KINGSTON – A Saugerties man who pled guilty to an October 18, 2018 charge of criminal possession of a weapon, has had his conviction overturned with the case returned to Ulster County Court.
Dennis Reese, 71-years-old at the time of his arrest, was indicted on 14 counts of drug and weapons possession.
He pled guilty to criminal possession of a weapon with the understanding he would be sentenced to five years in prison and five years of post-release supervision.
The charge to which he took the plea was premised on his possession of a loaded handgun in his home and the inapplicability of the “home or place of business” exception because he had a prior conviction.
At sentencing, Reese told the county court the gun was his and that he kept it unloaded in his bedstand drawer. County court then sentenced him to 3 ½ years in prison followed by five years of post-release supervision.
He appealed that sentencing.
The Appellate Division of State Supreme Court ruled in a June 30 decision, that the case should be returned to county court and the judgment reversed.
The justices wrote that the law to which Reese was convicted requires the possession of a “loaded firearm.” The fact that he said it was unloaded, in a drawer and not on his person negated the law.
“At that point, it was incumbent upon County Court to either ‘conduct a further inquiry or give . . . defendant an opportunity to withdraw the plea. County Court did neither and, thus, the judgment must be reversed and the matter remitted for further proceedings.”
