KINGSTON – The Appellate Division, Third Department of State Supreme Court has unanimously affirmed the July 2014 conviction of Donald Fairweather, Jr., who pled guilty to vehicular manslaughter.
Fairweather was driving his vehicle at a high rate of speed on September 25, 2013 while drunk and struck an oncoming vehicle causing the death of Vadim Mushtak, 65, and causing serious injuries to his wife.
Fairweather was indicted on several charges and pled guilty to vehicular manslaughter, waiving his right to appeal. He was sentenced in Ulster County Court to five to 15 years in state prison with a recommendation that he serve the full 15 years.
On appeal, he argued the sentence was harsh and excessive and that he was denied effective legal counsel.
Both claims were rejected by the appeals court.
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