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Toussaint Davis attorney files 80-page, eight item appeal
UTICA, N.Y. (WKTV) - An appeal is underway in the case of of Toussaint Davis, the man who is currently serving a 300-year sentence in the death of New Hartford Police Officer Joseph Corr. His attorney has filed an 80-page brief on behalf of Toussaint Davis, alleging eight grounds for appeal.
Four of the eight issues relate to a judge sentencing Davis consecutively for all of his crimes, thereby adding up to 300 years in prison.
The appeal also challenges the statute that does not prohibit judges from being grand jurors; you may recall Supreme Court Justice Bernadette Romano was on the grand jury that indicted Davis.
Finally, attorneys are appealing the charge of felony murder, claiming that Davis was in custody before the shot that killed Officer Corr.
Prosecutors are in the process of responding to the appeal; attorneys for both sides will argue their cases at the Appellate Court division in Rochester in October. There should be a decision on the appeal by the end of the year.