Saugerties man convicted in Ulster break-in loses appeal

A Saugerties man convicted of burglarizing a town of Ulster home while its residents were sleeping and then taking off in their car lost an appeal of his conviction Thursday, April 8.

The state Supreme Court’s Appellate Division, Third Department, on Thursday unanimously affirmed the December 2015 conviction of Marc Daniels, age not available.

After pleading guilty to burglary, a felony, in Ulster County Court, Daniels was sentenced by former County Judge Donald A. Williams in December 2015 to seven years in prison and five years of post-release supervision.

In the early morning hours of July 12, 2014, Daniels admitted in court to “knowingly and unlawfully” entering a residence in the town of Ulster and then stealing “several items” and a debit card before leaving in the residents’ Audi TT Coupe, the Ulster County District Attorney’s Office said Thursday.

Daniels allegedly used the victim’s debit card to fill the car with gas but abandoned it a short time later, the DA’s office said.

In satisfaction of a three-count indictment, Daniels, who had a prior felony conviction record, pleaded guilty to burglary and waived his right to appeal in exchange for the seven-year prison sentence.

He was also ordered to pay $465 in restitution, authorities said.

On appeal, while Daniels challenged the validity of his appeal waiver, whether his plea was really voluntary and the severity of his sentence, the appellate court found his waiver “in all respects knowing, voluntary and intelligent,” the DA’s office said. The appellate court also rejected Daniels’ attack on the voluntary nature of his plea and his argument that the sentence was unduly harsh and excessive.

On appeal, Daniels was represented by Donna Maria Lasher. Ulster County Assistant District Attorney Joan Gudesblatt Lamb handled the appeal for the DA’s Office.