| People v Gillespie |
| 2007 NY Slip Op 08312 [45 AD3d 974] |
| November 8, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Tallulah A.Gillespie, Appellant. |
—[*1] Gerald F. Mollen, District Attorney, Binghamton (Robin S. Engler of counsel), forrespondent.
Appeal from a judgment of the County Court of Broome County (Mathews, J.), renderedOctober 13, 2006, convicting defendant upon her plea of guilty of the crime of manslaughter inthe first degree.
Having killed the victim with a gunshot to the head, defendant pleaded guilty tomanslaughter in the first degree and was sentenced in accordance with the plea agreement to 20years 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 brutalnature of the crime committed, along with the fact that, at the time of the incident defendant wason parole for her prior conviction for attempted robbery in the second degree, we find neither anabuse of discretion by County Court nor the existence of any extraordinary circumstanceswarranting a reduction of the negotiated sentence in the interest of justice (see People v Stubblefield, 18 AD3d955, 956 [2005], lv denied 5 NY3d 795 [2005]). Accordingly, the judgment isaffirmed.
Mercure, J.P., Crew III, Peters, Spain and Kane, JJ., concur. Ordered that the judgment isaffirmed.