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Appeals court refuses to toss man's conviction for murder

By DAVID WINTERS
TIMES STAFF WRITER
TUESDAY, NOVEMBER 24, 2009
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A state appeals court has upheld the murder conviction of a Gouverneur man who killed his wife in late 2006.

Michael W. Bodah, 35, was convicted in June 2007 in St. Lawrence County Court of second-degree murder and sentenced to 20 years to life in state prison. He is serving the sentence at Sing Sing Correctional Facility, Ossining.

He was accused of killing his wife, Renea L. Bodah, by slashing her throat Dec. 28, 2006, in his village of Gouverneur apartment.

The Appellate Division of state Supreme Court in Albany last week concluded Bodah "knowingly, intelligently and voluntarily waived his right to appeal."

Bodah had argued that he pleaded guilty in April 2007 because of faulty advice from his attorney. He was represented by the county public defender's office.

"He contends that neither his plea nor his waiver of the right to appeal were knowing and voluntary because his plea counsel allegedly provided ineffective assistance by misinforming him of the sentences he might face under various potential dispositions of his case," the court wrote.

County Judge Jerome J. Richards, who held a hearing at Bodah's request, found the public defender's office had properly outlined Bodah's plea options to him.

The court unanimously concluded "the record of defendant's plea shows that he unequivocally accepted responsibility for his actions."

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