An appellate court upheld the conviction of a Kingston man who robbed a Honduran immigrant at knifepoint in the city in May 2012.

The defendant, 29-year-old Patrick Ferguson, argued that there was no basis for an all-hours search warrant of his Tremper Avenue apartment after the robbery. Ferguson attacked the victim near Broadway and Downs Street. Ferguson forced the victim into the apartment he shared with Rosie Ramirez. A violent struggle took place inside the apartment, with Ferguson getting cut by the knife. Ferguson tried to stab the man and stole cash and a gold ring from him before the victim was able to escape the apartment.

Ferguson was convicted on May 15, 2013 of robbery and sentenced to a 10-year prison term followed by five years of post-release supervision. He was also ordered to pay $1,400 in restitution to the victim.

While the defense argued there was no justification for the warrant, the appellate court disagreed, noting that a nighttime search was necessary to prevent the loss of evidence in the investigation of a violent crime.

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