A Greenfield man who took money from a retirement account in violation of a court order was sentenced in Saratoga County Court Thursday to six months of weekends in jail.
Special prosecutor David Harper said Andrew A. Palmateer, 43, will also be on probation for five years, and must pay his former wife $12,967 in restitution.
Harper said the kind of sentence imposed by County Court Judge Jerry Scarano is commonly agreed to by the prosecution in order to facilitate the payment of restitution.
Palmateer pleaded guilty in February to third-degree grand larceny, fourth-degree grand larceny and third-degree assault. The sentence was agreed to at that time.
The victim appeared at the sentencing and read a statement into the record detailing a history of abuse and a failure to support the family, Harper said.
The case began when the victim, Palmateer’s former wife, called the police on Dec. 26, 2012 to report her estranged husband had assaulted her. After an initial investigation by the Saratoga County Sheriff’s Department, Palmateer was charged with assault.
The case was assigned to Harper, a former assistant district attorney, due to a conflict of interest within the district attorney’s office. Harper said a part-time assistant district attorney had previously represented the Palmateers in private practice.
During the investigation, it was learned that Palmateer, during divorce proceedings in 2012, had been ordered by the court to turn over half of the couple’s 401(k) account and the deed to the couple’s house to his wife. Nevertheless, Palmateer had emptied the couple’s entire 401(k) and withdrew an additional $1,100 from a home equity loan account.