Man rejects plea offer, elects to proceed to trial on assault charges
NORWICH – A man facing felony charges opted to reject an offer proposed by the Chenango County District Attorney’s office and proceed to trial.
The Chenango County Court convened for a morning session on Monday, Aug. 22, where the case of Kevin M. Fernandez was heard. First Assistant District Attorney Michael D. Ferrarese represented the people of Chenango County in the matter, while attorney John Cameron was assigned to represent the defendant. The Honorable Judge Frank B. Revoir Jr. presided over proceedings.
Fernandez, 26, of Fabius, appeared in court on an outline of a plea deal proposed by the District Attorney's Office. He faces charges of assault in the second degree, a class D felony; and assault in the third degree, a class A misdemeanor.
These charges stem from an incident dating back to March 15, 2016, in the Town of Lincklaen. Fernandez allegedly punched an individual in the face with a closed fist, causing the victim to suffer a fracture to their left cheekbone and left orbital eye socket, which required surgery.
In the proposed disposition, Fernandez would enter a plea of guilty to the top charge of assault in the second degree, a class D felony. In return for his guilty plea, Fernandez would be sentenced as a predicate felon to serve a determinate three years in the New York State Department of Corrections, followed by 5 years post-release supervision.
Due to Fernandez's previous felony conviction, Judge Revoir explained that if he were to reject the plea deal, his possible exposure on the charges, if he were convicted after a trial, could be anywhere from three to seven years in the NYS Department of Corrections.
Fernandez did still elect to reject the DA's offer, and the defense announced that it was ready to proceed to trial. Cameron asked the court for 15 days to file his final motions before trial, and Ferrarese said that for those 15 days, the offer was still on the table for Fernandez, if he chooses to change his mind.
The Chenango County Court convened for a morning session on Monday, Aug. 22, where the case of Kevin M. Fernandez was heard. First Assistant District Attorney Michael D. Ferrarese represented the people of Chenango County in the matter, while attorney John Cameron was assigned to represent the defendant. The Honorable Judge Frank B. Revoir Jr. presided over proceedings.
Fernandez, 26, of Fabius, appeared in court on an outline of a plea deal proposed by the District Attorney's Office. He faces charges of assault in the second degree, a class D felony; and assault in the third degree, a class A misdemeanor.
These charges stem from an incident dating back to March 15, 2016, in the Town of Lincklaen. Fernandez allegedly punched an individual in the face with a closed fist, causing the victim to suffer a fracture to their left cheekbone and left orbital eye socket, which required surgery.
In the proposed disposition, Fernandez would enter a plea of guilty to the top charge of assault in the second degree, a class D felony. In return for his guilty plea, Fernandez would be sentenced as a predicate felon to serve a determinate three years in the New York State Department of Corrections, followed by 5 years post-release supervision.
Due to Fernandez's previous felony conviction, Judge Revoir explained that if he were to reject the plea deal, his possible exposure on the charges, if he were convicted after a trial, could be anywhere from three to seven years in the NYS Department of Corrections.
Fernandez did still elect to reject the DA's offer, and the defense announced that it was ready to proceed to trial. Cameron asked the court for 15 days to file his final motions before trial, and Ferrarese said that for those 15 days, the offer was still on the table for Fernandez, if he chooses to change his mind.
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