Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Matthew J. Mayo

State of New York Supreme Court, Appellate Division Third Judicial Department


November 15, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MATTHEW J. MAYO, ALSO KNOWN AS MEYHEM, APPELLANT.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered January 12, 2011, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.

The opinion of the court was delivered by: McCarthy, J.

MEMORANDUM AND ORDER

Calendar Date: October 16, 2012

Before: Mercure, J.P., Rose, Lahtinen, McCarthy and Egan Jr., JJ.

Following an incident in which defendant fatally stabbed a man outside a bar, he was charged in an indictment with a number of crimes, including murder in the second degree. He pleaded guilty to manslaughter in the first degree in satisfaction of the indictment as well as an unrelated assault charge arising from his attack upon a correction officer while he was in custody. Defendant was sentenced, in accordance with the plea agreement, to 20 years in prison, to be followed by five years of postrelease supervision. He now appeals.

Defendant contends that his sentence is harsh and excessive. Based upon our review of the record, we disagree. Defendant has a lengthy criminal record starting from a very young age. He has exhibited violent propensities, as is evidenced by both the crime at issue and his attack upon the correction officer, but has not shown remorse for his actions. In view of this, as well as the fact that he received the sentence promised under the terms of the plea agreement, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v Gillespie, 45 AD3d 974 [2007]; see also People v Sullivan, 37 AD3d 974, 975 [2007], lv denied 8 NY3d 991 [2007]).

Mercure, J.P., Rose, Lahtinen and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20121115

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.