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State appellate court rules Potsdam man will stay in prison

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A Potsdam man convicted in 2010 of felony second-degree assault and sentenced to 12 years to life will not leave prison, according to a state appellate court ruling Thursday.

David E. Clemons, 47, was sentenced in February 2010 in St. Lawrence County Court by Judge Jerome J. Richards after admitting to stabbing Brett A. Burke, Ogdensburg.

The stabbing occurred Oct. 9, 2007, during an altercation on Morris Street, Ogdensburg. Mr. Burke was stabbed once in the back, suffering a punctured lung.

As part of Clemons’s plea, he signed a waiver of right to appeal. The appellate court wrote that Clemons understood the waiver.

Clemons was sentenced as a repeat felony offender for convictions on a third-degree criminal possession of a weapon charge in June 1989 in Seneca County Court and a second-degree burglary charge in May 1995 in St. Lawrence County Court.

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