Raucci's pension issue undecided in court - NEWS10 ABC: Albany, New York News, Weather, Sports

Raucci's pension issue undecided in court

ALBANY, N.Y. (AP) - New York's top court has rejected a lower court's decision that victims can claim criminals' pensions, concluding the legal argument wasn't part of the case involving a former Schenectady school district employee.
    
Tuesday's ruling concerns victims of Steven Raucci, convicted of arson and possessing explosives.
    
The Court of Appeals says it must wait for another case to determine if New York's "Son of Sam Law" trumps the statute shielding pensions.
    
The midlevel Appellate Division said the law, named for convicted murderer David Berkowitz, permits victims to recover both profits from a crime and money the criminal receives from other sources, including pensions.
    
The trial judge sided with Raucci and his wife, saying the legal argument against that particular exemption in retirement law wasn't made.

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