(BINGHAMTON, NY) – New York State Supreme Court Appellate Division Third Department upheld the conviction of Michael P. Gincerowski Jr. for Vehicular Manslaughter in the First Degree and Aggravated Driving While Intoxicated. Gincerowski was convicted in 2019.
He entered a plea admitting that while driving a Ford SUV in an intoxicated condition, he struck and killed Constance Mazzarese, age 16, while she was riding her bicycle along State Route 369 in the Town of Fenton. Connie was a member of the Owego Free Academy Class of 2021. She was a member of the volleyball team, band, chorus and was participated in the Vet Tech program with BOCES.
The defendant received a sentence of 5 to 15 years in New York State prison. The Appellate Court found that his plea, sentence, and waiver of appeal rights were proper.
“Every criminal defendant has a right to appeal his or her conviction. This process sometimes takes years. Prosecutors are duty bound to follow New York State law regarding pleas and sentences. The Appellate Court found that the defendant knowingly entered his plea,” said Michael A. Korchak, Broome County District Attorney. Assistant District Attorney Benjamin E. Howlitt and Senior Assistant District Attorney Rita M. Basile handled the appeal for the District Attorney’s Office.
The Appellate Division’s Decision can be viewed online at the following web address:
https://decisions.courts.state.ny.us/ad3/Decisions/2022/112224.pdf
