S.Falls gang assault defendants argue appeal

On Monday, April 4, 2011, a five-judge panel of the Appellate Division of N.Y.S. Supreme Court in Rochester heard arguments in a Seneca Falls gang assault case from the attorneys for defendants Marvin Snyder and William Meacham and from Seneca County District Attorney Barry Porsch.In December 2009, Snyder and Meacham were convicted after a jury trial of gang assault in the first degree, a class B violent felony, after attacking Adrian Porter on September 26, 2008 at the Hunter’s Run apartment complex on Peterman Road in Seneca Falls. Seneca County Court Judge Dennis Bender sentenced Snyder and Meacham to 13 years and 14 years, respectively, in State prison. Porter was attacked after he posted William Meacham’s registered sex offender photograph at the apartment complex. Porter suffered severe head injuries and was unable to testify at trial.On appeal, Snyder’s attorney, Charles Greenberg of Buffalo, argued that the court improperly consolidated the indictments for a joint trial, the conviction is not supported by sufficient evidence, Snyder’s actions were justified, the court erred in not granting a mistrial, the court erred in not granting Snyder’s motion to set aside the verdict, and the sentence is excessive.Meacham’s attorney, John Tyo of Shortsville, argued that the evidence was legally insufficient to support the conviction, the verdict was against the weight of the evidence, the court’s jury charge was improper, the court improperly penalized Meacham for exercising his right to a trial, and the sentence is unduly harsh.District Attorney Barry Porsch argued against the defendants’ contentions. Porsch submitted a 2,000 page record for the Court’s review. The Appellate Court is expected to issue a decision in 4 to 8 weeks.