TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JULY 20, 2017
The Appellate Division, Third Department has today unanimously affirmed the December 20, 2013 conviction of Gerald Babcock of manslaughter in the first degree, a class B violent felony.
The victim of the crime was defendant’s fiancée, age 36, who suffered from multiple sclerosis. On the morning of March 6, 2013, the defendant beat her about the head causing severe head trauma, brain swelling and two large subdural hematomas, strangled her, and then dragged her outside into the freezing Winter weather, down a set of stairs where he left her, barely conscious and hardly breathing, to die. The victim died the following day from multiple blunt force injuries and strangulation.
Following his conviction of manslaughter in the first degree, the defendant was sentenced by County Court Judge Donald A. Williams to a 25 year sentence to be followed by five years of postrelease supervision.
On appeal, the defendant challenged the Court’s pretrial ruling which allowed evidence of his prior bad acts of domestic violence against the victim. In addition, the defendant argued that the verdict, particularly with respect to the element of intent, was against the weight of the evidence, that the Court’s imposition of the maximum sentence was unduly harsh and excessive and that County Court erred when it failed to instruct five courtroom spectators, who were wearing purple ribbons that signified their opposition to domestic violence, to remove their ribbons. Each of these claims, however, were addressed at length by the Appellate Division, Third Department and ultimately rejected.
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.