People v Reed
2007 NY Slip Op 10412 [46 AD3d 1221]
December 27, 2007
Appellate Division, Third Department
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent, v Chad A. Reed,Appellant.

[*1]Jason Cooper, Albany, for appellant.

Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), forrespondent.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July18, 2006, convicting defendant upon his plea of guilty of the crime of manslaughter in the firstdegree.

Having caused the death of his girlfriend's eight-month-old son by shaking him and throwinghim to the floor, defendant pleaded guilty to manslaughter in the first degree. County Courtsentenced defendant in accordance with the plea agreement to a term of imprisonment of 15 yearsto life followed by five years of postrelease supervision. Defendant now appeals.

Defendant's sole contention is that the sentence imposed was harsh and excessive. Wedisagree. Notwithstanding defendant's apparent remorse and lack of a criminal history, we notethe senseless and repugnant nature of the crime perpetrated on a helpless infant and find neitheran abuse of discretion by County Court nor the existence of any extraordinary circumstanceswarranting a reduction of the lawful, agreed-upon sentence (see People v Smith, 41 AD3d 964, 967 [2007], lv denied 9NY3d 881 [2007]; People v Mitchell, 289 AD2d 776, 780 [2001], lv denied 98NY2d 653 [2002]). The judgment is therefore affirmed.

Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that thejudgment is affirmed.


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