The state Appellate Division in the Fourth Judicial Department has denied the appeal of a man convicted of selling drugs in Cayuga County, but it did reduce his prison sentence.
Shabazz Vasquez, 33, of Rochester, was convicted in 2004 of third-degree criminal sale of a controlled substance, drug possession charges and fourth-degree conspiracy by a Cayuga County jury and sentenced to 12 1/2 to 25 years in state prison.
Vasquez was arrested after undercover officers witnessed him selling crack cocaine in Auburn.
Vasquez appealed the conviction on six points, including arguments that the court abused its discretion by allowing the prosecution to question him about a previous rape conviction, according to the two-page decision released Friday. The defense also argued that the evidence was not legally sufficient to support the convictions, and that Vasquez's original defense attorney had a conflict of interest.
While the appeals court upheld the convictions, the sentence was reduced to 7 1/2 to 15 years. According to the decision, the original sentence was “unduly harsh and severe” for the conviction because of the “small quantity of cocaine possessed and sold by the defendant.”
District Attorney James Vargason referred to the decision as a “victory” in a statement released Monday, adding that drug dealing will not be tolerated in this community.
Vasquez is serving his time at Clinton Correctional Facility in Dannemora.
Vasquez was arrested after undercover officers witnessed him selling crack cocaine in Auburn.
Vasquez appealed the conviction on six points, including arguments that the court abused its discretion by allowing the prosecution to question him about a previous rape conviction, according to the two-page decision released Friday. The defense also argued that the evidence was not legally sufficient to support the convictions, and that Vasquez's original defense attorney had a conflict of interest.
While the appeals court upheld the convictions, the sentence was reduced to 7 1/2 to 15 years. According to the decision, the original sentence was “unduly harsh and severe” for the conviction because of the “small quantity of cocaine possessed and sold by the defendant.”
District Attorney James Vargason referred to the decision as a “victory” in a statement released Monday, adding that drug dealing will not be tolerated in this community.
Vasquez is serving his time at Clinton Correctional Facility in Dannemora.
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interested wrote on Oct 3, 2007 6:50 AM: