A man convicted of possessing drugs in Steuben County will
not receive relief from an Appellate court. The attorney for 31-year-old
Michael Irbys claimed that that his guilty plea was not knowingly,
voluntarily, and intelligently entered because, at the time of each plea, the
county court did not advise him that he would be sentenced as a second felony
offender. The Appellate court rejected that claim. Irby was arrested again last
year during drug raids in Steuben County while on parole. He’s now serving an 8
year sentence at Auburn Correctional.
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Monday, February 5, 2018
Appellate Court rejects claims in two Steuben County cases
A state court has denied the appeal of a man who was found
guilty of multiple felony crimes in Steuben County in 2015. Thomas Sharp was
convicted of grand larceny, three counts of offering a false instrument for
filing and welfare fraud. In response to the jury’s request for a read back of
the “full testimony” of the only defense witness, the stenographer did not read
the portions of the transcript in which the witness invoked her Fifth Amendment
privilege against self-incrimination. Sharp's attorney said that was an error
and the convictions should be tossed. The Appellate court disagreed; saying
Sharp was not “seriously prejudiced.”