Ulster drug conviction upheld

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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. 




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