Saturday
December 2, 2017


 

 

 

Appeals court upholds conviction, sentence for predatory sexual assault of child

MONTICELLO – The Appellate Division, Third Department, of State Supreme Court has affirmed the conviction of a South Fallsburg man, Noel Russell, for the predatory sexual assault of an 11-year-old child.

The appellate court rejected all of Russell’s arguments on appeal, including his contention that the sentence of 50 years to life in prison, imposed by Sullivan County Court Judge Frank LaBuda, was excessive.

The county court jury found Russell guilty in the summer of 2014 of engaging in a course of sexual conduct with an 11-year-old girl over of period of six months beginning in September 2010 and continuing through March 2011and engaging in a criminal sexual act with the same child in July 2010.

Russell was charged with predatory sexual assault because he had a prior rape conviction in 2005 that served as a basis to enhance the penalties he faced as a repeat sexual offender.

Russell was arrested in March 2011 after an investigation by the Sullivan County Family Violence Response team.

Sullivan County District Attorney James Farrell said Russell’s actions “were devastating to the young victim and the sentence sought by my office, handed down by the trial court and upheld by the appellate court was proper and just. This defendant will never hurt another child ever again as he will properly spend the rest of his life behind bars.”

 


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