PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JANUARY 17, 2019
The Appellate Division, Third Department has unanimously affirmed the conviction of Riis Matthew Silver, a/k/a ‘Flea’ rendered April 15, 2016 upon a jury verdict convicting him of the crimes of criminal possession of a weapon in the second degree, two counts, and reckless endangerment in the first degree.
Defendant’s conviction stems from an incident which occurred on the morning of October 26, 2014 near the Cedar Street Deli in Kingston. At that time, following a brief conversation with the victim, the defendant fired seven shots in her direction from his .40 caliber handgun. The victim was not struck but police discovered seven separate bullet holes in her vehicle.
Following his conviction, the defendant was sentenced in County Court to concurrent determinate maximum sentences of 15 years followed by five years of postrelease supervision on his weapons possession convictions and a concurrent indeterminate term of two and one-third to seven years on his reckless endangerment conviction.
On appeal, the defendant challenged a number of the Court’s rulings, arguing that the trial court abused its discretion by denying multiple motions for a mistrial and that its Molineux ruling was incorrect. He also maintained that County Court’s imposition of maximum concurrent sentences on his dual convictions of criminal possession of a weapon in the second degree were unduly harsh and excessive. Upon review, each of these claims were rejected by the Appellate Division, Third Department.
On appeal, the defendant is represented by Cliff Gordon, Esq. of Monticello, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.