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DEFENDANT’S SENTENCE REDUCED TO TIME-SERVED BASED UPON HIS HEALTH (FIRST DEPT).

The First Department reduced defendant’s sentence for assault second, aggravated harassment and criminal possession of a weapon based upon defendant’s health:

The trial evidence established that the defendant engaged in a 10-month campaign of harassment, wherein he terrorized the attorneys and two female staff at the law firm representing his wife in divorce proceedings. The defendant called the firm more than 1,500 times during that period, and engaged in vile communication which became progressively more sexual, racist and threatening in nature. The evidence likewise supports the conclusion that defendant caused physical injury to his wife’s matrimonial lawyer when defendant hit the victim in the shin with his four-pronged cane during a court proceeding. * * *

While we otherwise find no basis to disturb defendant’s sentence and do not consider him deserving of this court’s leniency, we exercise our interest of justice jurisdiction. In so doing, we extend to him the compassion and consideration he neglected to show the four women simply doing their jobs, and reduce his sentence to time served because of defendant’s age and chronic health conditions (including coronary artery disease, hypertension and diabetes), and the fact that he has only a few months to serve before his release date. People v Spinac, 2020 NY Slip Op 04002, First Dept 7-16-20

 

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