People v. Johnson

205 A.D.2d 344, 613 N.Y.S.2d 160, 1994 N.Y. App. Div. LEXIS 6050

Opinion

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered July 14, 1992, convicting defendant, upon a plea of guilty, of the crime of manslaughter in the first degree, and sentencing her to a term of 6 to 18 years, unanimously modified, on the law, the facts and as a matter of discretion in the interest of justice, to the extent of reducing the sentence to 4 to 12 years, and otherwise affirmed.

Here, where defendant was diagnosed as a battered woman, was the victim of violent abuse both by decedent and for her entire life prior, has a minimal criminal history, and is the mother of five children, we find the sentence excessive to the extent indicated. Concur—Ellerin, J. P., Ross, Nardelli and Williams, JJ.