State appellate court denies appeals

By The Citizen staff report

Tuesday, July 10, 2007 9:09 AM EDT

Cayuga County District Attorney James Vargason successfully upheld the convictions of three defendants.
The Appellate Division, Fourth Department, unanimously affirmed the conviction of first-degree Criminal Sex Act against Richard McGrail, 55. McGrail was sentenced to 7.5 years in prison on Jan. 12, 2006.

The division also affirmed former Auburn Correctional Facility inmate Khaliq Clark's conviction of second-degree assault at a jury trial in May 2006. The court sentenced Clark, 26, to an additional seven years in prison, more than the prison sentence he was already serving for first-degree manslaughter.

Vargason also successfully defended Brian Syrell's conviction of third-degree burglary. Syrell, 19, was sentenced to prison when he failed to appear for sentencing on Jan. 3, 2006.

Prior to the sentencing, the court warned Syrell that it would sentence him in abstentia if he did not appear. Syrell didn't appear and the court imposed the prison sentence in his absence. The Appellate Division ordered Syrell remanded for sentencing because the court didn't ask the police to go look for him before it sentenced him.

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