“Vilair Fonvil won’t be sentenced Tuesday for theft, as the judge gave the prosecutor until June to respond to the former Spring Valley trustee’s request to have multiple felony convictions and a grand jury indictment dismissed.
Fonvil claims in his dismissal motion that the prosecution lacked sufficient evidence to warrant his November conviction by the judge and the indictment leading to trial was rife with deficiencies.
County Court Judge Kevin Russo rescheduled Fonvil’s sentencing for June 12, the second adjournment to allow for the dismissal appeal.
Executive Assistant District Attorney Richard Kennison Moran said Monday that he’s preparing a response to the 66-page dismissal motion filed by Fonvil’s appellate attorney Charles Holster
“We asked for more time to respond,” Moran said. “We intend to oppose the motion.”
Fonvil faces a maximum of 15 years in prison on his Nov. 17 conviction of felony counts involving the theft of $11,000 in village funds earmarked for the summer camp program in 2016.
Russo convicted Fonvil but acquitted the camp program’s director, Jermika Depas, following a non-jury trial in the County Courthouse in New City in November.
Holster has urged Russo to dismiss Fonvil’s Nov. 17 convictions of second-degree receiving reward for official misconduct as a public official; third-degree grand larceny as a crime of public corruption; third-degree corrupting the government; and fourth-degree money laundering.
During the trial, Moran argued Fonvil pocketed the money through an elaborate scheme using $27,000 Fonvil had earmarked for the camp program.
Moran argued in court and through witnesses that Fonvil and Depas first created an $8,000 slush fund by using village vans rather than a bus company to drive the children to camp and hired only two bus monitors when the village financed six drivers.”
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