People v. Smith

Citation84 A.D.3d 1592,2011 N.Y. Slip Op. 04122,922 N.Y.S.2d 662
PartiesThe PEOPLE of the State of New York, Respondent,v.Jamie S. SMITH, Appellant.
Decision Date19 May 2011
CourtNew York Supreme Court Appellate Division

84 A.D.3d 1592
922 N.Y.S.2d 662
2011 N.Y. Slip Op. 04122

The PEOPLE of the State of New York, Respondent,
v.
Jamie S. SMITH, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

May 19, 2011.


[922 N.Y.S.2d 662]

Abbie Goldbas, Utica, for appellant.Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.Before: SPAIN, J.P., ROSE, LAHTINEN, McCARTHY and EGAN, JR., JJ.

[84 A.D.3d 1592] Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered March 6, 2006, convicting defendant upon his plea of guilty of the crimes of criminal sexual act in the third degree (three counts) and endangering the welfare of a child.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with various crimes of a sexual nature arising from his inappropriate behavior toward two teenage boys, one of whom was a relative. In satisfaction thereof, he pleaded guilty to three counts of criminal sexual act in the third degree and one count of endangering the welfare of a child, and waived his right to appeal everything except for the sentence. Under the terms of the plea agreement, no promises were made with respect to the sentence and defendant was advised that the sentences imposed upon the sexual act counts could run consecutively. Thereafter, defendant was sentenced to consecutive prison terms of 1 1/3 to 4 years on each of the sexual act counts and one

[922 N.Y.S.2d 663]

year in jail on the endangering count. He now appeals.

Defendant's sole contention is that the sentence is harsh and excessive. Based upon our review of the record, we disagree. It was revealed during the plea proceedings that defendant, who was a forest ranger, faced the possibility of being charged with crimes involving six different victims and spanning a period of four years, including 36 felonies as to one of those victims alone. He significantly limited his exposure to prison by agreeing to be prosecuted by the superior court information and by pleading guilty to only four of the crimes contained therein. In view of this and given defendant's abuse of a position of trust, and notwithstanding his lack of a prior criminal record and other mitigating factors all considered at sentencing, we do not find [84 A.D.3d 1593] any extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice ( see People v. Maggio, 70 A.D.3d 1258...

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4 cases
  • People v. Woodrow
    • United States
    • New York Supreme Court — Appellate Division
    • November 3, 2011
    ...we find no extraordinary circumstances or abuse of discretion requiring reduction in the interest of justice ( see People v. Smith, 84 A.D.3d 1592, 1592–1593, 922 N.Y.S.2d 662 [2011]; People v. Dolan, 51 A.D.3d 1337, 1341, 858 N.Y.S.2d 490 [2008], lv. denied 12 N.Y.3d 757, 876 N.Y.S.2d 709,......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • May 14, 2015
    ...guilty of the crimes of criminal sexual act in the third degree (three counts) and endangering the welfare of a child (People v. Smith, 84 A.D.3d 1592, 922 N.Y.S.2d 662 [2011] ). As his release from prison neared, the Board of Examiners of Sex 9 N.Y.S.3d 463Offenders completed a risk assess......
  • People v. Rorick
    • United States
    • New York Supreme Court — Appellate Division
    • June 13, 2013
    ...84 A.D.3d 1638, 1638–1639, 923 N.Y.S.2d 366 [2011],lv. denied17 N.Y.3d 816, 929 N.Y.S.2d 805, 954 N.E.2d 96 [2011];People v. Smith, 84 A.D.3d 1592, 1592–1593, 922 N.Y.S.2d 662 [2011] ). ORDERED that the judgment is affirmed.PETERS, P.J., STEIN, SPAIN and McCARTHY, JJ.,...
  • People v. D'Entremont
    • United States
    • New York Supreme Court — Appellate Division
    • May 17, 2012

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