The New York State Supreme Court's Appellate Division in Rochester upheld three Cayuga County Court decisions in rulings released last Friday.
In the first decision, the court rejected a Cayuga County Jail inmate's appeal after he claimed he did not escape when he fled from the jail's vegetable garden on June 19, 2006.
Troy E. Swan, 39, had two months left on his jail sentence for possession of a weapon when he escaped while tending a garden 300 feet outside the jail.
After a brief manhunt, Swan was apprehended and sentenced to 1.5 to 3 years in state prison for escaping a detention facility. Swan appealed the decision on the basis that he was already outside of the jail when he ran away and therefore could not be charged with escape from a detention facility.
The appellate court judges said they would not overturn Swan's conviction because the garden was part of the jail even though it was outside of the facility's walls.
The court also upheld a decision that charged an Auburn man of resisting arrest and obstructing government administration when he attempted to stop Auburn police officers from arresting his son in December 2004.
Keith McLaurin claimed his conviction should be thrown out because the codefendant, his son Brandon McLaurin, was found not guilty by a jury.
The judges said Keith's conviction would not be overturned because he could still be found guilty of preventing his son's arrest even if his son did not attempt to prevent his own arrest.
The court had previously upheld the conviction of Keith's partner at the time, Jamie Gerecke-McLaurin, who was convicted of assaulting and injuring police officers and resisting arrest during the same incident.
The court also released a decision that upheld the conviction of Ernest F. Ostrom on four counts of burglary.
Cayuga County District Attorney Jon Budelmann said Ostrom had bargained for a four to 12-year prison sentence when he pleaded guilty to breaking into and burglarizing four Sterling businesses and homes between 2005 and 2006.
Ostrom appealed the sentence, which was handed out by Cayuga County Judge Thomas Leone, because he claimed it was harsh and excessive.
Troy E. Swan, 39, had two months left on his jail sentence for possession of a weapon when he escaped while tending a garden 300 feet outside the jail.
After a brief manhunt, Swan was apprehended and sentenced to 1.5 to 3 years in state prison for escaping a detention facility. Swan appealed the decision on the basis that he was already outside of the jail when he ran away and therefore could not be charged with escape from a detention facility.
The appellate court judges said they would not overturn Swan's conviction because the garden was part of the jail even though it was outside of the facility's walls.
The court also upheld a decision that charged an Auburn man of resisting arrest and obstructing government administration when he attempted to stop Auburn police officers from arresting his son in December 2004.
Keith McLaurin claimed his conviction should be thrown out because the codefendant, his son Brandon McLaurin, was found not guilty by a jury.
The judges said Keith's conviction would not be overturned because he could still be found guilty of preventing his son's arrest even if his son did not attempt to prevent his own arrest.
The court had previously upheld the conviction of Keith's partner at the time, Jamie Gerecke-McLaurin, who was convicted of assaulting and injuring police officers and resisting arrest during the same incident.
The court also released a decision that upheld the conviction of Ernest F. Ostrom on four counts of burglary.
Cayuga County District Attorney Jon Budelmann said Ostrom had bargained for a four to 12-year prison sentence when he pleaded guilty to breaking into and burglarizing four Sterling businesses and homes between 2005 and 2006.
Ostrom appealed the sentence, which was handed out by Cayuga County Judge Thomas Leone, because he claimed it was harsh and excessive.
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