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.