Created: 10/09/2013 9:40 AM WHEC.com
News10NBC has learned the United States Supreme Court has refused to hear the appeal of Robert Pealer of Penn Yan. Pealer was convicted of his fourth DWI in 2009.
Pealer’s lawyers planned to argue that his Sixth Amendment rights were violated when Yates County prosecutors failed to call the technician who performed the calibration on the breathalyzer machine as a witness. Pealer’s petition also claimed that officers didn’t have sufficient cause to stop him the night of his arrest. At the time, the Yates County District Attorney’s Office filed papers against Pealer’s petition.
We are told Pealer’s conviction was affirmed by the New York State Appellate Division in 2011 and upheld by the New York State Court of Appeals in early 2013, prompting the appeal to the Supreme Court. The Supreme Court’s refusal to hear the case ends Pealer’s ability to have his conviction overturned.
Yates County District Attorney Jason Cook said, “While I’m pleased that the Justices denied Pealer’s petition, I am confident that they would have ultimately concurred with the NY appellate courts and upheld his conviction.”
Pealer is currently serving the remainder of his sentence. He will be eligible for parole in 2015.