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A man convicted over the deaths of 20 people in an Upstate New York limo crash has been denied an appeal.
The Times Union reports Nauman Hussain, the operator of the company that owned the limousine that crashed in Schoharie County in 2018, is currently serving a sentence of five to 15 years in prison for manslaughter. The state Supreme Court Appellate Division’s Third Department unanimously denied his bid to overturn the conviction, the court announced Friday.
Hussain, 34, managed Prestige Limousine, which owned the stretch-style SUV that went off the road in Schoarie, a village near Albany, when the vehicle’s brakes failed. The limo hit a parked car and trees, killing 17 passengers celebrating a birthday, plus the driver and two bystanders.
Prosecutors said Hussain intentionally failed to conduct required, routine state inspections on the 2001 Ford Excursion, and that the checks would have revealed brake defects and prevented the wreck. He was convicted of second-degree manslaughter during a 2023 jury trial and is currently serving his sentence at Attica state prison.
Hussain’s attorneys claimed there was insufficient evidence for a conviction and argued that his punishment was too severe.
“The foregoing proof was sufficient for the jury to conclude beyond a reasonable doubt that [Hussain] was aware of and consciously disregarded the state of disrepair of the limousine’s braking system – including by avoiding proper inspection, neglecting appropriate maintenance and affirmatively rejecting necessary repairs,” Presiding Justice Elizabeth A. Garry wrote in the decision.
“Given the circumstances, including the age of this oversized vehicle transporting passengers, the jury could find that defendant disregarded a substantial and unjustifiable risk of death.”
According to the Times Union, Hussain’s next possible option is to appeal to the state’s Court of Appeals, but such requests are rarely granted. He will not be eligible for parole until May 2028.
The unanimous decision limits Hussain’s future appeal options. He’ll have to ask the state’s top court, the Court of Appeals, to consider an appeal. Such requests are rarely granted. He isn’t eligible for parole until May 2028.
Hussain, 34, is serving a sentence of five to 15 years at Attica state prison near Buffalo. Just before the Appellate Division’s Third Department heard oral arguments in the case in September, his father released medical records to the Times Union and other news outlets that revealed the younger man was being treated for advanced lung cancer.
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Hussain, who was convicted of second-degree manslaughter at his May 2023 trial, tried to convince the Appellate Division there were several reasons to overturn his conviction, but the justices unanimously rejected each.
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Hussain’s attorney Steven Sharp focused on the following issues:
• There was insufficient evidence for a conviction
• State Supreme Court Justice Peter Lynch did not properly instruct the jury on the law
• Lynch didn’t give him enough time to reconsider his plea after the judge announced he would not impose the no-prison penalty Hussain’s legal team initially negotiated with Schoharie County District Attorney Susan Mallery.
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• The sentence Lynch imposed, 5-to-15 years in prison, was too severe.
“The foregoing proof was sufficient for the jury to conclude beyond a reasonable doubt that [Hussain] was aware of and consciously disregarded the state of disrepair of the limousine’s braking system – including by avoiding proper inspection, neglecting appropriate maintenance and affirmatively rejecting necessary repairs,” the decision, written by Presiding Justice Elizabeth A. Garry, states.
“Given the circumstances, including the age of this oversized vehicle transporting passengers, the jury could find that defendant disregarded a substantial and unjustifiable risk of death.”
Garry also took on Hussain’s assertion Lynch gave him insufficient time — 20 minutes — to accept a 1⅓-to-4-year prison term or withdraw his original guilty plea to a charge of criminally negligent homicide.