Originally Posted - July 2, 2006

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WARREN COUNTY---Warren County Court Judge John Hall found out he doesn't have more power than the U.S. Constitution.

Hall, rapidly becoming known for his denials of defendant's constitutional rights, got slapped again last week when the Appellate Division, Third Department, vacated a sentence imposed by Hall because of his denial of the defendant's due process rights.

The defendant's assigned counsel didn't uphold his constitutional rights either, trying to claim the man's constitutional claim was frivolous.

His new counsel, Susan Lyn Preston of Westerlo, represented defendant Clifford Pierre in his appeal from a judgment rendered by Hall in July 28, 2004, who resentenced Pierre following his conviction for criminal possession of a controlled substance in the third degree.

Pursuant to a negotiated plea agreement, Pierre had pleaded guilty to the drug charge and was sentenced as a second felony offender to 5 to 10 years in prison. Following an appeal, the sentence was vacated due to the failure of the Warren County district attorney's office and district attorney Kate Hogan to file a second felony offender statement. The matter was remitted to County Court and Judge Hall for resentencing.

At resentencing, prosecutors filed the requisite statement and Pierre acknowledged receiving it. Although he admitted through counsel the allegations contained in the statement, his counse, unnamed in the court decision, l advised the court "just for the record, my client has informed me that he intends to challenge the constitutionality of the conviction that he just acknowledged".

Despite knowing that a constitutional challenge had been raised, Hall made no further inquiry and did not hold a hearing on the issue, instead ruling that he was empowered to sentence him as a second felony offender and he could raise the constitutionality of his first conviction on appeal.

Thereafter, Pierre's counsel asked to be relieved as his counsel saying that there were no non-frivolous issues to be raised on appeal. The Appellate Division disagreed, relieving Pierre's former counsel and assigning Preston.

Following the perfection of the appeal, the Appellate Court has now ruled that Hall was required to have made an inquiry to ascertain the nature of Pierre's constitutional challenge and afforded him the opportunity to specify the basis for it. The Court held that because Hall failed to uphold Pierre's constitutional rights, they vacated the sentence imposed by Hall and remitted the matter to the Warren County for further proceedings.

Representing the district attorney's office in the loss was Emilee Davenport.
http://www.courts.state.ny.us/reporter/3dseries/2006/2006_05163.htm
07-02-06

© 2006 North Country Gazette