New trial ordered for Massena man convicted of recording teenager
BY PAUL MITCHELL
North Country This Week
CANTON – A Massena man found guilty by a St. Lawrence County jury of secretly recording a teenager in her bedroom in October of 2019 has been granted a new trial in a State of New York Supreme Court Appellate Division ruling dated Dec. 22, 2022.
John Lamb, 48, was convicted of second-degree unlawful surveillance in a trial verdict handed down May 17, 2021 with Hon. Gregory Storie presiding. He was sentenced to 1 ⅓ to 4 years with the Department of Corrections.An immediate appeal was filed Sept. 14, 2021 and an order to stay his sentence was made Sept. 29, 2021 and bail was set at $25,000 cash and $75,000 bond.
Lamb did post bail.
St. Lawrence County District Attorney Gary Pasqua said the order for a new trial was not evidence based but an error by the court.
“The court erred in instruction. It was a mistake or a procedural error on the court’s part,” said Pasqua.
“County Court should have granted defendant’s request for circumstantial evidence charge. Under the circumstances of this case, the court’s error was not harmless and, therefore, a new trial is required,” the Appellate Court ruling states.
“Based on this determination, defendant’s argument challenging the severity of the imposed sentence is academic.”
Pasqua noted a new conference date will be scheduled before a trial date is set.
Evidence at the trial established that on Oct. 24, 2019, Lamb positioned a Sony camcorder outside the home of a 13-year-old girl in order to secretly record her in her bedroom.