High court upholds two guilty convictions

By Amaris Elliott-Engel / The Citizen

Friday, February 11, 2005 11:39 PM EST

Two Cayuga County defendants had the appeals of their cases denied last week by the New York State Supreme Court Appellate Division Fourth Department.
David Trapp, 22, with a last known address of 28 Cayuga St., Auburn, had his appeal of his 2001 first-degree robbery conviction denied.

Trapp pleaded guilty to robbing the Cleantown Laundry in Seminary Plaza and holding a knife to an elderly clerk's throat in March 2001. He was sentenced at the time by Cayuga County Judge Peter Corning to a 15-year term.

In Trapp's appeal, defense attorney David Elkovitch argued that Trapp should have been allowed to withdraw his plea because he was not able to pursue the defense of mental disease or defect.

The appellate division ruled that nothing raised the possibility of that defense and that Trapp himself denied - while pleading guilty in 2001 - that he had a mental disability that would affect his ability to voluntarily plead guilty. The appellate division also ruled the sentence was not harsh or severe.

At the time of Trapp's sentencing, his defense attorney, Kevin Taylor, said he needed medication for his mental problems.

Trapp's codefendant, David Coughlin, 21, had the appeal of his conviction denied in 2002.

Stanley Howard, 25, with a last known address of Syracuse, had his appeal denied of a 2002 conviction of two counts of third-degree criminal sale of a controlled substance and two counts of third-degree criminal possession of a controlled substance.

Howard was convicted in a nonjury trial in 2002 on four counts of selling $100 worth of cocaine.

He was convicted on drug trafficking charges after being convicted in a 2002 jury trial of charges related to an incident where Howard and a codefendant, Levaughn McArthur, broke into a Market Street residence while carrying a loaded semi-automatic handgun and a knife, held the weapons to the heads of two female victims, stole their jewelry and ransacked the apartment.

In Howard's appeal, Elkovitch argued that the evidence in the case was not sufficient to support Howard's conviction. Elkovitch also argued that Howard was denied effective assistance from his defense lawyer at the time because the lawyer did not call witnesses or present evidence that Howard allegedly was in New York City or en route to New York City at the time the crimes were committed.

The appellate division ruled that the court record does not show the reasons why such witnesses or evidence were not presented, and - based upon legal precedent - the division must assume the reasons they were not presented was because of a sound trial strategy.

Howard also filed a brief of his own, but the appellate division ruled that the brief did not have merit.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net

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