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.

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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.

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WCBS 880’s Catherine Cioffi With The Story

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

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