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Dr. Robert Neulander, 63, the prominent obstetrician-gynecologist, has been sentenced to 20 years to life in prison for murdering his wife, Leslie, in 2012.
Robert Neulander's appeal of his murder conviction in his wife's September 2012 death is headed to a panel of appellate judges in Rochester.
If it seems like this case has already been appealed, that's true in a sense.
Neulander first appealed a jury's 2015 jury verdict to the trial judge, Thomas J. Miller, over concerns that a juror was influenced by friends and family. When that failed, he argued to Miller that his trial lawyer, Edward Z. Menkin, didn't do a good enough job.
Those appeals were denied by Miller, the last time in June 2016. That set in motion the traditional appeals process -- which includes arguments before a panel of typically five judges in Rochester.
Last week, Neulander's appellate lawyer, Gerald Shargel, filed arguments with the court in Rochester. Onondaga County District Attorney William Fitzpatrick will now have a chance to respond in writing.
Most of the legal wrangling in appellate court happens via dueling paperwork. And except in the rarest of circumstances, the appellate court does not second-guess a jury's verdict. Instead, it focuses on problems with the trial process, which could include issues involving the jury or Neulander's trial lawyer.
Both sides will have their day in court sometime in October, though an exact date hasn't been set yet. And it could be months after that before the court rules.
Robert Neulander went to his murder trial in his wife's 2012 death with noted Syracuse defense lawyer Edward Z. Menkin.
He next hired New York City lawyer Gerald Shargel to argue his first appeal.
Shargel, known for his defense of crime bosses and politicians, was unable to convince local Judge Thomas J. Miller to overturn the verdict in a trial he presided over.
For the next round of appeals, Neulander has turned to another high-powered NYC lawyer, Alexandra Shapiro.
Shapiro and Shargel worked together on an appeal late last year directly related to Miller's refusal to set aside the jury's verdict.
And now, Shapiro is taking over Neulander's overall appeal of his conviction in the September 2012 death of his wife, Leslie, in their DeWitt mansion. Neulander was convicted of killing her and trying to cover it up as a slip-and-fall in the shower.
The two appeals in Neulander's case have now been combined and Shapiro will argue on Neulander's behalf in October before a five-judge panel in Rochester.