Appellate Division of the Supreme Court of New York, 1994

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided June 9, 1994
205 A.D.2d 344; 613 N.Y.S.2d 160; 1994 N.Y. App. Div. LEXIS 6050
People v. Johnson

Opinion of the Court

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.

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