People v. Dedmon

• Decision Date: 16 September 2004
• Docket Number: 14347.
• Citation: People v. Dedmon, 10 AD3d 738, 781 N.Y.S.2d 756, 2004 NY Slip Op 6560 (N.Y. App. Div. 2004)
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE DEDMON, Appellant.
• Court: New York Supreme Court — Appellate Division

10 A.D.3d 738

781 N.Y.S.2d 756

2004 NY Slip Op 06560

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE DEDMON, Appellant.

14347.

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 16, 2004.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 12, 2002, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.

Defendant pleaded guilty to the reduced charge of manslaughter in the first degree arising out of the stabbing death of his girlfriend during a domestic dispute. Defendant was sentenced in accordance with the negotiated plea agreement to a prison term of 15 years, followed by five years of postrelease supervision. Defendant appeals, contending that the sentence imposed was harsh and excessive and should be reduced in the interest of justice. We disagree. It is well settled that a sentence within the statutory parameters will not be disturbed absent an abuse of discretion or extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Irizarry, 289 AD2d 875 [2001]; People v Dolphy, 257 AD2d 681, 685 [1999], lv denied 93 NY2d 872 [1999]). Notwithstanding defendant's contentions regarding his long-term substance...