People v. Chisholm

Appellate Division of the Supreme Court of New York

People v. Chisholm

104 A.D.3d 972, 960 N.Y.S.2d 333

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 2013

StatusPublished

This text of 104 A.D.3d 972 (People v. Chisholm) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chisholm, 104 A.D.3d 972, 960 N.Y.S.2d 333 (N.Y. Ct. App. 2013).

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Opinion

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 29, 2011, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

[973]*973In satisfaction of a five-count indictment against him, defendant pleaded guilty to assault in the second degree and admitted that he intentionally caused injury to a toddler he was babysitting by placing the child into scalding hot water. County Court sentenced defendant, as agreed, to a prison term of four years to be followed by three years of postrelease supervision. We disagree with defendant’s contention that the sentence was harsh and excessive. Defendant grievously injured a young child and received an agreed-upon sentence that was well within the permissible range. County Court did not abuse its discretion in imposing that sentence, nor do we perceive any extraordinary circumstances that would warrant a reduction thereof (see People v Esposito, 53 AD3d 854, 854 [2008]; People v Holden, 188 AD2d 757, 761 [1992], lv denied 81 NY2d 887 [1993]).

Mercure, J.E, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 29, 2011, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

[973]*973In satisfaction of a five-count indictment against him, defendant pleaded guilty to assault in the second degree and admitted that he intentionally caused injury to a toddler he was babysitting by placing the child into scalding hot water. County Court sentenced defendant, as agreed, to a prison term of four years to be followed by three years of postrelease supervision. We disagree with defendant’s contention that the sentence was harsh and excessive. Defendant grievously injured a young child and received an agreed-upon sentence that was well within the permissible range. County Court did not abuse its discretion in imposing that sentence, nor do we perceive any extraordinary circumstances that would warrant a reduction thereof (see People v Esposito, 53 AD3d 854, 854 [2008]; People v Holden, 188 AD2d 757, 761 [1992], lv denied 81 NY2d 887 [1993]).

Mercure, J.E, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

104 A.D.3d 972, 960 N.Y.S.2d 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chisholm-nyappdiv-2013.

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