Rudy Fleming, who is currently serving time for shooting duFresne in a New York street in 2005, claims he has been diagnosed as ""psychotic"" and is demanding a new trial to prove he cannot be held responsible for the killing.

But on Tuesday (28Dec10) an appeal court panel ruled Fleming, who insists he suffers hallucinations which include the vision of a ""giant marshmallow man"", is ""exaggerating"" his mental illness, and upheld his life sentence.

The 25 year old was sentenced to life without parole in 2006 after he was found competent to stand trial, reports the New York Daily News.