The Newberry’s windows case may be headed back to Cobleskill Village Court.
Ed Wildove, attorney for Newberry’s owner Harry Ioannou, filed a notice of appeal Friday, keeping open the possibility of a second trial.
Mr. Ioannou was convicted August 6 of violating the village building code for failing to properly maintain three plate-glass windows at the Main Street storefront.
Village Justice Richard Hamm last Tuesday sentenced Mr. Ioannou to pay a $20,000 fine within six months.
Now, that sentence may be in limbo.
The notice of appeal “is the first step in the process,” Mr. Wildove said Monday. “It’s preserving his options. You have to file within 30 days of the sentence or you lose all right to appeal.”
If Mr. Ioannou and Mr. Wildove go ahead with it, the appeal will be heard in Schoharie County Court. If County Judge George Bartlett grants the appeal, the case would likely be tried again in Cobleskill Village Court, Mr. Wildove said.
Grounds for a successful appeal could include “technical” issues, Mr. Wildove said.
One might be Justice Hamm’s ruling to allow testimony on whether Newberry’s is occupied.
“There could be others,” Mr. Wildove said.
The windows were broken in a March 1 snowstorm. Mr. Ioannou boarded up the windows and was later cited for a violation by village Codes Enforcement Officer Mike Piccolo, leading to the August 6 trial.