An appeal denied this morning will keep Dashawn Butler locked up, at least pending further appeals.
A jury found Butler guilty Nov. 21 of guilty of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.
Judge Robert C. Noonan sentenced Butler to eight years in prison Dec. 22.
Attorney Thomas Burns filed a motion for a stay of his client's sentence pending and the appeal was heard in a telephone conference call this morning with Justice Eugene Fahey, NYS Appellate Division, Fourth Department.
District Attorney Lawrence Friedman and Burns argued their positions with Fahey, and Fahey issued his ruling at the hearing's completion.
Butler was transferred from the Genesee County Jail to the Department of Corrections on Friday, and Fahey ruled Butler will stay in the prison system while his other appeals move forward.
A new attorney will be appointed to Butler for the appeal process.
