STATE COLLEGE — Berks County Senior Judge John Boccabella on Wednesday denied a motion by former Penn State president Graham Spanier for judgment of acquittal or a new trial.

Spanier was found guilty in May of one count of endangering the welfare of children, a misdemeanor, stemming from the grand jury that recommended charges against Jerry Sandusky in 2011. Spanier faces four months to one year, two months of which is set for incarceration and the remainder through house arrest.

Former athletic director Tim Curley pleaded guilty to the same misdemeanor charge. Boccabella granted his work release request “if the proposed employment meets the requirements of the institution and supervising authority.”Curley has incurable lung cancer and liver damage, according to court documents.