A state appellate court has unanimously upheld the Jefferson County Court conviction of a Bronx man for selling cocaine in Watertown.
Anthony C. Jackson Jr., 28, is serving a five-year state prison sentence at Butler Correctional Facility, Dutchess County, after being convicted in October 2010 of two counts of third-degree criminal possession of a controlled substance and single counts of second- and third-degree criminal sale of a controlled substance.
After a May 2010 mistrial because of a hung jury, in October 2010 a jury convicted him of selling cocaine twice in mid-August 2009 in the city.
He appealed the verdict to the state Appellate Division, Fourth Department, arguing that a pretrial ruling by Judge Kim H. Martusewicz caused him not to testify on his own behalf. Judge Martusewicz had ruled that prosecutors could not submit evidence related to a prior, uncharged drug sale by Mr. Jackson, but that the evidence would be allowed if Mr. Jackson testified about the sale himself. The appellate court determined that Judge Martusewiczs decision was proper.
Mr. Jackson further argued that the lower court should have precluded three police officers from offering identification testimony at the trial, but the appellate court again determined that the County Court decision was proper, as was the courts decision to allow prosecutors to play audio recordings of the controlled drug sales.
Finally, the appellate court determined that Mr. Jacksons sentence was not unduly harsh or severe.