The Columbia County D.A's office announced Thursday that the state court of appeals has upheld the court's decision, in the trial of Perry Pendell, who was convicted in 2014 of numerous charges, including rape and criminal sex act,
This decision upholds the conviction of possessing a sexual performance by a child:
From New York State Court of Appeals:
The People &c., Respondent, v. Perry Pendell, Appellant.
MEMORANDUM: The order of the Appellate Division, insofar as appealed from, should be affirmed. The contested photographs were sufficiently authenticated through the testimony of the complainant and the law enforcement agents who extracted the photographs from the defendant’s cell phone and computers. Accordingly, County Court did not abuse its discretion in admitting the evidence. Defendant’s remaining arguments lack merit.
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. Decided March 21, 2019
Original press release, at the sentencing
Pendell Sentenced to 92 Years
District Attorney Paul Czajka has announced that Hon. Richard M. Koweek has sentenced Perry Pendell to ninety-two (92) years with the New York State Department of Corrections.
Pendell had been convicted on June 19, 2014 by a Columbia County jury of one (1) count of Criminal Solicitation (to Murder); nine (9) counts of Rape in the Second Degree; one (1) count of Criminal Sexual Act in the Second Degree; and four (4) counts of Possessing a Sexual Performance by a Child.
District Attorney Paul Czajka prosecuted the defendant before Judge Koweek. Mark Zuckerburg, Esq. represented the defendant.
District Attorney Czajka referred to this investigation, conducted under the direction of then
Sheriff, David W. Harrison, and then Captain (now Sheriff), David P. Bartlett, as one of the most extensive and comprehensive in Columbia County in many years. District Attorney Czajka commended the work of all Sheriff’s Investigators and Deputies and Investigator Mark Dunspaugh in particular. But he reserved his highest praise for the victim:
“Pendell, of Chestertown, New York, sexually assaulted a young child over several weeks in 2012. Once apprehended, he plotted to have his victim murdered.
In spite of these assaults, and with knowledge of the murder plot, the child bravely took the witness stand, where she was subjected to a withering cross-examination. Her courage guarantees that this predator will never assault another child.”