A Chenango County man accused of killing his wife in 2002 has his second murder conviction tossed out.
Peter Wlasiuk has been serving a sentence of 25 years to life in prison
Wlasiuk's wife, Patricia, died in April 2002.
Her body was recovered from Guilford Lake, where the couple's truck had gone into the lake.
Wlasiuk said Patricia was driving.
At first he said she swerved to hit a deer, then later said she was depressed and drove into the water on purpose.
The prosecution argued that Peter killed Patricia at their home in Oxford, then staged the lake accident off Route 35.
He was tried twice.
he first conviction in 2002 was thrown out due to trial errors.
Now, the New York Appeals Court has thrown out the 2008 conviction.
It agrees Wlasiuk was denied effective counsel by attorney Randel Scharf.
Appeals judges found Scharf should have not have opposed the dismissal of juror with a conflict of interest.
Also, Scharf should not have introduced Patricia's diary as evidence, which has previously been ruled as inadmissible.
It will be up to the Chenango County District Attorney to seek a new indictment.