A young man who was driving drunk when he crashed his car and caused the death of a 14-year-old passenger in 2012 has lost the appeal of the prison sentence he received after twice violating his probation.
Bradley V. Maloney, now 23, had sought to reverse Judge Michael F. Pietruszka’s 2014 decision to sentence him to three to nine years in prison after Maloney appeared before him for a second time on probation violations. Maloney said the prison term was “unduly harsh and severe.”
Judges of the Appellate Division of the Fourth Judicial Department rejected his argument. Vehicular manslaughter carries a maximum punishment of five to 15 years in prison.
Maloney originally received a sentence of six months in jail and five years probation after he pleaded guilty in 2012 to first-degree vehicular manslaughter, first- and second-degree vehicular assault and driving while intoxicated for the Jan. 28, 2012, crash that killed Angela Keim and injured two other passengers.
Before the crash, Maloney reportedly was driving in a caravan of partiers who had been drinking in Buffalo and were on their way to a cottage at Sunset Bay. He lost control of his Mustang convertible on a sharp curve on slushy pavement at the top of a hill at Versailles Plank and Snow roads. All the passengers were thrown from the car when it plunged off the road and down a bank.
For pleading guilty, Maloney was given the split sentence of jail and probation, which required, among other things, he attend all counseling sessions and refrain from drinking alcohol.
Maloney’s first probation violation was in 2013, when he went to a party where alcohol was served, missed his curfew and skipped several counseling sessions.
He was given a second chance and remained on probation. But in 2014, it was discovered Maloney was occasionally drinking at a bar in the same building as his apartment.
Pietruszka revoked his probation and resentenced him to prison.
According to the Department of Corrections, Maloney must serve at least three years of his sentence and will be eligible for parole in January 2017.