AP NEWS

Court Upholds Robbery, Assault Conviction Of Scranton Man

March 2, 2019
Court Upholds Robbery, Assault Conviction

The state Superior Court upheld the conviction and sentence of a Scranton man convicted of shooting at one man and robbing another person.

Naseem Smith, 20, was convicted in June 2017 of aggravated assault and several other offenses for firing a gun at Saddiq Fields in July 2015. The bullet struck Fields’ pants, but not his body. Smith later pleaded no contest to reckless endangerment and other offenses for robbing Ferdinand Lucido at gunpoint about a month after the shooting. He was sentenced in September 2017 to five years, one month, to 10 years, two months, in prison for both incidents.

In his appeal, Smith, who was 17 when he committed the crimes, argued Lackawan­na County Judge Terrence Nealon erred in rejecting his request to transfer his case to juvenile court. He also claimed there was insufficient evidence to support the aggravated assault conviction and that Nealon imposed an excessive sentence.

The Superior Court on Thursday rejected each of the arguments. The court said Nealon properly considered Smith’s background and severity of the crimes when he declined to transfer the case to juvenile court and in imposing sentence. It also rejected his challenge to the weight of the evidence, finding that he was improperly asking the court to reassess the credibility of witnesses.

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