PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: FEBRUARY 22, 2018
The Appellate Division, Third Department has unanimously affirmed the November 18, 2014 conviction of Mark Conklin for the crimes of Burglary in the second degree; Attempted Kidnapping in the second degree; Unauthorized Use of a Motor Vehicle in the first degree and Assault in the third degree arising from an incident which occurred on February 27, 2014 between the defendant and a former girlfriend. Prior to that date Conklin and the victim had been in a personal relationship marred by episodes of verbal and physical abuse. On the above referenced date, in violation of an order of protection, the defendant broke into the victim’s home while she was at work. When the victim arrived home, Conklin punched her repeatedly in the head, grabbed her cell phone out of her hand so she could not call the police and began choking her. Holding a knife to her throat he told her he was going to kill her but the victim pleaded with Conklin not to kill her in her home where her children would find her when they came home from school. Conklin then escorted the victim at knifepoint to her car but as he walked around the car to get in she escaped and ran to a neighbor’s house to call police.
On appeal the defendant maintained that his convictions were not supported by legally sufficient evidence. He argued that the injuries suffered by the victim were not sufficient to support his conviction of Assault in the third degree and he argued that his sentence of 15 years in state prison was excessive.
In upholding the defendant’s convictions, the Appellate Division found each of the defendant’s arguments to be without merit.
On appeal the defendant was represented by Jack H. Weiner. Assistant District Attorney Carly Wolfrom handled the appeal for the District Attorney’s Office.
