Erie County District Attorney Frank A. Sedita, III announces that the Appellate Division of State Supreme Court has upheld the conviction of Brandon Pulvino.
On July 6, 2011, Pulvino was convicted, after a trial, of Criminal Sexual Act in the 1st Degree and two counts Attempted Aggravated Sexual Abuse in the 3rd Degree in connection with the sodomy (with his penis) and sexually abuse (with inanimate objects) a four-year old boy, a five-year old boy and a six-year old boy. Pulvino was thereafter sentenced to seven years in state prison, followed by twenty years of post-release supervision.
On appeal, Pulvino sought to blame the victims, blame the prosecutors, blame the presiding judge, and blame his defense attorney for the conviction. Pulvino also maintained he should have been adjudicated a so-called “youthful offender,” thereby significantly reducing his sentence and forever sealing his record. Pulvino finally argued that his seven year sentence--the trial court could have sentenced him to over thirty years in state prison--was “unduly harsh and severe.” In support of this argument, Pulvino emphasized the sexual assault of his youngest victim, “was carried out in the most innocuous, gentle manner possible.”
The appellate court rejected all of the defendant’s arguments, upheld the conviction, and noted the seven year sentence was not unduly harsh or severe.
The integrity of the conviction was defended by Assistant District Attorney Nicholas Texido, who is assigned to DA Sedita’s Appeals Bureau. The case was successfully tried by Assistant District Attorney Rachel Newton, who is the Chief of DA Sedita’s Domestic Violence Bureau.