LIVINGSTON COUNTY – An inmate at the Livingston County Jail who is accused of attacking and injuring another inmate in the Jail bathroom again refused an offer by the District Attorney’s Office in court on Tuesday.
Brian Strapp, 31, was serving a sentence for Petit Larceny when he was additionally charged with Assault in the Second Degree in February, and now refuses to accept a plea offer for 1 1/2 to 3 years in state prison.
“Inasmuch as I believe, local jail is off the table, but my client wishes me to request 6 months’ local jail time on his behalf,” said Assistant Public Defender John D’Arpino. “I have explained to him that the DA’s Office is seeking second violent felony offender status and that they have already offered a plea to Attempted Assault, making the offer for an indeterminate rather than determinate amount of time.”
Assistant Public Defender D’Arpino requested that Judge Robert Wiggins review the Grand Jury minutes that led to Strapp’s indictment, and that a Huntley Hearing be scheduled to evaluate the admissibility of Strapp’s statements to police at trial, should the matter proceed to trial.
District Attorney Greg McCaffrey indicated that he is not opposed to this but that the statements recorded by police are actually helpful to the defense.
According to the NYS Department of Corrections, Strapp served a sentence in state prison for Attempted Burglary in the Second Degree, starting in 2005.
PHOTO CAPTION: (Photo/Livingston County Sheriff’s Office)
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