Local man denied appeal

A local man’s request to be let out of Saratoga County Jail, pending his appeal of a jail sentence for driving under the influence of drugs during a fatal car crash, was denied last week.
Marcus R. Young, 26, was convicted in March of misdemeanor and noncriminal convictions stemming from the deadly accident and was sentenced last month to a 1-year-and-15-day jail sentence.
Young was charged with charged with manslaughter and vehicular manslaughter in connection with a Jan. 20, 2013, crash in West Charlton that claimed the life of 50-year-old Glenn L. Smith.
Young was accused of driving under the influence of alcohol when he crossed the center line and stuck a car driven by Smith. Following the crash, police found a small bag of heroin and a marijuana pipe in Young’s car and he failed a standard field sobriety test. A subsequent blood test found morphine, oxycodone and marijuana in his system.
Prosecutors, however, were unable to convince jurors that the drugs levels found in his system were high enough to cause Young to be impaired and he was acquitted on the manslaughter charges. The jury did find there was sufficient evidence to convict Young of driving while ability impaired by drugs, driving under the influence of combined drugs or drugs and alcohol, and unlawful possession of marijuana.
On May 14, a Saratoga County judge imposed a 1-year-and-15-day prison sentence.
William Montgomery, Young’s lawyer, argued the sentence was excessive and asked Stan Pritzker, a State Supreme Court Justice, to stay the sentence, pending appeal. He argued Young would serve most of the prison sentence while awaiting appeal.
Pritzker, however, ruled that because Young’s “crime included a death,” the sentence was not excessive. He also wrote that Young’s criminal record, which included a misdemeanor plea in relation to a burglary, repeated positive results on drugs tests while on probation and his denial he had a substance abuse problem put him at an “elevated risk” of re-offending.




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