Hussain, Schoharie limo operator, appeals conviction

ALBANY, NY (NEWS10) — Nauman Hussain, the owner of a limousine that crashed killing 20 people in Schoharie in 2018, is appealing his 2023 conviction. On Friday, nearly 6 years to the crash anniversary, Hussain's lawyer Steven Sharp appeared before the New York State Supreme Court Appellate Division in Albany. Sharp argued that a 2022 hearing in which Hussain was given 20 minutes to decide between jail or trial was insufficient.

In 2022, Judge Peter Lynch nixed a 2021 plea deal that would’ve afforded Hussain 5 years probation for continuing to operate the mechanically troubled Ford Excursion limo that crashed killing 20. Hussain opted for a criminal trial, was ultimately found guilty on 20 counts of both manslaughter and criminally negligent homicide then sentenced to at least 5 years in prison. 

Fast forward to Friday. Hussain was not in court. Meanwhile, Justice Mark Powers challenged defense Attorney Stephen Sharp’s objection to the plea bargain being tossed. 

"You have a right to a fair trial but you have a right to a specific plea bargain agreement?" Powers questioned.

Sharp conceded but countered: “What you do have a right to is a reasonable amount of time to confer with counsel before making a decision on whether to reject an enhanced sentence that the court is insisting upon while giving no notification to anyone that this was a possibility.”

Justice Elizabeth Garry entertained Sharp’s argument that Judge Lynch abused his power and 20 minutes was insufficient however — “Taking that assumption why would that not be ultimately harmless in light of the fact that what is required under the law is a fair trial" Garry argued.

Karen McGee — from the NY Prosecutors Training Institute (representing the Schoharie County DA) — rejected the defense’s notions. Amid a word salad of legal jargon, McGee argued Res Judicada: a matter already decided by a fair court cannot be re-litigated.

"Certainly, they were caught off guard", McGee conceded. "...There was 20 minutes, but again I have to repeat that he did not return to the court and ask for additional reconsideration" McGee countered.

When the matter was adjourned, family members outside the court agreed with the prosecution. 

"I think 20 minutes is sufficient time he had plenty of time to file this paperwork before that he could have done that way before we even went to trial," said one woman. "Today just feels like more of the roller coaster. This should be over by now and here we go again" said another.

The appellate court’s decision date is unclear, Hussain’s attorney intimated that it could take weeks.