ALBANY – Community activist Ismail Shabazz has lost the appeal of his conviction. The Appellate Division of State Supreme Court, Third Department, in Albany, affirmed the Kingston resident’s conviction and sentence.
Shabazz had been charged in a 16-count indictment with crimes pertaining to his unlawful possession and sale of firearms between May 2014 and May 2015. He pled guilty in State Supreme Court in Kingston to attempted criminal sale of a firearm and was sentenced to two years in state prison followed by three years of post-release supervision.
As part of his plea, he agreed not to appeal.
Prior to sentencing, his defense counsel was relieved of representing him and the Ulster County Public Defender’s Office was assigned. The new counsel moved to withdraw the plea contending Shabazz was ill and under the influence of cough medicine that may have adversely interfered with prescription drugs.
Shabazz then expressed dissatisfaction with assigned counsel and requested new counsel, a move denied by the court. He then indicated he wished to proceed with his guilty plea.
In his appeal, Shabazz maintained his plea was involuntary and that he received ineffective counsel. He also argued that Supreme Court abused its discretion in denying his motion to withdraw his plea.
The appeals court rejected all arguments and affirmed the judgment of the Supreme Court.
