Monday
October 23, 2017

NY appeals court upholds attempted murder conviction of Monroe County man


DiValentino

GOSHEN NY – The conviction of a Pocono Summit, Pennsylvania man for trying to run his girlfriend’s car off I-84 in Orange County, New York, and then conspiring to have her killed has been affirmed.

The Appellate Division, Second Judicial Department of State Supreme Court upheld the March 30, 2015 Orange County Court jury verdict of Anthony DiValentino, 61, finding him guilty of attempted assault, intimidating a victim or witness, conspiring and criminal solicitation.

The appellate court found that the evidence presented by the prosecution “was legally sufficient to establish the defendant’s guilt of those crimes beyond a reasonable doubt.”

The appellate court also found that DiValentino’s “contention that he was deprived of a fair trial based on several instances of alleged prosecutorial misconduct is unpreserved for appellate review, since defense counsel did not object to any of the alleged misconduct. In any event, none of the alleged prosecutorial misconduct deprived the defendant of a fair trial.”

DiValentino was sentenced to 15 years in state prison for attempted assault, a consecutive term of from six to 20 years for conspiracy, and shorter sentences on other charges.

On June 14, 2010 while on Interstate 84, DiValentino intentionally struck the vehicle being driven by his former girlfriend, forcing her off the road into some trees on an embankment in the Town of Greenville.  She survived.

Several days earlier, he was released from the Monroe County, PA jail, where he was incarcerated on domestic violence charges involving the same woman. She obtained an order of protection for DiValentino to stay away from her.

While he was in the Orange County Jail on the charges stemming from the Greenville incident, he conspired with a fellow inmate to hire someone to kill the victim.

 


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