PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: AUGUST 10, 2017
The Appellate Division, Third Department has today unanimously affirmed the October, 2014 conviction of Ciayan London upon his plea of guilty of the crime of criminal possession of a weapon in the third degree, a class D felony.
Defendant’s conviction for possessing an illegal handgun stems from an incident which occurred on March 21, 2014. On that date, defendant was arrested by Kingston Police who were conducting an investigation into illegal drug activity at the apartment he shared with his girlfriend. During the execution of a search warrant, the police found a handgun, which defendant admitted was his, in a locked safe in a bedroom closet. Defendant subsequently was indicted for and pled guilty to criminal possession of a weapon in the third degree.
On appeal, defendant argued that he was deprived of meaningful representation due to defense counsel’s failure to investigate comments made off the record by the presiding Town Justice at the end of the preliminary hearing. The Appellate Division, Third Department, however, found defendant’s ineffective assistance of counsel claim to be unpreserved for appellate review, and, in any event, to be without merit.
On appeal, the defendant is represented by Cappy Weiner, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.