Former Albany Police Officer Robert Schunk’s last appeal denied by Court of Appeals,
now stands convicted of Criminal Mischief, misdemeanor, and Harassment 2nd, violation, for crime in Halfmoon after jury trial. Must surrender to Saratoga County Jail to commence 1 year sentence.
New York State’s highest court, the Court of Appeals, denied former Albany Police Officer Robert Schunk’s last chance for an appeal of his conviction after a jury trial in Halfmoon Town Court for his conviction to the charges of:
• Criminal Mischief 4th, a Class A misdemeanor
• Harassment 2nd a violation
stemming from an incident where he kicked in a locked bathroom door causing damage to the door in an attempt to get to the victim who was taking a shower because he had poured a beer over her head. The incident occurred in the Town of Halfmoon on April 3, 2010. The Sherriff’s Department investigated and made the arrest on April 4, 2010.
On March 8, 2012, Assistant DA Lyn Murphy tried the case in Halfmoon Town Court before the Hon. Les A. Wormuth. Shortly thereafter, a jury of 6 convicted Schunk after a 4 day trial and found him guilty of the 2 charges after several hours of deliberation. Schunk appealed to Saratoga County Court where Judge Jerry J. Scarano affirmed the jury’s decision on April 11, 2013. Schunk then appealed to the Court of Appeals, which denied to hear his case.
The Halfmoon Town Court sentenced Schunk to 1 year in the Saratoga County Jail on June 12, 2012 for the conviction to the Criminal Mischief 4th, Class A misdemeanor and fifteen days in jail for the conviction to the Harassment in the Second Degree, violation. The times shall run by law concurrently.
Schunk is no longer a police officer.
Schunk did not have to start his jail time until his appeals were concluded.
Since the court has now ruled, the Halfmoon Town Court will set a date for Schunk to surrender himself into the custody of the Saratoga County Sheriff.
Hon. James A. Murphy, III
Saratoga County District Attorney
Director and Past Chair
NYS District Attorney’s Association
25 West High Street
Ballston Spa, NY 12020
DA website: www.jimmurphyda.com
Follow me on Twitter: @JimMurphyIII