From Casetext: Smarter Legal Research

People v. Gillespie

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 974 (N.Y. App. Div. 2007)

Opinion

No. 100786.

November 8, 2007.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered October 13, 2006, convicting defendant upon her plea of guilty of the crime of manslaughter in the first degree.

Susan T. Aron, Voorheesville, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Robin S. Engler of counsel), for respondent.

Before: Mercure, J.P., Crew III, Peters, Spain and Kane, JJ., concur.


Having killed the victim with a gunshot to the head, defendant pleaded guilty to manslaughter in the first degree and was sentenced in accordance with the plea agreement to 20 years in prison and five years of postrelease supervision. Defendant now appeals.

We reject defendant's contention that her sentence was harsh and excessive. Given the brutal nature of the crime committed, along with the fact that, at the time of the incident defendant was on parole for her prior conviction for attempted robbery in the second degree, we find neither an abuse of discretion by County Court nor the existence of any extraordinary circumstances warranting a reduction of the negotiated sentence in the interest of justice ( see People v Stubblefteld, 18 AD3d 955, 956, lv denied 5 NY3d 795). Accordingly, the judgment is affirmed.

Ordered that the judgment is affirmed.


Summaries of

People v. Gillespie

Appellate Division of the Supreme Court of New York, Third Department
Nov 8, 2007
45 A.D.3d 974 (N.Y. App. Div. 2007)
Case details for

People v. Gillespie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TALLULAH A. GILLESPIE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 8, 2007

Citations

45 A.D.3d 974 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8312
845 N.Y.S.2d 177

Citing Cases

People v. Mayo

Defendant has a lengthy criminal record starting from a very young age. He has exhibited violent…