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NY appeals court to hear teacher's sex-abuse case

Thu, Dec 11th 2008 12:00 am
SYRACUSE (AP) - Syracuse prosecutors are appealing a county judge's decision to set aside the sex-abuse conviction of a former Onondaga Indian Nation music teacher.

The prosecutors and lawyers for Albert Scerbo made their arguments Tuesday to the Appellate Division judges in Rochester.

Scerbo was originally charged with molesting 17 girls at the reservation school. But a jury convicted the 46-year-old Clay resident of abusing only one victim.

Hon. William Walsh set aside that conviction in November 2007. He ruled that the verdict was improperly swayed by the introduction of outside information from two jurors with professional backgrounds in teaching.

Prosecutors also want the appeals court to restore seven charges that Walsh dismissed before trial.