From: D. Holley Carnright, District Attorney
Dated: November 22, 2017
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The Appellate Division Third Department has today unanimously affirmed the January, 2014 conviction of Danyl Burger, upon a jury verdict convicting him of the crime of Criminal Possession of a Controlled Substance in the Third Degree, two counts.
Defendant’s conviction stems from a traffic stop in the Town of Lloyd on July 18, 2012. On that date after receiving information from a confidential informant, defendant’s car was pulled over near the Mid-Hudson Bridge by a state trooper. During the stop, the Trooper noticed a knotted plastic bag in plain view which contained crack cocaine and defendant was arrested.
Defendant was convicted of two counts of Criminal Possession of a Controlled Substance in the Third Degree. As a second felony offender, defendant was later sentenced by County Court Judge Donald A. Williams to an aggregate prison term of 8 years to be followed by 3 years of Post Release Supervision.
On appeal, defendant maintained that he was denied meaningful representation. However, the Third Department rejected this assertion.
On appeal, defendant is represented by Cappy Weiner, Esq. of Kingston, New York. ADA Joan Gudesblatt Lamb, handled the appeal for the District Attorney’s Office.