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Tue, Dec 02 2008 

Published: May 20, 2008 04:01 am    print this story   email this story  

Trial set in fatal stabbing

By Patricia Breakey
Delhi News Bureau

DELHI _ An October trial was scheduled Monday in Delaware County Court for Jose Antonio Lambert, whose arraignment was continued on a murder charge in the death of a SUNY Delhi student.

Lambert, 22, of New York City, was arraigned on a sealed indictment last week but appeared without an attorney.

On Monday, Frederick Neroni appeared with Lambert and said he was being retained.

Lambert is charged with second-degree murder in the death of Tyshawn Bierria, 22, of Queens. Bierria died May 1 after being stabbed multiple times on the State University College of Technology at Delhi campus in the early hours of April 27.

At the hearing Monday, Delaware County District Attorney Richard Northrup asked that Lambert continue to be held without bail.

Northrup said Lambert's criminal history includes a conviction for first-degree robbery from an incident Jan. 19, 2001, for which he was sentenced to two-to-four years in prison.

Neroni said he was not requesting bail but protested Northrup's mention of Lambert's previous conviction, which took place when he was 15 years old.

Northrup said Lambert was convicted as an adult because he had a prior conviction from family court when he was young than 15.

Delaware County Judge Carl Becker said Lambert's record is not sealed because he was not given juvenile offender status. Instead, Lambert is listed in the record as a juvenile delinquent, which does not limit the release of information.

Lambert's trial was scheduled for the Oct. 6 trial term.

Lambert was returned to Delaware County on May 12 after being held at Bergen County Jail in Hackensack, N.J., since May 2 on an arrest warrant issued by Delhi Town Justice Richard Gumo.

Bierria was a second-year individual studies major who would have graduated Saturday. He was injured during what appears to have been a brawl with several people at about 4:30 a.m. April 27 near Russell Hall, according to officials, and died May 1 at Mary Imogene Bassett Hospital in Cooperstown.

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