DA's office prevails on three appeals
In cases that were decided on Friday, March 18, the regional appellate court affirmed three felony convictions prosecuted by the Genesee County District Attorney’s Office.
- Michael B. Collier’s conviction for attempted assault in the second degree was affirmed. He was convicted in 2019 of fighting with an inmate of the Genesee County Jail while both men were incarcerated there. The incident was caught on surveillance video. The Appellate Division, Fourth Department, noted “the evidence of guilt is overwhelming.” To read the full decision, click here (pdf).
- Iszon C. Richardson’s sentence was affirmed; he was convicted of burglary in the second degree in 2019 and was sentenced to five years in state prison. While pending sentencing on a previous felony charge, Richardson committed burglary and criminal contempt for being in the home of, and fighting with, the same protected party as in the prior conviction. To read the full decision, click here (pdf).
- Anthony Spencer, Jr., was convicted of gang assault in the first degree and assault in the first degree, and in 2018 was sentenced to 15 years in state prison. A witness testified at trial that Spencer, along with up to nine others, attacked the victim with a cooking pan. Batavia Police Officer Arick Perkins received the Life-Saver Award for applying a tourniquet to the victim. On appeal, Spencer argued that, among other things, his trial attorney was ineffective for allowing the jury to hear about Spencer’s nickname, “Trouble.” He also argued that the jury should have been told that Spencer could have been justified in his attack of the victim. The Appellate Division, Fourth Department, rejected Spencer’s claims of ineffective assistance of counsel and determined that “Contrary to defendant’s further contention, County Court properly denied his request for a justification instruction.” To read the full decision, click here (pdf).
The Legal Aid Bureau of Buffalo, Inc., represented all three defendants on appeal. Assistant District Attorney Robert J. Shoemaker represented the People of the State of New York on appeal in all three matters.