WTEN: Albany, New York News, Weather, Sports - New trial for NY man convicted in beating death
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Associated Press - July 30, 2009 1:05 PM ET
ALBANY, N.Y. (AP) - A midlevel appeals court has ordered a new trial for a 43-year-old upstate New York man convicted in 2006 of bludgeoning his neighbor to death.
Wayne Oxley Jr. of Ogdensburg was convicted by a St. Lawrence County Court jury of second-degree murder in the slaying of 38-year-old Bernard Trickey Jr. in August 2005. The verdict followed six weeks of testimony and two days of deliberations. He was sentenced to 25 years to life in prison.
In a decision Thursday, the five Appellate Division justices say the trial judge made a mistake by refusing to allow witnesses to testify that another man threatened to kill Trickey only hours before his murder.
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