Sentencing for convicted murderer Peter Wlasiuk is postponed.
Wlasiuk was found guilty in Chenango County last month.
But as Action News Reporter Julianne Sweeney tells us, the defense now claims the jury mishandled the case.
38-year old Peter Wlasiuk will wait at least three more weeks to learn his fate.
He entered the Chenango County Courthouse where he was convicted last month of killing his wife, Patricia.
His attorney, Randy Sharf, asked to delay sentencing due to jury misconduct.
He claims a doctor on the jury answered questions for others.
Questions related to cause of death, asphyxiation, and autopsies.
"These issues are before the jury in a circumstantial evidence case where they have to exclude every reasonable hypotheses of innocence, and they're asking a guy questions who's on the jury who's a foot doctor." says Sharf.
Wlasiuk was found guilty of murder a second time in a jury trial last month.
The prosecution says Wlasiuk suffocated his wife Patricia at their Oxford home in 2002.
Then staged a truck accident in Guilford Lake, off Route 35.
Wlasiuk was found guilty of murder in 2002, but the verdict was thrown out on appeal.
Patricia's mother is frustrated with more delay.
"There's just no reason for this to be put off and put off and put off." says Joyce Cardozo.
The judge delayed sentencing due an error by the prosecution.
District Attorney Joseph McBride did not give the defense a timely notification that two members of Patricia's family would speak at
The judge re-scheduled sentencing for November 17 at 11:00 am.
The defense plans to use that time to request a full hearing on jury misconduct claims.
Wlasiuk faces 25 years to life in prison.