BINGHAMTON, N.Y. — A man who pleaded guilty to shooting a man in a Binghamton restaurant and having a gun outside it a year later has gotten his conviction overturned because of statements he made at his sentencing.

A state appeals court ruled this week in Jovan Gresham’s case. He’s been serving an eight-year prison sentence since 2013.

The decision sends his case back to a trial court for further proceedings.

The 29-year-old pleaded guilty to assault and weapons possession. He’d been accused of shooting Karlshen Marks in the restaurant’s bathroom in February 2010 and then firing shots outside it in March 2011. Marks survived.

The appeals court says a judge should have inquired further when Gresham said during sentencing that a friend “actually did the shooting.”

Information from: Press & Sun-Bulletin,

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