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Inmate appeal of Seneca Co. conviction denied

On December 30, 2010, the Appellate Division Court in Rochester rejected a criminal appeal by Nathaniel Martin, who was convicted in 2009 after a trial in Seneca County Court of promoting prison contraband in the first degree and criminal possession of a weapon in the third degree, both class D felonies. The charges stemmed from Martin, while being confined at Five Points Correctional Facility, possessing a handcrafted knife in his cell. The County Court (Dennis F. Bender, J.) sentenced Martin, as a second felony offender, to a term of incarceration of 3 to 6 years, to be served consecutively with a sentence Martin was serving on a manslaughter conviction out of Queens County.On appeal, Martin, through his appellate counsel, Steven J. Getman, Esq., argued that he was denied his right to effective assistance of trial counsel and that his sentence was excessive. Seneca County District Attorney Barry Porsch opposed the appeal. The Appellate Court sided with Porsch and unanimously affirmed the conviction, holding that the defendant received meaningful representation and that the sentence was not unduly harsh or severe. Martin, currently housed at Clinton Correctional Facility, will be eligible for parole in 2019.

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