OSWEGO – On February 2, 2023, Marcus Miller of Oswego appeared before the Honorable Karen Brandt Brown for sentencing after a trial jury, on November 21, 2022, convicted him of one count of Attempted Murder in the Second Degree, one count of Attempted Assault in the First Degree, one count of Assault in the Second Degree, one count of Petit Larceny, and one count of Criminal Possession of a Weapon in the Third Degree. Judge Brandt Brown sentenced Miller to:
- Twenty-two (22) years along with five (5) years post-release supervision on the Attempted Murder in the Second Degree conviction;
- Fifteen (15) years, along with five (5) years post-release supervision on the Attempted Assault in the First Degree conviction;
- Seven (7) years, along with five (5) years post-release supervision on the Assault in the Second Degree conviction;
- One (1) year on the Petit Larceny conviction; and
- Three and one-half (3 ½) to seven (7) years on the Criminal Possession of a Weapon in the Third Degree conviction.
All of the sentences will run concurrently.
The jury, in the first two counts, found that Miller attempted to kill, and cause serious injury to, the victim by stabbing him repeatedly in the abdomen and slashing the victim’s neck with a knife and/or a meat cleaver; Additionally, the jury found Miller caused physical injury to the victim when he stabbed him; that he stole the victim’s cell phone; and he possessed a knife with the intent to use it against the victim. The attack occurred on the night of June 11, and 12, 2021, in the Town of Oswego.
Miller had four (4) prior felony convictions. Most recently, Miller was convicted in 2009 of Criminal Possession of a Controlled Substance in the Third Degree and Criminal Sale of Controlled Substance in the Third Degree after a trial. Miller received a sentence of six (6) years, along with three (3) years post-release supervision at that time.
The defendant was represented by Anthony DiMartino of Oswego. Chief Assistant DA Mark Moody and ADA Courtney Venditte prosecuted the case for the People.
Chief Assistant DA Moody commended the Oswego County Sheriff’s Office for their through and exhaustive investigation which was led by Inv. Andrew English.
“This conviction and sentence resulted from the tremendous work put forth by the Sheriff’s Department, the jury, and the witnesses, “Moody said, “The combined effort resulted in justice for the victim, and a violent repeat predator being incarcerated for a lengthy period. The public is significantly safer because of this conviction and sentence. Judge Brandt Brown should be credited for imposing an appropriately lengthy sentence notwithstanding the request by Attorney DiMartino for the minimum sentence of eight (8) years.”
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