Appeals court upholds conviction of man who shot and killed roommate’s dog

KINGSTON – The Appellate Division of State Supreme Court, Third Department, has unanimously upheld the April 2016 conviction of Eric Napoli for the crime of aggravated cruelty to animals as a felony,
Napoli’s conviction was based on his actions of April 16, 2015 when with no justifiable purpose, he intentionally shot and killed Luna, his roommate Carol Weller’s dog with a .12 gauge shotgun loaded with birdshot.
He was sentenced by Ulster County Court Judge Donald Williams to two years in the Ulster County Jail, the maximum sentence allowed by law.
On appeal, Napoli challenged the legal sufficiency of the evidence supporting his conviction, arguing that he was denied meaningful legal representation. He also maintained the county court improperly responded to the jury’s question when they asked for a definition of the word “extreme” during deliberations.
The appellate division rejected both assertions.