Judge’s ruling against Hussain plea deal upheld; Schoharie limo trial will proceed

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A State Appeals Court released a decision Thursday morning, denying a motion from Nauman Hussain, the operator of the limo company involved in the 2018 crash that killed 20 people in Schoharie. 

Hussain sued to restore the original plea deal in the case that would have sentenced him to five years probation and no jail time. 

In a decision just out this morning, the State Supreme Court Appellate Division, Third Department, sided with Judge Peter Lynch who surprised everyone when he threw out the deal agreed to by an earlier judge and ordered the criminally negligent homicide and manslaughter case to trial. 

Today’s decision comes after attorneys argued their sides before the Appellate Division on Feb. 22, sparring over Lynch’s decision to toss out a previously negotiated plea agreement for Hussain, operator of the limo company involved in the deadly Schoharie County limousine crash more than four years ago.

Hussain wanted to have the previously agreed-upon plea deal that would sentence him to 1,000 hours of community service hours and five years of probation instead of going to jail or prison — a deal previously hammered out by Schoharie County District Attorney Susan Mallery and Judge George Bartlett III.

The trial is scheduled to begin May 1.