Derby Trail Forums

Go Back   Derby Trail Forums > Main Forum > The Paddock
Register FAQ Members List Calendar Today's Posts

Reply
 
Thread Tools Display Modes
  #1  
Old 05-18-2010, 11:11 AM
pointman's Avatar
pointman pointman is offline
Saratoga
 
Join Date: Mar 2007
Posts: 15,693
Default

While I in no way condone what Paragallo did to defenseless animals, and I bellieve the crimes he was charged with should be felonies, I have a hard time believing that a consecutive maximum sentence on a first time offender (which I believe he is) for misdemeanor convictions will be upheld on appeal.

Paragallo stands a very good chance IMO to have his prison term stayed pending appeal and having the jail time reduced, if not substantially, on appeal.

Personally, I think he can go rot in hell.
Reply With Quote
  #2  
Old 05-18-2010, 12:48 PM
hoovesupsideyourhead's Avatar
hoovesupsideyourhead hoovesupsideyourhead is offline
"The Kentucky Killing Machine"
 
Join Date: May 2006
Location: florida
Posts: 16,278
Default

lets contract his in jail beat down to the m-13..
Reply With Quote
  #3  
Old 05-18-2010, 01:58 PM
Danzig Danzig is offline
Dee Tee Stables
 
Join Date: May 2006
Location: The Natural State
Posts: 29,940
Default

Quote:
Originally Posted by pointman View Post
While I in no way condone what Paragallo did to defenseless animals, and I bellieve the crimes he was charged with should be felonies, I have a hard time believing that a consecutive maximum sentence on a first time offender (which I believe he is) for misdemeanor convictions will be upheld on appeal.

Paragallo stands a very good chance IMO to have his prison term stayed pending appeal and having the jail time reduced, if not substantially, on appeal.

Personally, I think he can go rot in hell.
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.
__________________
Books serve to show a man that those original thoughts of his aren't very new at all.
Abraham Lincoln
Reply With Quote
  #4  
Old 05-18-2010, 04:06 PM
pointman's Avatar
pointman pointman is offline
Saratoga
 
Join Date: Mar 2007
Posts: 15,693
Default

Quote:
Originally Posted by Danzig View Post
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.
Reply With Quote
  #5  
Old 05-18-2010, 04:09 PM
Left Bank's Avatar
Left Bank Left Bank is offline
Fairgrounds
 
Join Date: Sep 2006
Location: Southern Canada
Posts: 1,579
Default

Where did he get his money from?What business,besides breeding,was he in?
Reply With Quote
Reply



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 08:41 AM.


Powered by vBulletin® Version 3.6.8
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.