Policelli had argued that Pacherille should have been treated as a youthful offender. The lawyer also claimed that Burns should have recused himself from the sentencing after the judge indicated he felt intimidated by a letter that Pacherille’s father sent to him.
But the appellate court said Burns “properly exercised his responsibility at the time of sentencing.”
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 Clinton Correctional Facility in Dannemora, Clinton County, just west of Plattsburgh.