthful offender status. In its decision, the Appellate Division concluded that defendant’s challenge to his SORA designation was not reviewable on appeal from his judgment of conviction and that County Court did not improvidently exercise its discretion in denying his request for youthful offender status.
On appeal, the defendant is represented by Matthew C. Hug, Esq. of Albany, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
People v Fateen Akbar
In May, 2014, Fateen Akbar was convicted upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree stemming from his sale of heroin on three separate occasions. At the time of the plea, defendant agreed to waive his right to appeal and County Court (Donald A. Williams, J.) agreed to impose a State prison term of seven years with three years of postrelease supervision. At sentencing, however, the Court sentenced defendant, a second felony offender, to six years in State prison with three years of postrelease supervision.
Despite his plea, and the consideration shown him by the court, the defendant filed a notice of appeal and was given a court appointed attorney.
On appeal, appellate counsel, concluding that there were no non-frivolous issues which could be raised, filed an Anders brief and the reviewing court agreed that there were no non-frivolous issues which could be raised and affirmed defendant’s judgment of conviction and relieved counsel from further representing defendant, all of which caused the county taxpayers thousands of dollars.
On appeal, the defendant is represented by Barrett D. Mack, Esq. of Albany New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.