Appeals court backs inmates

A former Watertown man has won reversal of a Jefferson County Court resentence that included a period of additional supervision upon his release from prison.

Travis L. Peterkin, 40, was sentenced in 2001 to up to seven years in state prison after being convicted at trial of 16 counts, including two counts each of second-degree burglary, third-degree grand larceny and third-degree criminal possession of stolen property.

He appealed that conviction, with the state Appellate Division, Fourth Department, upholding the conviction in a November 2004 ruling. He was resentenced on that conviction Jan. 23, 2009, after violating parole. The resentence included five years' post-release supervision.

Mr. Peterkin argued in his appeal that County Court erred in pronouncing the additional supervision, as he already had been conditionally released from jail. In a decision released Friday, the appellate court agreed, although it noted that Mr. Peterkin subsequently was returned to prison based on a violation of the terms of his release.

The appellate court unanimously reinstated his original sentence, which has been served, and returned the matter to County Court for further proceedings.

In a separate decision released Friday, the appellate court modified the County Court sentencing of an inmate at Riverview Correctional Facility who had been convicted of having contraband while incarcerated at Watertown Correctional Facility.

Frank Bernell, 64, pleaded guilty in November 2008 to second-degree promoting prison contraband for having a folded metal can lid at the Watertown prison. He was sentenced in January 2009 by Judge Kim H. Martusewicz to nine months in prison in addition to a three- to six-year sentence he is serving for a forgery conviction in New York City.

Before his sentencing, citing his age and the fact he had no previous problems with the state Department of Correctional Services while in prison, he asked Judge Martusewicz to impose a sentence that would run concurrently with the one he is serving. Judge Martusewicz said sentencing guidelines prohibited a concurrent sentence.

The appellate court disagreed, stating that Judge Martusewicz "had the discretion to impose concurrent sentences." The court modified the judgment by vacating the sentence and sent the matter back to County Court for resentencing consistent with the decision.

The appellate court also unanimously affirmed the January 2009 conviction at trial in Lewis County Court of Ryan J. Clement on charges of first-degree criminal sexual act, first-degree sexual abuse and endangering the welfare of child.

Mr. Clement, 25, formerly of New Bremen, argued, among other things, that jurors in his case were not properly sworn in and that the court improperly advised the jury regarding some evidence. The appellate court rejected the arguments, stating there was no evidence presented that jurors were not administered the requisite oath and that the lower court gave proper instructions to jurors.