New York State In-depth

Northern Borough of New York | Albany felon sentenced to 63 months on munitions and drugs conviction

ALBANY, NEW YORK — Mikal Smith, 29, of Albany, was sentenced today to 63 months in prison for being a criminal in possession of ammunition and property with intent to distribute cocaine base.

US Attorney Carla B. Freedman; Frank A. Tarentino III, Special Agent in Charge, US Drug Enforcement Administration (DEA), New York Branch; and Albany Police Chief Eric Hawkins made the announcement.

A jury voted to convict Smith on August 31, 2022 after a three-day trial. Trial evidence revealed that on April 7, 2021, Smith possessed a large capacity magazine loaded with 20 rounds of LC 5.56 ammunition with intent to distribute 83 grams of cocaine base. Smith dumped the drugs and ammunition during a foot chase after members of the Albany Police Department’s Community Response Unit tried to arrest him on a suspended warrant. At the time, Smith had prior convictions for second-degree attempted robbery and third-degree criminal sale of a controlled substance. Under federal law, these convictions prevented Smith from lawfully possessing the ammunition.

United States District Judge Mae A. D’Agostino also imposed a four-year sentence for supervised release after incarceration.

The Albany Police Department and the DEA were investigating this case. Assistant US Attorneys Allen J. Vickey and Katherine Kopita were prosecuting this case.

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