PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JUNE 13, 2019
The Appellate Division, Third Department has unanimously affirmed judgments of convictions in the following cases:
People v Kevin Elder
Kevin Elder was convicted in the Ulster County Court upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree, two counts, rendered October 13th and 27th, 2016.
On the afternoon of June 6, 2015, Ulster County Sheriff’s Deputies stopped a vehicle in which defendant was a passenger based upon information police obtained from another individual in the car that defendant had travelled to Brooklyn the previous day and procured drugs during the trip and had hidden them in his apartment. Deputies obtained a search warrant and later conducted a search of the premises. During the search of defendant’s apartment, police found 10 grams of cocaine, 12 grams of heroin and a small quantity of methadone pills, as well as drug packaging paraphernalia.
Following a suppression hearing, defendant, a prior felony offender, pled guilty to two counts of criminal possession of a controlled substance in the third degree and was subsequently sentenced by County Court Judge Donald A. Williams to concurrent determinate eight year State prison terms to be followed by three years of postrelease supervision.
On appeal, defendant challenged the Court’s suppression ruling and argued that the sentence imposed by County Court was unduly harsh and severe. He also claimed that his plea was not knowingly, voluntarily and intelligently entered and that he was denied meaningful representation. The Appellate Division, Third Department, however, rejected each of these claims.
On appeal, the defendant is represented by Craig S. Leeds, Esq. of Albany, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
People v Zuri Ahmad Thacker
Zuri Ahmad Thacker was convicted in the Ulster County Court upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree rendered July 12, 2017.
In December, 2016, defendant was charged by an Ulster County Grand Jury with three counts of criminal sale of a controlled substance in the third degree stemming from three separate sales of heroin on October 24, 2014. Defendant subsequently pled guilty to one count of criminal sale of a controlled substance in the third degree in full satisfaction of all charges in exchange for an agreement by County Court to cap the sentence at six years in State prison followed by three years postrelease supervision. Defendant also waived his right to appeal.
Defendant, a second felony offender, was sentenced by County Court Judge Donald A. Williams to six years in State prison followed by three years of postrelease supervision, but later moved to vacate his judgment of conviction, alleging that he had been denied meaningful representation.
On appeal to the Appellate Division, Third Department, defendant claimed that he was denied the effective assistance of counsel and that the sentence imposed by County Court was unduly harsh and severe. The Appellate Division rejected these claims.
On appeal, defendant is represented by Donnial K. Hinds, Esq. of Albany, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.