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May 2, 2013

Anthony Pacherille Jr. appeal rejected

Appellate Division finds no bias in Judge Burns' sentencing

COOPERSTOWN — A state appeals court today rejected an appeal of the 11-year prison term meted out in Otsego County Court to Anthony Pacherille Jr., the teenager convicted in connection with the racially charged 2010 shooting of a classmate at the Cooperstown Village police station.

The Appellate Division, Third Department, found there was no bias against Pacherille by Otsego County Judge Brian Burns when he sentenced Pacherille. The Appellate Division affirmed the sentencing.

The lawyer who filed the appeal on behalf of Pacherille, Frank Policelli of Utica, did not return a call seeking comment.

Otsego County District Attorney John Muehl called the Appellate Divisioin ruling appropriate.

"It was a frivolous appeal that I never doubted for an instant would be denied," Muehl told The Daily Star.

Pacherille was sentenced in 2011 after pleading guilty to
second-degree attempted murder for shooting Cooperstown High School classmate Wesley Lippitt two years ago. Pacherille also shot himself at the time. Both teens recovered from their wounds.

Muehl said he had responded to the appeal by reminding the court that Pacherille waived his right to appeal when he accepted a plea agreement.

"There was no way the judge could have given him youthful offender status because the agreed upon sentence was 11 years, and the maximum sentence you can give someone to be a youthful sentence is four years," Muehl said. " So it wasn't even possible."

The prosecutor added: "Secondly, under the law, if someone is convicted of an armed felony, which he was, unless there are certain exceptions, which are not applicable here, they are not entitled to be a youthful offender."

Muehl said Pacherille could still potentially ask the state's highest court, the Court of Appeals, to review the sentence.

Pacherille is serving the sentence at the
maximum security Wende Corrrectional Facility in Alden.


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