BOSTON (AP) - The former operator of a Tyngsborough pizza parlor sentenced to four years in prison for beating an employee he thought stole $21,000 from the restaurant is asking a court to overturn his conviction.
In documents filed with the state Appeals Court, Eric Sideri claims the trial judge erred by not allowing the jury to consider a lesser included offense to the assault and battery charge.
Sideri is the former operator of Angela's Coal Fired Pizza.
The Sun reports that Sideri's attorney also argues that the judge didn't correctly instruct the jury on self-defense.
Prosecutors in their response say "none of the defendant's claims has merit."
Sideri was convicted in February 2012 of beating the other man. Police say there was no evidence the victim had stolen the money.