Appeal denied in case of crash that killed trooper
Thu, 25 Mar 2010 16:04:16 GMT —
A man blamed for the death of a New York State Trooper lost his appeal Thursday.
In a 5-2 decision, the State Court of Appeals rejected an appeal of conviction by James Carncross. Carncross was convicted in 2006 of aggravated criminally negligent homicide and reckless driving in the death of New York State Trooper Craig Todeschini. Trooper Todeschini died when he lost control of his State Police SUV while pursuing Carncross, who was speeding on his motorcycle along Route 91 in Pompey.
Carncross' attorney had based his appeal before New York State's highest court on three issues:
- The prosecution had contended that the act of Carncross speeding on the motorcycle was sufficient enough to lead to a charge of criminally negligent homicide because the trooper died chasing Carncross.
- The appeal also contended that Carncross received bad advice from an attorney when he made statements to State Police investigators.
- Trial Judge William Walsh erred by denying Carncross his choice of an attorney. Walsh had refused to let Carncross use the same attorney that represented his father and girllfriend when they testified before a grand jury, noting a possible conflict of interest.
The justices rejected the claims of Carncross and his attorney, and upheld the conviction against him.