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September 20, 2012

Pacherille Jr. attempted murder conviction appealed

-- —   The conviction of Anthony Pacherille Jr., the former Cooperstown High School student serving an 11-year prison term for shooting a black classmate, has been appealed.

  Frank Policelli of Utica, attorney for Pacherille Jr., said an appeal was filed Friday with the Third Judicial Department, Appellate Division of state Supreme Court, in Albany. The case may be heard early next year, he said Sunday by telephone.

  Pacherille Jr. pleaded guilty April 29, 2011, to one count of second-degree attempted murder as a non-hate crime. As part of plea negotiations, prosecutors agreed to drop hate-crime charges.

  Pacherille Jr., who was 16 when he shot classmate Wesley Lippitt, should have been granted youthful offender status, Policelli said Sunday.

  Policelli reiterated criticisms that Otsego County Judge Brian Burns should have disclosed sooner that he was intimidated by a letter written by Anthony Pacherille Sr.

  In April, Joseph F. Cawley, acting judge for Otsego County Court, denied Pacherille Jr.’s resentencing request. Cawley said a premise that Pacherille Jr. was entitled to be sentenced as a youthful offender was erroneous.

  If resentenced as a youthful offender, the maximum penalty imposed on Pacherille Jr. would have been 1½ to four years in prison.

  Otsego County District AttorneyJohn Muehl didn’t return a message left on his cellphone Sunday by 9 p.m. After Cawley’s decision, Muehl said he didn’t expect any problem with an appeal of the Pacherille Jr. case.

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