The sentence is the same for the second conviction.
Peter Wlasiuk resumes serving 25 years to life for the murder of his wife.
Action News Reporter Julianne Sweeney was in Chenango County Court where the judge dismissed a defense argument for delay.
39-year old Peter Wlasiuk of Oxford was convicted a second time of second degree murder for killing his wife Patricia.
This is Wlasiuk entering the Chenango County Courthouse last month.
Today, Judge Martin Smith dismissed defense claims of jury misconduct.
Attorney Randy Sharf argued a doctor on the jury may have answered questions about autopsies.
Smith denied a request for a hearing, saying jurors can bring their experience into deliberations.
"Judge Smith did a great job at sentencing, holding him accountable for the actions that he's done to Patty Wlasiuk and the pain that he's given to the whole family." says Chenango County District Attorney Joseph McBride.
Smith says there is no question in his mind that Peter intentionally killed Patricia and covered it up.
The prosecution says Wlasiuk suffocated his wife at their Oxford home in 2002.
Then staged a truck accident in Guilford Lake, off Route 35.
"Unfortunately it's not over for the family. The appeal process starts again, and so, uh we'll just...we've dotted all our i's, crossed all our t's and hopefully Mr. Wlasiuk's in the Attica for the rest of his life." says McBride.
Wlasiuk has 30 days to file an appeal.
Smith gave Wlasiuk credit for the time he already served in state prison.
He will be eligible for parole in 17 to 18 years, but Smith said in his opinion, Wlasiuk should never be released.
Wlasiuk was found guilty of murder in 2002, but the verdict was thrown out on appeal.
He'll serve his sentence at the Attica Correctional Facility.