CANTON — A Canton judge refused to vacate the conviction or set aside a sentence of a Lisbon man sent to prison for second-degree attempted assault and fourth-degree grand larceny.

Raymond C. Miller Sr., 38, was sentenced in June to 20 to 40 months for punching another inmate while in the St. Lawrence County Correctional Facility and stealing a GPS in unrelated cases.

In a three-page decision handed down April 19, Judge Jerome J. Richards wrote that Mr. Miller did not have any factual allegations with regards to misconduct from prosecutors.

Judge Richards also wrote that any new evidence cannot vacate the judgment because the convictions did not come from a trial, court documents said.

Mr. Miller is also appealing his case through the state appeals court.

According to the state Department of Corrections and Community Supervision, Mr. Miller’s earliest release date is November 2014.

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