An Elmira man’s 2019 murder conviction has been overturned by the New York State Supreme Court’s Appellate Division.
Demetrius Mack had been found guilty of second-degree murder in the 2017 stabbing death of 29-year-old Albert Sturgis at Gush’s Thirsty Bear in Elmira. But the appellate court ruled that Mack was improperly blocked from presenting a justification defense that may have supported his claim of self-defense.
According to court documents, a fight broke out between the men, with Sturgis, described as being larger, pushing Mack to the ground during the altercation. The judges wrote that a jury could have reasonably found Mack’s actions were justified.
The court also cited procedural errors, including the allowance of photography and video recording during testimony.
Mack’s conviction has been vacated, and the case has been sent back to Chemung County for a new trial. No date has been scheduled.
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