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NYS Appeals Court reverses conviction by Allegany County judge

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Read full decision by appeals court to overturn ruling by Judge Thomas Brown

Michael T. Baldwin Reports

A state appeals court has reversed a burglary conviction and ordered a new trial for an Alfred man. Josiah D. Gardner was twenty-nine years old when he was sentenced March 29, 2018 to seven years in prison. He was also sentenced to five years of post release supervision. He was accused of burglarizing the Village of Almond home of an elderly woman. Gardner was found guilty by a jury and sentenced by Judge Thomas P. Brown. An Appellate Court ruled that the court made multiple errors including jury instructions. The court said “Based on the two errors… we reverse the judgment and grant defendant a new trial. In light of our determination, we do not address defendant’s remaining contentions.”
Read the full ruling below:

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