Appeals court upholds weapons possession conviction

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KINGSTON – The Appellate
Division of State Supreme Court, Third Department, has affirmed the February
2015 conviction of Malcolm Jemmott, who was convicted of two charges of
criminal possession of a weapon.

Jemmott’s conviction stems from an incident that occurred in the
City of Kingston in September 2010 when he threatened a victim, Danita
Brocious, with a loaded gun.

The gun was later seized from a minivan parked nearby.

Following his conviction, Jemmott was sentenced to up to 15 years in state
prison plus five years of post-release supervision.

On appeal, he claimed the county court erred in failing to suppress photos
of a gun that were found in his cell phone pursuant to a warrant issued
by a judge in Kingston City Court. The Appellate Division agreed but concluded
the error was harmless in light of the overwhelming proof linking him
to the gun seized from the vehicle.

Jemmott also maintained the verdict was against the weight of evidence,
that the county court should have allowed his attorney to cross examine
the lead detective about a purported prior arrest and that the sentence
was unduly harsh and excessive. All of those claims were rejected by the
appellate court.