KINGSTON – A man who was convicted in Ulster County Court to armed
robbery has had his conviction upheld by the Appellate Division of State
Supreme Court.
The conviction of Patrick Ferguson stemmed from an incident in the evening
of May 20, 2012 during which the victim was approached and attacked at
knifepoint by Ferguson and co-defendant Rosie Ramirez, near Broadway and
Downs Street in the City of Kingston.
After the victim was accosted, a knife was put to his throat and he was
forced into the first floor apartment at 190 Tremper Avenue where Ferguson
and Ramirez lived. Once inside, a violent struggle ensured during which
Ferguson was cut by the knife. The victim eventually managed to escape,
but only after Ferguson stole his valuables including cash and a gold
ring.
Following his conviction, Ferguson was sentenced to 10 years in state
prison and five years of post-release supervision.
On appeal, Ferguson attacked the validity of the search warrant executed
by Kingston City Police and argued there was no basis to justify the issuance
of an all-hours warrant.
The appellate court disagreed saying the nighttime search of his apartment
was reasonably necessary because of the potential loss of evidence which
was essential to the continued progress of the investigation and whereabouts
of the suspects were still unknown.
