Weapon con­vic­tion tied to Kingston shoot­ing is up­held

Daily Freeman (Kingston, NY) - - OBITUARIES - Free­man staff

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.

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