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A state appellate court on Thursday overturned the conviction of a schizophrenic Staten Island man found guilty of murdering both of his parents.
Eric Bellucci, 40, will now have a chance at a new trial after the ruling that found the Supreme Court judge presiding over his trial should not have ordered his defense counsel to present an insanity defense.
In Aug. 2016, Bellucci was convicted of two counts of first degree murder for the 2010 slaying and sentenced to life prison.
The defendant was deemed unfit to stand trial four times before a June 2015 examination determined he was competent as long as he continued to take his medicine.
The panel of appellate judges also wrote the Supreme Court judge should have considered granting a second competency examination for Bellucci — who refused to take his prescribed medication while awaiting trial at Rikers Island.
Both Bellucci’s defense and prosecutors had requested the new examination, which the judge denied.
“We note that, while it is for the court to decide whether to order a competency examination, when both the defense and the People agree that a competency examination is warranted, the court should hesitate before disagreeing,” the ruling said.
Bellucci was charged with killing his parents Arthur Bellucci, 61, and Marian Bellucci, 56, on Oct. 13, 2010 inside their Poillon Avenue home in the affluent section of Annadale.
He fled to Tel Aviv after the slaying but was captured shortly after.
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