Paragallo receives two-year sentence

[pointman]

Originally Posted by Danzig

maybe if it were only a couple counts, but he's got quite a few on him in this case.

i think he should have gotten a longer sentence.

I don't disagree with you that he should have gotten more. However, looking at it from strictly a legal perspective, as an attorney who practices in New York, this sentence is very vulnerable to being reduced on appeal. It is extremely rare (actually I have never seen) anyone with even a few prior criminal convictions get consecutive one year sentences on misdemeanors in New York, regardless of the number of counts they are convicted of. Such sentences are reserved for those with lengthy criminal histories, and even then it is rare.

The Judge in this case obviously had a very strong opinion, moral or political, of Paragallo's actions, or lack thereof, as a plea bargain could not be worked out and the judge hit him with the maximum of what he could do after trial. That being said, though it is rare for appellate courts to reduce sentences, this is just the type of sentence that an appellate court is likely to take action on as it may very well be considered vindictive.

While the number of counts will be taken into consideration, the problem is with the level of the crime of the animal creulty statute itself which limits the judge's discretion. Hopefully, this will lead the New York Legislature to upgrade these types of crimes to serious felonies where judges could hand out appropriate sentences. However, as we all know how incompetent the NY Legislature is, there is little hope for that any time soon.

All I am saying is that, and I could be wrong, I have a feeling we have not heard the end of this.