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New York Court Of Appeals Hearing Parking Lot Shooting Case Of Richard DiGuglielmo

ALBANY, NY (AP / CBSNewYork) - New York's top court will hear the appeal of a former New York City police officer challenging his murder conviction for shooting a man wielding a baseball bat during a fight outside a Westchester County delicatessen in 1996.

Richard DiGuglielmo was found guilty of recklessly killing 37-year-old Charles Campbell, a White Plains sanitation worker, in the off-duty 1996 incident over a parking spot outside the deli DiGuglielmo's father owned in Dobbs Ferry. Campbell was fighting with DiGuglielmo's father when the off-duty officer opened fire.

He was freed in 2008 when a Westchester judge ruled that witnesses at his trial were pressured into giving testimony favorable to the prosecution.

But a midlevel court said the jury would have convicted DiGuglielmo anyway and ordered him to again surrender.

WCBS 880's Catherine Cioffi With The Story

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He's serving a sentence of 20 years to life in state prison.

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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