ALBANY, N.Y. - Albany County District Attorney David Soares says the case against an Albany man for murder a University at Albany student in October 2008 was upheld by the New York State Appellate Division.
Devon Callicutt was found guilty of first-degree murder in December 2010 and sentenced in February 2011 to life in prison without the possibility of parole. That sentencing will stand, Soares announced Thursday. He was also convicted of Attempted Robbery, Criminal Possession of a Weapon and Robbery.
Callicutt was convicted in killing Richard Bailey the night of October 20, 2008 in the area of South Lake Avenue and Yates Street. Him and two others approached Bailey, attempted to rob him with a loaded handgun in Callicutt's possession, and shot him in the head causing his death.
The two other men involved in the deadly robbery, 18-year-old King Modest and 19-year-old Ricardo Caldwell pleaded guilty to Attempted Robbery and are serving 10 and 12 years in State Prison, respectively.