| People v Mason |
| 2011 NY Slip Op 01752 [82 AD3d 1365] |
| March 10, 2011 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Naomi J.Mason, Appellant. |
—[*1] Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lawliss, J.), rendered April 5, 2010 inClinton County, convicting defendant upon her plea of guilty of the crimes of endangering thewelfare of a child and publishing a false written statement.
Following an incident in which defendant's infant son was found to have a broken arm,defendant was charged with endangering the welfare of a child and publishing a false writtenstatement. She pleaded guilty to these charges. Prior to the entry of her guilty plea, defendant wasadvised of the possible sentence that she could receive although no particular sentence waspromised. Defendant was subsequently sentenced to consecutive terms of one year in jail for eachcrime. She now appeals.
Defendant asserts that her due process rights were violated because the prosecutor madereference to injuries suffered by the infant, other than the broken arm that is the subject of thecrimes at issue, which were considered by Supreme Court. This argument is unpersuasive. Therecord reveals that the prosecutor made reference to the numerous injuries sustained by the infantthat were disclosed during an abuse and neglect proceeding, to which the court was privy, anddefense counsel acknowledged such injuries. Moreover, the presentence investigation reportcontained medical evidence substantiating the many injuries suffered by the infant and that theywere caused by some type of child abuse. The circumstances establish that this information wasreliable and accurate, and the court properly considered it (see People v Kennedy, 75 AD3d 766, [*2]768 [2010], lv denied 15 NY3d 853 [2010]; People vBaker, 292 AD2d 644, 645 [2002], lv denied 98 NY2d 635 [2002]).
Further, we do not find the sentence to be harsh or excessive. Defendant caused herdefenseless infant son injury and then put her own interest above his by lying about it. In view ofthis, and given that no particular sentence was agreed to as part of the plea agreement, we find noabuse of discretion or any extraordinary circumstances warranting a reduction of the sentence inthe interest of justice (see People v Britt, 283 AD2d 778, 781 [2001], lv denied96 NY2d 916 [2001]).
Peters, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment isaffirmed.