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Attorney prepares Porco appeal

— Porco is facing a sentence of 50 years to life.

"What that means is the prisoner has to serve at least 25 years before he or she can ever become eligible for parole," Kindlon stated.

Once sentencing is handed down in December, the case will be heard by the Third Department of the State Appellate Court. Since Christopher Porco's father worked as the chief law clerk for the Third Department of State Appellate Court, Kindlon said he feels the appeal will be moved to one of the Appellate Court's three other departments.

"I fully expect the Third Department of State Appellate Court to decline the case because of a conflict, or a perceived conflict, of interest," said Kindlon.

If the case is overturned on appeal, the prosecution has a chance to argue the decision before another trial is scheduled. If the case is not overturned, the case would then have to go to the highest court in New York the Court of Appeals.

"We're hopeful for a reversal at the first level," said Kindlon who just recently won an appeal on a court decision in Warren County.

"We do a fair amount of appeals work and see about two or three reversals a year," Kindlon said.

Meanwhile, Porco sits in Albany County jail, convicted of murdering his father and attempting to murder his mother. In a recent "48 Hours Mystery" jailhouse interview aired on CBS Saturday, Nov. 4, Porco maintained his innocence.

"I can't imagine attacking anyone, let alone my parents in that way," said Porco.

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