Weapon conviction tied to Kingston shooting is upheld
KINGSTON >> A state appeals court Thursday upheld the 2013 conviction and sentence of Roy Scippio, who shot another man in July 2011 as the victim was walking toward Kennedy Fried Chicken on Broadway in Midtown Kingston.
Scippio, age unavailable, who lived in Kingston and Brooklyn at the time, was convicted in August 2013 of two felony counts of criminal possession of a weapon.
On July 16, 2011, Scippio allegedly shot Leon Peters in the arm as Peters was walking on Broadway. Scippio was acquitted of assault charges but was convicted of the weapons possession counts and was sentenced by Ulster County Judge Donald A. Williams to 13 years in state prison and five years of post-release supervision, as well as a concurrent prison term of 3.5 to seven years.
An investigation by Kingston police determined Scippio, after a fight between a third party and some of his friends, got a handgun and fired it once, striking Peters.
Scippio confessed to the shooting that night, Ulster County District Attorney Holley Carnright said Thursday.
Scippio has a long criminal history that includes four felony convictions, including one for manslaughter, and seven misdemeanor convictions.
In his appeal, Scippio challenged Williams’ refusal to suppress his statements to police and “attacked the legal sufficiency of the evidence and argued that his weapons possession convictions were against the weight of the evidence,” Carnright said.
Scippio also argued that some of the prosecutor’s comments during her summation deprived him of a fair trial and that the 13-year term was “unduly harsh and excessive.”
The Appellate Division of state Supreme Court, Third Department, concluded all of Scippio’s challenges were without merit.