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Scerbo conviction upheld by Appellate Court

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CNY/NNY/S. Tier: Scerbo conviction upheld by Appellate Court
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The Appellate Court in Rochester has upheld the case of Albert Scerbo. Scerbo is the former Onondaga Nation music teacher found guilty in 2009 of sexually abusing a young girl. YNN's Joleene Des Rosiers joined us from the newsroom with the details.

ROCHESTER, N.Y. -- The case was heard in Rochester in April and was pitched by appeals attorney Scott Porter. The case began in 2007 when Scerbo originally faced a 35 count indictment, after 17 different young girls accused him of inappropriately touching them.

Scerbo sat through two different trials. One with a jury and one without. In the end, he was convicted of two counts: Sexual abuse in the first degree and endangering the welfare of a child.

He was sentenced to 10 years probation, the first six months of which were to be served behind bars. That first six months in jail is known as "shock probation." He started to serve that sentence last August, but he was only in jail a few hours when a judge granted him what is known as a "stay" and released him, pending the Appellate Court's Decision.

Well the decision is out and the judges have determined the evidence submitted during both trials was sufficient and supported the conviction.

For defense attorney Ed Menkin, it's not over yet.

"Scott Porter, who worked on the appeal, and I are working on an application to the Court of Appeals for further review. And we're going to ask the court to continue the stay of the sentence while that's pending. That could last a very long time, it could be a matter of days. Much too early to predict on that," Menkin said.

Menkin says there are still some other issues that haven't been addressed, but he is not at liberty to speak at what the issues are. He says he's not so sure this is the end of it.

Scerbo has been rated a level one sex offender.

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