KINGSTON – The Appellate Division Third Department unanimously affirmed the January 2014 conviction of Danyl Burger on tgwo counts of criminal possession of a controlled substance in the third degree, two counts.
The conviction stemmed from a traffic stop in the Town of Lloyd on July 18, 2012. The defendant’s car was pulled over near the Mid-Hudson Bridge by a state trooper. During the stop, the Trooper noticed a knotted plastic bag in plain view which contained crack cocaine and defendant was arrested.
As a second felony offender, defendant was later sentenced by County Court Judge Donald A. Williams to an aggregate prison term of eight years to be followed by three years of post-release supervision.
On appeal, Burger he was denied meaningful representation. However, the Third Department rejected this assertion.