Former area ‘kingpin’ sentenced to 39 years granted retrial
NORWICH – Michael A. Victor Jr, who was found guilty in Chenango County Court in 2010 on ten counts including narcotic sales and firearms possession, has returned to Norwich to appear in court on Monday after being granted a retrial.
As decided by the Appellate Division of the Supreme Court of New York on May 5, 2016, one of the ten counts was dismissed, and Victor is to receive a new trial on the remaining nine counts that he faced after his initial arrest in 2010.
Once the guilty verdict was returned, Victor was sentenced to 39 years in state prison.
In an article published directly following the trial, Chenango County District Attorney Joseph McBride said, “Mr. Victor was a big problem in our area ... not only did he live off the distribution of narcotics in our area, but people purchasing his products committed numerous crimes to pay for his cocaine. Not only is it an appropriate punishment for Mr. Victor, but it will serve as a message to those outside of our community that, as a result of that business, you will go to state prison.”
According to McBride, Victor was “not only in the business of selling cocaine, he was very proficient at it,” having more than $10,000 in cash on his person at the time of his arrest.
Former County Court Judge W. Howard Sullivan presided over the case. At the time of sentencing he said Victor was the “kingpin” in the Chenango County area.
Victor appealed his conviction.
Per the decision released early this month, it was ordered, “that the judgment is reversed, on the law, count 10 of the consolidated indictment dismissed, and the matter remitted to the County Court of Chenango County for a new trial on the remaining nine counts of the consolidated indictment.”
The decision further states, “With respect to Court exhibit No. 5, we conclude that County Court committed a mode of proceedings error … The court had an affirmative obligation to read exhibit No. 5 verbatim so that the parties had the opportunity to accurately analyze the jury's question and frame intelligent suggestions for the court's response … Accordingly, as County Court committed a mode of proceedings error as to exhibit No. 5, we must remit for a new trial on counts 1 through 9 of the consolidated indictment.”
Court exhibit No. 5 involved a note from the jury regarding a question they asked during deliberations. It was stated, “[W]hen a trial court paraphrases a jury note or omits a key term, thereby failing to provide counsel with meaningful notice of the precise content of a substantive juror inquiry, a mode of proceedings error occurs, and reversal is therefore required even in the absence of an objection.”
McBride was contacted for comment regarding this decision early Friday morning.
“I am disappointed in the Appellate Division’s decision,” McBride said. “The reason for the reversal does not appear in any reason to have adversely affected the defendant’s right to a fair trial.”
McBride said, “We are asking the Court of Appeals to review the Appellate Division’s decision to revisit the legal issue of Mode of Proceedings Errors.”
Victor is currently held at the Chenango County Correctional Facility without bail or bond and is to appear in court on Friday.
As decided by the Appellate Division of the Supreme Court of New York on May 5, 2016, one of the ten counts was dismissed, and Victor is to receive a new trial on the remaining nine counts that he faced after his initial arrest in 2010.
Once the guilty verdict was returned, Victor was sentenced to 39 years in state prison.
In an article published directly following the trial, Chenango County District Attorney Joseph McBride said, “Mr. Victor was a big problem in our area ... not only did he live off the distribution of narcotics in our area, but people purchasing his products committed numerous crimes to pay for his cocaine. Not only is it an appropriate punishment for Mr. Victor, but it will serve as a message to those outside of our community that, as a result of that business, you will go to state prison.”
According to McBride, Victor was “not only in the business of selling cocaine, he was very proficient at it,” having more than $10,000 in cash on his person at the time of his arrest.
Former County Court Judge W. Howard Sullivan presided over the case. At the time of sentencing he said Victor was the “kingpin” in the Chenango County area.
Victor appealed his conviction.
Per the decision released early this month, it was ordered, “that the judgment is reversed, on the law, count 10 of the consolidated indictment dismissed, and the matter remitted to the County Court of Chenango County for a new trial on the remaining nine counts of the consolidated indictment.”
The decision further states, “With respect to Court exhibit No. 5, we conclude that County Court committed a mode of proceedings error … The court had an affirmative obligation to read exhibit No. 5 verbatim so that the parties had the opportunity to accurately analyze the jury's question and frame intelligent suggestions for the court's response … Accordingly, as County Court committed a mode of proceedings error as to exhibit No. 5, we must remit for a new trial on counts 1 through 9 of the consolidated indictment.”
Court exhibit No. 5 involved a note from the jury regarding a question they asked during deliberations. It was stated, “[W]hen a trial court paraphrases a jury note or omits a key term, thereby failing to provide counsel with meaningful notice of the precise content of a substantive juror inquiry, a mode of proceedings error occurs, and reversal is therefore required even in the absence of an objection.”
McBride was contacted for comment regarding this decision early Friday morning.
“I am disappointed in the Appellate Division’s decision,” McBride said. “The reason for the reversal does not appear in any reason to have adversely affected the defendant’s right to a fair trial.”
McBride said, “We are asking the Court of Appeals to review the Appellate Division’s decision to revisit the legal issue of Mode of Proceedings Errors.”
Victor is currently held at the Chenango County Correctional Facility without bail or bond and is to appear in court on Friday.
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