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State appellate court says Potsdam man will stay in prison

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POTSDAM - A Potdam man convicted in 2010 of felony second-degree assault and sentenced to 12 years to life will not leave prison, according to a state appellate court ruling Thursday.

David E. Clemons, 47, was sentenced in February 2010 in St. Lawrence County Court by Judge Jerome J. Richards after admitting to stabbing Brett A. Burk, of Ogdensburg.

The stabbing occurred Oct. 9, 2007 during an altercation on Morris Street, Ogdensburg. Mr. Burke was stabbed once in the back, suffering a punctured lung.

As part of Clemon’s plea, he signed a waiver of right to appeal. The appellate court wrote that Clemons understood the waiver.

Clemons was sentenced as a repeat felony offender for convictions in June 1989 for a third-degree criminal possession of a weapon count in Seneca County Court and May 1995 in St. Lawrence County Court for second-degree burglary.

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