PRESS RELEASE
TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: DECEMBER 6, 2018
The Appellate Division, Third Department has unanimously affirmed the April, 2016 conviction of Eric Napoli upon a jury verdict convicting him of the crime of aggravated cruelty to animals, a class E felony, in violation of §353-a(1) of the Agriculture and Markets Law.
Defendant’s conviction stems from an incident which occurred on the afternoon of April 16, 2015. On that date, defendant, with no justifiable purpose, intentionally shot and killed Luna, his roommate Carol Weller’s dog with a .12 gauge shotgun loaded with birdshot.
Following his conviction, defendant was sentenced by Ulster County Court Judge Donald A. Williams to two years in the Ulster County Jail, the maximum sentence allowed by law.
On appeal, the defendant challenged the legal sufficiency of the evidence supporting his conviction and argued that he was denied meaningful representation. Defendant also maintained that County Court improperly responded to the jury’s question when they asked for a definition of the word “extreme” during deliberations. The Appellate Division, Third Department, however, rejected each of defendant’s assertions.
On appeal, the defendant is represented by Tracy Steeves, Esq. of Kingston, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.