Appellate Division upholds two sentences in Cayuga County

Cayuga County District Attorney Jon Budelmann announced the affirmation of two Fourth Department of Appellate Division decisions after prosecution and sentencing from his office.

On September 1st, 2016 Jermaine Gotham pleaded guilty to first-degree burglary, second-degree robbery, and second-degree kidnapping — in addition to two counts of second-degree burglary and one count of second-degree attempted burglary. Budelmann says three separate residential burglaries ultimately led to a violent home invasion burglary, robbery and kidnapping, which took place in Cayuga County.

He and a co-defendant had kicked in the exterior doors and stormed into the 73-year-old female victim’s home in the middle of the night. They disguised their faces with bandanas and ransacked the victim’s home.

The co-defendant repeatedly struck the victim, then the two abducted the elderly victim in her own car, while clad only in her pajamas. The plan was to force her to withdraw cash from an ATM, but they crashed her car almost immediately on Clark Street causing her serious physical injury.

On March 4th, 2014 Jamel B. McIntosh was convicted following a jury trial on two counts of second-degree robbery. In this incident McIntosh and a co-defendant approached a victim outside of Wegmans. That victim, according to Budelmann proudly showed a piece of glass artwork he had recently finished, and the two men punched him in the face multiple times.

The duo ran off with the property and McIntosh was subsequently sentenced to 12 years in prison. That conviction was upheld after appeal.

D.A. Budelmann added, “Both CADA Valdina and ADA Casselman did an excellent job responding to these two complicated appeals. Gotham’s lengthy prison sentence for his role in terrorizing this elderly female victim in her own home and then participating in her violent abduction was appropriate and necessary to protect the community from this violent felon.”

He continued, “We are pleased and gratified that the Appellate Division agreed with the Trial Court and rejected the defendant’s demand for a reduced sentence. So too, McIntosh’s lengthy and violent criminal history culminated in this robbery of an innocent victim. He refused to accept responsibility, putting this victim through a trial and deserved the significant prison sentence imposed. The Appellate Division’s affirmed his conviction and sentence in their entirety, which was very good news for this community.”

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