CLAY, N.Y. -- Albert Scerbo, the school teacher accused of sexually molesting Onondaga Nation students was in Town of Clay court Thursday night to be sentenced on a weapons possession charge. Scerbo was convicted of fourth-degree criminal possession of a weapon because he did not have a permit for a 22-caliber pistol he owned.

Scerbo faced up to seven years in prison after being convicted in August of first-degree sexual abuse, but the judge ordered a new trial after concluding that jury deliberations were improperly influenced by comments two jurors made.

For the weapons charge, the judge sentenced Scerbo with a one year conditional discharge.

His attorney, Ed Menkin, said the charge was bogus from the start.

"I think that the district attorney felt he had to convict this man of something and that's what happened here,” said Menkin.

Scerbo cannot posses a gun and must stay out of trouble for the next year.

A date for his new trial in the sexual molestation case has not yet been determined.